Bill C-10 (Historical)

Budget Implementation Act, 2009

An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures

Part 1 implements income tax measures proposed in the January 27, 2009 Budget. In particular, it
(a) increases by 7.5% above their 2008 levels the basic personal amount and the upper limits for the two lowest personal income tax brackets, thereby also increasing the income levels at which income testing begins for the base benefit under the Canada Child Tax Credit and the National Child Benefit supplement;
(b) increases by $1,000 the amount on which the Age Credit is calculated;
(c) increases to $25,000 the maximum amount eligible for withdrawal under the Home Buyers’ Plan;
(d) introduces amendments to the rules related to Registered Retirement Savings Plans and Registered Retirement Income Funds to allow for recognition of losses in accounts between the time of the annuitant’s death and final distribution of property from the account;
(e) repeals the interest deductibility constraints in section 18.2 of the Income Tax Act;
(f) extends the mineral exploration tax credit for one year;
(g) increases to $500,000 the annual amount of active business income eligible for the 11% small business income tax rate and makes related amendments;
(h) clarifies rules relating to timing of acquisition of control of a corporation; and
(i) creates cost savings through electronic filing of tax information.
In addition, Part 1 implements income tax measures that were referenced in the January 27, 2009 Budget and that were originally proposed in the February 26, 2008 Budget but not included in the Budget Implementation Act, 2008. In particular, it
(a) clarifies the application of the excess corporate holdings rules for private foundations;
(b) increases the amount that corporations will be able to pay as “eligible dividends”;
(c) enacts several regulatory amendments that complement and complete measures enacted in the Budget Implementation Act, 2008;
(d) introduces minor adjustments to the Tax-Free Savings Account rules and the scientific research and experimental development investment tax credit rules included in the Budget Implementation Act, 2008;
(e) implements rules in respect of donations of medicines; and
(f) reduces the paper burden on businesses by allowing a larger number of government entities to share Business Number-related information in connection with government programs and services.
Part 1 also implements other income tax measures referred to in the January 27, 2009 Budget that either were themselves previously announced or flow directly from previously announced measures. In particular, it
(a) implements technical changes relating to specified investment flow-through trusts and partnerships and new tax rules to facilitate the conversion of these entities into corporations;
(b) contains amendments to take into account financial institution accounting changes;
(c) extends the general treatment of capital gains and losses on an acquisition of control of a corporation to gains and losses that result from fluctuations in foreign exchange rates in respect of debt denominated in foreign currency;
(d) enhances the carry-forward for investment tax credits;
(e) implements amendments relating to the computation of income, gains and losses of a foreign affiliate;
(f) implements amendments to the functional currency tax reporting rules;
(g) implements minor tax amendments relating to interprovincial allocation of corporate taxable income, the Wage Earner Protection Program and the Canada-United States tax treaty’s rules for cross-border pensions;
(h) provides for an extension of time for income tax assessments that are consequential to provincial reassessments;
(i) ensures the appropriate application of the Income Tax Act’s trust rules to certain arrangements and institutions under Quebec civil law;
(j) enacts regulatory amendments relating to prescribed amounts for automobile expenses and benefits, eligible medical expenses, and the tax treatment of foreign affiliate active business income earned in a jurisdiction with which Canada has concluded a tax information exchange agreement;
(k) introduces rules to reduce the required minimum amount that must be withdrawn from a Registered Retirement Income Fund or from a variable benefit money purchase pension plan by 25% for 2008, and allows related re-contributions;
(l) extends the deadline for Registered Disability Savings Plan contributions; and
(m) modifies the provisions relating to amateur athletic trusts.
Part 2 amends the Excise Act, 2001 and the Excise Tax Act to implement measures to reduce the paper burden on businesses by allowing a larger number of government entities to share Business Number-related information in connection with government programs and services.
Part 3 amends the Customs Tariff to implement measures announced in the January 27, 2009 Budget to
(a) reduce Most-Favoured-Nation rates of duty and, if applicable, rates of duty under other tariff treatments on a number of tariff items relating to machinery and equipment imported on or after January 28, 2009;
(b) divide tariff item 9801.10.00 into two separate tariff items pertaining to conveyances and containers, respectively, and make two technical corrections, effective January 28, 2009; and
(c) modify the tariff treatment of milk protein substances, effective September 8, 2008.
Part 4 amends the Employment Insurance Act until September 11, 2010 to extend regular benefit entitlements by five weeks. It also provides that a pilot project ceases to have effect. In addition, it amends that Act to provide that the cost of benefit enhancement measures under that Act, provided for in the budget tabled in Parliament on January 27, 2009, are not to be charged to the Employment Insurance Account. Finally, it sets the premium rate provided for under that Act for the years 2002, 2003, 2005 and 2010.
Division 1 of Part 5 amends the Financial Administration Act to authorize the Minister of Finance to take, subject to certain conditions, a number of measures intended to promote the stability or maintain the efficiency of the financial system, including financial markets, in Canada.
Division 2 of Part 5 amends the Canada Deposit Insurance Corporation Act to provide the Canada Deposit Insurance Corporation with greater flexibility to enhance its ability to safeguard financial stability in Canada. The Division also adds Tax-Free Saving Accounts as a distinct category for the purposes of deposit insurance. It also makes consequential amendments to other acts.
Division 3 of Part 5 amends the Export Development Act to, among other things, expand the Export Development Corporation’s mandate to include the support and development of domestic trade and business opportunities for a period of two years. The period may be extended by the Governor in Council. Division 3 also increases the Corporation’s authorized capital.
Division 4 of Part 5 amends the Business Development Bank of Canada Act to increase the maximum amount of the paid-in capital of the Business Development Bank of Canada.
Division 5 of Part 5 amends the Canada Small Business Financing Act to increase the maximum outstanding loan amount in relation to a borrower. It also increases individual lenders’ cap on claims. These amendments will apply to new loans made after March 31, 2009.
Division 6 of Part 5 amends a number of Acts governing federal financial institutions to improve access to credit and strengthen the financial system in Canada, including amendments that will
(a) provide new authority for further safeguards to promote the stability of the financial system;
(b) enhance consumer protection by establishing new measures to help consumers of financial products; and
(c) implement other technical measures to strengthen the financial sector framework in Canada.
Division 7 of Part 5 provides for payments to be made to provinces and territories, provides authority to the Minister of Finance to enter into agreements respecting securities regulation with provinces and territories and enacts the Canadian Securities Regulation Regime Transition Office Act.
Part 6 authorizes payments to be made out of the Consolidated Revenue Fund for various purposes, including infrastructure and housing.
Part 7 amends Part I of the Navigable Waters Protection Act to create a tiered approval process for works in order to streamline the approval process and to exclude certain classes of works and works on certain classes of navigable waters from the approval process. This Part further amends Part I of the Act to clarify the scope of the application of that Part to works owned or previously owned by the Crown, to provide for the application of the Act to bridges over the St. Lawrence River and to add certain regulation-making powers.
Part 7 also amends the Act to clarify the provisions related to obstacles and obstructions to navigation. The Act is also amended by adding administration and enforcement powers, consolidating all offence provisions, increasing fines and requiring a review of the Act within five years of the amendments coming into force.
Division 1 of Part 8 amends the Wage Earner Protection Program Act and the Wage Earner Protection Program Regulations to provide that unpaid wages for which an individual may receive payment under the Wage Earner Protection Program include unpaid severance pay and termination pay.
Division 2 of Part 8 amends the Canada Student Financial Assistance Act to, among other things,
(a) require the Chief Actuary of the Office of the Superintendent of Financial Institutions to report on financial assistance provided under that Act; and
(b) authorize the Minister of Human Resources and Skills Development to suspend or deny financial assistance to all those who are qualifying students in respect of a designated educational institution.
Division 2 of Part 8 also amends both the Canada Student Financial Assistance Act and the Canada Student Loans Act to, among other things,
(a) terminate all obligations of a borrower with respect to risk-shared loans and guaranteed loans if the borrower dies;
(b) authorize the Minister of Human Resources and Skills Development to require any person who has received financial assistance or a guaranteed student loan to provide that Minister with documents or information for the purpose of verifying compliance with those Acts; and
(c) authorize that Minister to terminate or deny financial assistance in certain circumstances.
Division 3 of Part 8 amends the Financial Administration Act to provide express authority for agent Crown corporations to lease their property, restrict the appointment of employees of a Crown corporation to its board of directors, require Crown corporations to hold annual public meetings, clarify Treasury Board’s duties to indemnify Crown corporation directors and officers, permit more flexibility in the frequency of special examinations of Crown corporations, and require the reports of special examinations to be submitted to the appropriate Minister and Treasury Board and made public. This Division also makes consequential amendments to other Acts.
Part 9 amends the Federal-Provincial Fiscal Arrangements Act to set out the amount of the fiscal equalization payments to the provinces for the fiscal year beginning on April 1, 2009 and amends the method by which fiscal equalization payments will be calculated for subsequent fiscal years. It also amends the method by which the Canada Health Transfer is calculated for each fiscal year in the period beginning on April 1, 2009 and ending on March 31, 2014.
Part 10 enacts the Expenditure Restraint Act. The purpose of that Act is to put in place a reasonable and an affordable approach to compensation across the federal public sector in support of responsible fiscal management in a difficult economic environment.
It sets out rules governing economic increases to the rates of pay of unionized and non-unionized employees for periods that begin during the period that begins on April 1, 2006 and ends on March 31, 2011. It also continues certain other terms and conditions at their current levels. It preserves the right of collective bargaining with regard to other matters and it does not affect the right to strike.
The Act does not preclude the continued development of workplace improvements by employers and employees’ bargaining agents through the National Joint Council or other bodies that they may agree on. It also permits bargaining agents and employers to agree to the amendment of certain terms and conditions of collective agreements or arbitral awards.
Part 11 enacts the Public Sector Equitable Compensation Act and makes consequential amendments to other Acts. The purpose of the Act is to ensure that proactive measures are taken to provide employees in female predominant job groups with equitable compensation.
It requires public sector employers that have non-unionized employees to determine periodically whether any equitable compensation matters exist in the workplace and, if so, to prepare a plan to resolve them. With respect to public sector employers that have unionized employees, the employers and the bargaining agents are to resolve those matters through the collective bargaining process.
It sets out the procedure for informing employees as to whether an equitable compensation assessment was required to be conducted and, if so, how it was conducted, and how any equitable compensation matters were resolved. It also establishes a recourse process for employees if the Act is not complied with.
Finally, since the Act puts in place a comprehensive equitable compensation scheme for public sector employees, this Part amends the Canadian Human Rights Act so that the provisions of that Act dealing with gender-based wage discrimination no longer apply to public sector employers. It extends the mandate of the Public Service Labour Relations Board to allow it to hear equitable compensation complaints and to provide other services related to equitable compensation in the public sector.
Part 12 amends the Competition Act. The amendments include
(a) introducing a dual-track approach to agreements between competitors, with a limited criminal anti-cartel provision and a civil provision to address other agreements that substantially lessen or prevent competition;
(b) providing that bid-rigging includes agreements or arrangements to withdraw bids or tenders;
(c) repealing the provisions dealing with price discrimination and predatory pricing, replacing the criminal resale price maintenance provision with a new civil provision to address price maintenance practices that have an adverse effect on competition, and repealing all provisions dealing specifically with the airline industry;
(d) introducing an administrative monetary penalty for cases of abuse of dominant position, increasing the maximum amount of administrative monetary penalties for deceptive marketing cases, and increasing the maximum fines or terms of imprisonment, or both, for agreements or arrangements between competitors, bid-rigging, criminal false or misleading representations, deceptive telemarketing, deceptive notice of winning a prize, obstruction of Competition Bureau investigations and failure to comply with prohibition orders or production orders;
(e) clarifying that, in proceedings under section 52, 74.01 or 74.02, it is not necessary to establish that false or misleading representations are made to the public in Canada or are made in a place to which the public has access, and clarifying that the “general impression test” applies to all deceptive marketing practices in sections 74.01 and 74.02;
(f) providing that the court may make an order in respect of cases of false or misleading representations to require the person who engaged in the conduct to compensate persons affected by the conduct, and may issue an interim injunction to freeze assets if the Commissioner of Competition intends to ask for such a compensation order; and
(g) introducing a two-stage merger review process for notifiable transactions, increased merger pre-notification thresholds and a reduced merger review limitation period.
Part 13 amends the Investment Canada Act so that the review of an investment will be applied only to the more significant investments. It also amends the Act to allow more information to be made public. This Part also provides for the review of foreign investments in Canada that could threaten national security and allows the Governor in Council to take any measures that the Governor in Council considers advisable to protect national security, such as prohibiting a non-Canadian from implementing an investment.
Part 14 amends the Canada Transportation Act to provide the Governor in Council with flexibility to increase the foreign ownership limit from the existing levels to a maximum of 49%.
Part 15 amends the Air Canada Public Participation Act in relation to the mandatory provisions in the articles of Air Canada regarding constraints imposed on the issue, transfer and ownership of shares. It provides for the repeal of the provisions requiring that the articles of Air Canada contain provisions imposing limits on non-resident share ownership and the repeal of the provisions requiring that the articles of Air Canada contain provisions respecting the enforcement of these constraints.

Budget Implementation Act, 2009

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I am pleased to participate in the debate on Bill C-10, the budget implementation bill. I want to say a few words in support of the Bloc Québécois' proposal to delete clauses 380 to 392. These clauses relate to the Conservative government's unilateral decision to amend the equalization formula as it was previously amended. What we have to do now is maintain the status quo.

If clauses 383 to 392 remain in Bill C-10, Quebec will lose almost $1 billion in the 2009-10 fiscal year. At a time when the economic situation is affecting Quebec's tax revenues, the $1 billion shortfall will have very serious effects on the Government of Quebec's ability to fulfill its obligations in terms of health, education and social solidarity.

We hope that all of the Quebec members will do the right thing for Quebec by supporting the Bloc Québécois' amendments. If Quebec members from any of the other parties decide to support Bill C-10 as written, they will be doing a poor job of representing Quebec's interests and will be acting against the National Assembly's decisions. As everyone knows, in mid-January, the National Assembly unanimously passed a motion demanding that the federal government respect the current equalization formula, among other things.

On March 19, 2007, which was just months, not centuries ago, Canada's Prime Minister wrote to the Premier of Quebec, Jean Charest, and made a number of promises that Bill C-10 does not keep, particularly with respect to the issues addressed in clauses 383 to 392. I would like to read an excerpt from his letter. At the end of the first paragraph, the Conservative Prime Minister wrote to his Quebec counterpart:

Budget 2006 reaffirmed this commitment, and launched a dialogue with provincial and territorial governments, experts and Canadians on how to return federal transfers to a principled, predictable and formula-driven basis after two years of one-off deals.

At the end of the Liberal regime under Mr. Martin, patchwork changes were made to equalization. In his letter, the Conservative Prime Minister indicated that there will no longer be any one-off agreements, and that principles and a formula will be used to ensure stable transfer payments. There is no denying that Bill C-10, particularly clauses 380 to 392 relating to equalization, does not respect this commitment made by the Prime Minister of Canada. In the second paragraph of that letter, we read:

All governments will have principled, predictable and long-term support for their key responsibilities.

Once again we see that Bill C-10 flies in the face of the Conservative Prime Minister's commitments. The Minister of Finance tried to tell us that the information was made public during the finance ministers' conference last fall. Ms. Jérôme-Forget, who is not a sovereignist—and I am not convinced she votes for the Bloc Québécois—is the Liberal finance minister in Quebec and cares very much about Quebec's interests. She has clearly said that the information was not communicated at that meeting.

I would like to point out that the Conservative government is in the midst of reaching a parallel agreement with Nova Scotia based on the fact that it had not been informed of the changes to equalization and the impact this would have on transfers to that province. During that meeting of finance ministers, Ms. Jérôme-Forget, and I have no reason not to believe her, very clearly told the federal Conservative government and the Minister of Finance that the information had not been made available.

There was no indication that the amount of the shortfall would be as high as we are talking about now, that is, $1 billion.

I would point out that the essence of clauses 383 to 392 limits the amount to which each province will be entitled. That is a significant constraint of itself. In addition, the government is amending the formula for calculating equalization payments, which, in our opinion was unsatisfactory. I would point out that the government included only 50% of royalties or other forms of revenue related to natural resources, which, to our mind, was totally insufficient. If the government wants equalization to play the role it was created for and enshrined in the Canadian Constitution, all revenues from natural resources must be taken into account. In our opinion, the formula was already a hybrid, as it took into account only half of these revenues. We continue to believe that all revenue must be taken into account in order to establish the real level of equalization and transfer payments to which Quebec and the other provinces are entitled.

If we go back further, the equalization formula and stable principles for it to be determined on were part of a series of demands the Conservative government failed to meet. Despite what the Prime Minister, Conservative MPs from Quebec and the Minister of Finance say, it is incorrect to say that the fiscal imbalance has been resolved. On this point, there is consensus in the Quebec National Assembly and in Quebec. The fiscal imbalance has not been resolved.

For it to be resolved, the levels of transfer payments for social programs such as health care, post-secondary education and social solidarity would have to be returned to 1994-95 levels, just before the Minister of Finance, Paul Martin at the time, began his unilateral cuts and began shovelling his financial problems into the yards of the provinces and Quebec. That is why there is still an $820 million shortfall in Quebec in transfers for post-secondary education. Canada-wide, the figure is $3.2 billion. Efforts were made in the past for health care, but, in the case of post-secondary education programs, we remain at the 1994-95 levels. That is unacceptable.

Once the levels have been restored, we want the federal government and the Government of Quebec to negotiate equivalent transfers of tax room to Quebec. It is very clear, as we can see today with Bill C-10, that federal transfers to Quebec and the provinces are still subject to federal arbitrariness. The only way to make sure that Quebec has the financial autonomy it needs to discharge its responsibilities, even within the Canadian federation, is to transfer tax room to Quebec, as has been done in the past.

Under Lester B. Pearson, the transfer made at the request of Jean Lesage made the Quiet Revolution possible and allowed Quebec to catch up. There was also a transfer in 1977 under René Lévesque. Whether you are a federalist or a sovereigntist, when you work for Quebec's interests, you get results. The transfer made in 1977 was essentially for health care.

What we are asking for is not new, but for these transfers to take place, the government must restore the 1994-95 levels, then negotiate with Quebec to transfer the tax room these transfers represent.

There is still another problem: the Conservative government had promised on two or three separate occasions to address the issue of the federal spending power. It is very clear to us that what is needed is not to restrict or limit the federal spending power, but to eliminate it. The only way to do this is to give Quebec and any province that so desires the chance to opt out of any federal program put in place in the jurisdictions of the provinces and Quebec, with full compensation and no strings attached. We are still waiting for the bill, but I seriously doubt that we will ever see it. If the government cannot keep its word on equalization and the formula it put in place barely a year and half ago, when it promised that equalization would be guaranteed for the long term, I would be very surprised if it kept its promise on the federal spending power, when it has not even begun creating the conditions to fulfill it.

This is regrettable. Once again, I invite all the members of this House to vote in favour of deleting clauses 383 to 392.

[Roger Pomerleau, Bloc, Drummond, QC]

Mr. Speaker, I thank my hon. colleague from Joliette for his wonderful explanation. Thus, very shortly there will be a $1 billion shortfall for Quebec. For those who do not have that kind of money and who never will, it consists of a thousand $1 million dollar bills stacked one on top of the other. It is a great deal of money with which a great many things can be done and, without which, they cannot be done.

It is a large hole in Ms. Jérôme-Forget's coffers, which she talks about constantly. At present, there is not much in the coffers. One of the reasons is probably the cuts made there also. The National Assembly decided to unanimously denounce the cuts. All federalists, as well as the sovereignists, in the National Assembly of Quebec have spoken out against this. It is unanimous and it is Quebec that speaks in the National Assembly and not two or three persons in this House. It is all of Quebec.

All members of the House who are not members of the Bloc, save one, will vote against Quebec on this matter. We understand why. In fact, this is all about the rules of caucus. In caucus, democracy prevails: the majority decides and the minority follows. Our members are in the minority everywhere, no matter what we do, and will always be obliged to defend the positions established by the Canadian majority that wants these cuts. They will always back Canada rather than Quebec.

I would like to hear what my colleague has to say about this.

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I would like to thank the hon. member for Drummond for his extremely pertinent question. In a debate on equalization, one sees the importance of the debate that went on during the election campaign. When campaigning started, the Conservatives tried to question the legitimacy of the Bloc Québécois and the votes of millions of Quebeckers in the last 18 years.

Whether in 1993, 1997, 2000, 2004, 2006 or again in 2008 at the last election, the people of Quebec each time decided that the majority of their deputation would be under the Bloc Québécois banner. Why? They are very much aware, as they are this very day, that the only party that will stand up and without compromise defend the interests and values of Quebec is the Bloc Québécois.

As long as we remain within the Canadian federation, the Bloc Québécois will have a role to play. I am certain that, in the future, as in the past, Quebeckers will continue to send a majority of MPs who truly defend their interests and their values, that is MPs from the Bloc Québécois.

[Pascal-Pierre Paillé, Bloc, Louis-Hébert, QC]

Mr. Speaker, I would like to thank my colleague from Joliette for this extremely enriching and very true speech. I strongly support his comments.

As my colleague from Drummond has said, it is a matter of Quebec losing one billion dollars. I wonder how the Government of Quebec will be able to plan certain budgets in future without really knowing the true amounts it will be getting from Ottawa. It would also be important to point out that this is not money being given to us by Ottawa, but money being returned to us. Our money. Our work provided that money, which was transferred to Ottawa. It needs to come back to us.

A little aside concerning the Conservative ideology. Albert is receiving ongoing transfer payments, according to a certain progression, while equalization payments to the other provinces are being slashed.

Does my colleague find it logical that rich Alberta continues to get money, while the other provinces watch their equalization transfers getting cut back—equalization that is not only justified, but necessary, especially for the development of Quebec?

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I would like to thank my colleague from Louis-Hébert for his question. This illustrates what Canadian federalism is really all about. The federal government will make a transfer for a specific program as long as it feels it will enhance its visibility.

Take social housing, for example. The federal government implemented a program. The provinces, Quebec in particular, took advantage of it to respond to social housing needs. All of a sudden, in the mid-1990s, funding was slashed and Quebec was left to pick up the pieces. That is always the danger. Even worse, all of the programs in the past few years have been based on population—

[The Deputy Speaker, Andrew Scheer]

Resuming debate, the hon. member for Nanaimo—Cowichan.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I am pleased to rise today to speak to the amendments that have been proposed for the budget implementation act. I am going to be dealing specifically with clause 362, which has to do with the student loan amendments, and clause 394, which has to do with pay equity.

With regard to student loans, I want to talk specifically about the requirements for additional documentation. This section of the bill deals with the fact that anybody who receives Canada student loans will be required to provide additional documents to the minister upon request. It creates a host of new penalities for false statements or omissions and also appears to permit the minister to retroactively punish students for making a false statement or omission in their application for Canada student loans.

In this day and age, we want to make post-secondary education as accessible as possible to students. We know that in times of economic downturn, it is very important for people to be able to upgrade their skills and education, so that when the economy turns around they have an opportunity to take advantage of the economy as it moves up.

This clause is particularly troubling because it is going to put additional barriers in front of getting education. Currently, the Department of Indian and Northern Affairs is conducting a post-secondary education review. It is reviewing a program called PSSSP, the post-secondary student support program. One of the options being floated is that some first nations students will be channelled into applying for Canada student loans.

We already know that when it comes to post-secondary education, first nations students have less access, more barriers, and a lower graduation rate. Yet, we also know that in many provinces the first nations and Métis are a significant part of the student population. It is of concern that we are revamping a program that will affect students broadly in terms of access with the potential to impact first nations students more directly.

At a February 23 gathering of the Council of Ministers of Education, Canada, National Chief Phil Fontaine spoke about the importance of education. He was speaking about kindergarten to grade 12, but I think this also applies to post-secondary. He talked about the fact that the cost of doing nothing is astronomical. He went on to say:

I recently read an editorial in the Star Phoenix which projected that the First Nation and Métis population in Saskatchewan could account for approximately 23% of the labor force by 2016. The implications of this are huge, and not just here but across the country. Nationally, more than 600,000 Aboriginal youth will be entering the labour market by 2026, with the potential to make a major contribution to the Canadian economy estimated at $71 billion. The social and economic costs will be financially crippling to the provincial and federal governments if we don’t make the right decisions today.

I would argue that there is a serious omission in a budget implementation that does not consider the impacts on both Canadian students and first nations, Métis and Inuit students.

Many people have talked eloquently in the House about pay equity. It is actually called the Public Sector Equitable Compensation Act. Since 2006, we have seen a continuous erosion of women's equality in this country, whether it is the removal of the court challenges program, the removal of the word equality from the Status of Women website, or the underfunding of women's organizations that can provide a perspective that is lacking in the House. Only 20% of the members of the House are women. It is very important to fund those women's organizations to make sure that that representation in economic and social policy is heard by the government when it is developing legislation. In the budget implementation act and the budget itself, we saw the virtual absence of women.

I want to touch briefly on first nations. The Québec Native Women's Association issued a press release when it examined what was in the budget. It talked about the fact that the investment plans in infrastructure and industries tend to benefit the sectors of activities that are predominantly comprised of a male workforce. The double discrimination faced by aboriginal women has already led to a feminization of poverty and the economic struggle will no doubt exacerbate their marginalization. The press release goes on to talk about the fact that the United Nations has provided numerous recommendations on key areas of concerns in regard to its human rights obligations. Sadly these recommendations were blatantly ignored by this present budget.

The Native Women's Association of Canada talked about the need to have aboriginal women specifically mentioned as part of the stimulus plan. Instead, we heard only a general comment about aboriginal issues such as social housing on reserves, aboriginal skills and training, child and family services. It went on to talk about the fact that women are not specifically mentioned. When we know that there are no programs, services and infrastructure specifically geared toward women and women's issues, they simply get left off the table.

I bring this up in the context of pay equity because one of the comments made in the House was that we need to ensure that families in this country have access to reasonable compensation. The former pay equity task force from 2004 which did hundreds of hours of consultation from coast to coast to coast, talked to business, trade unions, individual stakeholders and came out with a very substantial set of recommendations which have been ignored since 2004. So it is not just the current government that ignored it, it was ignored in the past as well. That pay equity task force would have put in place some very real measures to tackle equal pay for work of equal value, and let us be clear, that is what we are talking about. We are talking about equal pay for work of equal value, and that gets lost in the noise and the rhetoric in the House.

The current piece of legislation effectively rolls back the clock. We know that women in Canada, on average, make somewhere around seventy-some odd cents to the dollar for every dollar that a man makes. What we really needed was some teeth around the pay equity legislation. Furthermore, it should never have been included in a budget implementation bill. It should have been a stand-alone piece of legislation, so that the Status of Women committee would have had the opportunity to call witnesses, to fully examine the piece of legislation to make sure that it reflected what was in the pay equity task force.

Instead, we have an attempt to bury a piece of legislation in an omnibus bill without adequate oversight. That applies to any number of other aspects that are buried in the bill including navigable waters.

I want to quote from a couple of press releases. The Public Service Alliance of Canada issued a press release on February 23 that said:

PSAC slams Budget Implementation Act for undermining collective bargaining and threatening women's right to pay equity.

It went on to say:

The Public Sector Equitable Compensation Act would make it virtually impossible for women in the federal public sector to be paid equal pay for work of equal value. It uses pay equity as a bargaining chip during negotiations where the employer historically holds the balance of power. It bars unions from supporting members who want to make pay equity claims. Bill C-10 would do nothing to narrow the income gap between women and men in the federal public service.

In a detailed briefing note, prepared by the women's and human rights officer at the Public Service Alliance Canada, entitled “The end of pay equity for women in the federal public service”, it talks about restricting access. I am going to read a couple of sections. It says:

The Public Sector Equitable Compensation Act will restrict the substance and the application of pay equity in the public sector. This bill would remove the right of public sector workers to file complaints for pay equity with the Canadian Human Rights Commission. The bill would make it more difficult to claim pay equity, by redefining the notion of “female predominant” job group to require that women make up 70% of workers in the position. It also redefines the criteria used to evaluate whether jobs are of “equal” value.

It goes on to talk about the $50,000 fine on any union that would encourage or assist its members in filing a pay equity complaint and it talks about the fact that pay equity is a fundamental human right that has been protected by the Canadian Human Rights Act since 1977.

We know this is a signature attempt by the government to continue to undermine women's equality in this country. It is rolling back the clock on women's rights and it signals the government's overall approach to women's issues. I would urge members of the House to support the amendment to strip this out of the budget implementation bill and put it back where it rightly belongs, in front of the Status of Women committee, so it can have some fulsome discussion on this and appropriate oversight.

[Paul Crête, Bloc, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, we are at the report stage for the budget implementation bill. In the group of proposed amendments today, there are two types of amendments that do not belong in the budget bill. In terms of equalization, the federal government has tabled an economic stimulus budget that, with one hand, is taking from Quebec what it is giving with the other.

The equalization system, as Canada has developed it, is financed entirely by the federal government with the help of taxes paid by Canadians and Quebeckers. It is based on a fundamental commitment to equality, so that citizens have access to public services at reasonably comparable levels of taxation. In other words, the formula that has been determined over the years aims to measure a province's fiscal ability to offer public services. But it does not take into account the various factors that could influence the volume or cost of public services in a province, with the exception of its size and population.

In this case, the decision was made to unilaterally change the procedure. Quebec ends up with a shortfall of some $1 billion, while Quebec, like the other provinces in Canada, is coping with major problems, reduced consumer spending, and a need to jump-start the economy. On the one hand we are told that money will be invested, in infrastructure for example, in order to stimulate consumption, while on the other they are taking away the leeway Quebec was counting on in order to be able to have access to it. Moreover, the Quebec finance minister wrote a letter objecting to this and calling upon the federal government to reconsider its assessment of the situation and to put on the table what was really important. To that end, the Bloc Québécois has introduced some motions to get that part of the bill deleted.

The fact is that the Conservatives can count on Liberal support. This coalition of the blue and the red is a bit like Tweedle Dum and Tweedle Dee. No matter which one is in power, we have the same centralizing federal government steamroller. This is particularly the case for this matter of the cuts to equalization, which will hurt Quebec a great deal.

Another important aspect concerns the whole issue of pay equity. In this block of amendments, there are also ones aimed at restoring the important status of pay equity. We are, moreover, amazed to find measures like this in a bill to implement the budget. We have seen this sort of model in the U.S. Congress, particularly under the Republicans, when they were adding amendments onto omnibus bills with undesirable results.

The Bloc Québécois is, of course, in favour of pay equity and considers it a non-negotiable right. In order to ensure that pay equity exists for all Quebec and Canadian working women, proactive federal legislation is necessary that will cover all women in areas under federal jurisdiction.

In the present bill, rather than give each worker equal rights, an additional category of women is created who are not covered by the same conditions. One protection is given to women in the public sector, and another to those not covered by this bill. This strikes us as unfair to the women affected by this bill.

The Bloc Québécois opposes the part that makes pay equity a negotiable right within a collective agreement. The Bloc would rather see the creation of sectoral committees on pay equity, as has been done in Quebec. We take exception to the fact that this bill creates a third category of workers in Quebec. As I was saying earlier, one category falls under Quebec pay equity legislation, another falls under federal legislation on equitable compensation and the remaining category is in the federally regulated private sector and certain crown corporations and has an ineffective complaint system.

Thus, there are three different categories of citizens in this pay equity legislation. Something does not make sense here. The federal government should not have ventured into this territory. It has put forward measures that will create more inequities, rather than solve any problems.

We believe that the gaps, omissions and false premises, including the notion of a market economy in this bill, make it unacceptable and out of sync with Quebec's values.

If the Conservative government believes that equitable compensation is necessary in the government, why would that not also be the case for private businesses under federal jurisdiction, unless it believes that this principle is too costly and harmful to private enterprise?

Equity is established not based on the rights of the workers in question, but rather based on the interests of the employers who hire them. This is a very unacceptable practice and I believe the Conservatives should have reversed their position. That is why we, particularly as members of the Bloc Québécois, have strongly held beliefs on the issue of pay equity in Quebec, a practice that has not been sufficiently developed. We would like to see the Conservative government reverse its stance on this issue. Otherwise, it will have the public to answer to.

Part ll of the bill deals with equitable compensation and enacts the Public Sector Equitable Compensation Act. The term pay equity never appears in the bill. It speaks instead about equitable compensation, without ever defining it. This terminological fuzziness could well present problems when it comes to legal interpretations and we may find ourselves facing one of the obstacles that the Conservatives claimed to eliminate, that is to say, endless battles before the courts which will ensure that female workers never get justice.

The bill applies strictly to employers in the public sector: Treasury Board, the RCMP and certain agencies and crown corporations. Companies under federal jurisdiction are not covered, nor are certain other crown corporations, for example Canada Post and the CBC. They are therefore creating a great muddle that ultimately will do nothing to improve the situation.

The government could have forged ahead in this budget with steps that would have really helped Quebec’s economy, especially forestry and manufacturing. We see once again today how much these sectors need help but have been abandoned by the government. We need action, loan guarantees, and some original thinking. The Bloc Québécois suggested some measures last fall. It was also the only opposition party to come up with some specific suggestions.

In addition to the things that are missing from this stimulus budget but are so important to Quebec that the Bloc Québécois must oppose the bill, the government has included various measures that are not really related to the budget and, most importantly, should not be changed in any case in the way they want to right now if we want to be fair toward the provinces and if we say they have the funding they need to jump-start their economies.

When the Finance Minister boasts of having invested billions of dollars in infrastructure to boost the economy while at the same time he cuts Quebec’s equalization payments, he creates a situation in which Quebec will not have the funds it needs to activate the tripartite programs requiring federal, provincial and municipal participation. If Quebec had been left some leeway with its equalization payments, there would have been a lot more positive effects on the economy and we would really have had a stimulus package to counter the economic downturn.

In that regard, the Conservative government has not been able to kick its old laissez-faire habit. Even when told that a change in approach is needed to deal with the situation, we see several typical Conservative behaviours. One of them is to penalize Quebec by cutting equalization payments. This has draconian consequences for the Government of Quebec, which will have particular difficulty preparing its budget.

I am being signalled that I have only one minute left. We also realize that this approach is one of main factors that has led an increasing number of Quebeckers to consider that if they controlled all their taxes—an important aspect of sovereignty—they could make decisions as an adult nation. They would not be required to conduct such debates or to depend on a government that, from one year to the next, changes the funding provided by equalization. In my opinion, both Canadians and Quebeckers would be much happier with that sort of arrangement.

While waiting for the time when the Quebec people decide to pursue the sovereignist project, the Bloc Québécois is here to defend the interests of Quebec. We are doing so again with the proposed amendments to the bill and by the Bloc Québécois' position, which is unlike that of the Liberals who have chosen to be associated with a Conservative budget that is harmful to Quebec. We have clearly defended the positions of Quebec and we will continue to do so.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, I have a question for my colleague.

He raised the subject of pay equity. I would like to point out that, today, women earn some 70.5¢ for every dollar men earn. The figure is 64¢, for women of colour and 46¢ for aboriginal women.

I would like my colleague's opinion on the Conservative government's attack on pay equity in the budget. How does he see it stimulating the economy? I do not see it doing so. I would also like his opinion on the fact that our women colleagues in the Liberal party, who in the past defended the rights of women, are now supporting this budget.

[Paul Crête, Bloc, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, pay equity is a right. It is not a measure to revive the economy. It is a woman's right, a right that the government should respect and put in practice through appropriate measures.

This budget sets up a three tier system, according to the type of employer a female employee works for. It is hard to see how this sort of arrangement will improve the situation of women. In the end, there will be no economic impact, obviously, because recovery will take a long time. There will still be important court challenges. Pay equity must not be made dependent on its effect on the economy. It must be seen as the right to equal pay for work of equal value. All women are entitled to the same wage as men when they do work requiring similar skills, effort and responsibility, in similar working conditions. To link this recognition to employer type, to create different categories according to the place of work—the public, private or para public sectors—is not the road to the future. A forward step must be taken with a pay equity measure that would translate to full equality and that would enable a woman to earn an equal salary for equal and similar work.

So, in the budget, the government should have set this approach aside and instead include a real plan for economic recovery.

[Guy André, Bloc, Berthier—Maskinongé, QC]

Mr. Speaker, I would like to congratulate my colleague on his excellent speech. I have a question for him.

Of course, question pay equity for women and give them certain rights publicly, but ensure that, privately, they have no rights, that is more or less the Conservative party style. It has already attacked the status of women and the court challenges programs. So, this is in much the same style. I would like to hear what my colleague has to say on this.

There is also the fact that the government cut equalization payments. It has failed to support our industries in the manufacturing sector and, furthermore, continues to allow tax havens to the tune of $80 billion. I would like my colleague's comments in this regard.

[Paul Crête, Bloc, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, on the issue of pay equity, what is ridiculous about this bill is that it creates one group of women who will be subject to the federal equitable compensation legislation and another group, employees of certain crown corporations, who will have to use the ineffective complaint system in the federally regulated private sector. Under the guise of creating more equity, the government is creating more inequity. The answer is there in the wording of the bill.

As for the whole issue of equalization, Quebec wants no more of this mechanism that, year after year, gives it unpredictable payments. It is like a sword of Damocles the federal government is dangling above Quebec's head. This time, it has major consequences. The cuts will be in the order of $1 billion, and when the effectiveness of the overall federal budget measures is assessed, it will come to light that the provinces, and especially Quebec, have not been able to spend the necessary money, because they will have had to make up for the decrease in equalization funding.

[The Deputy Speaker, Andrew Scheer]

Resuming debate. Seeing no other speakers, pursuant to an order made earlier today, all questions necessary to dispose of Motions Nos. 32, 43 and 53 are deemed put and a recorded division deemed requested and deferred.

The recorded division on Motion No. 32 will also apply to Motions Nos. 33 to 42.

The recorded division on Motion No. 43 will also apply to Motions Nos. 44 to 52.

The recorded division on Motion No. 53 will also apply to Motions Nos. 54 to 65.

Pursuant to an order made earlier today, the recorded divisions stand deferred until later today at 3 p.m.

The House resumed consideration of Bill C-10, An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures, as reported (without amendment) from the committee.

[The Speaker, Peter Milliken]

Pursuant to order made earlier today the House will now proceed to the taking of the deferred recorded divisions on the motions at report stage of Bill C-10. The question is on Motion No. 1.