Bill C-288 (Historical)

An Act to amend the Income Tax Act (tax credit for new graduates working in designated regions)

This enactment amends the Income Tax Act to give every new graduate who settles in a designated region a tax credit equal to the lesser of
(a) 40% of the individual's salary or wages,
(b) $3,000, and
(c) the amount by which $8,000 exceeds all amounts paid for a preceding taxation year.
The purpose of this measure is to encourage new graduates to settle in designated regions, thereby curbing the exodus of young people from those regions and promoting their economic development.

Income Tax Act

[Robert Bouchard, Bloc, Chicoutimi—Le Fjord, QC]

Mr. Speaker, Bill C-288, which was introduced by my colleague from Laurentides—Labelle and introduces a tax credit for new graduates working in regions facing economic challenges, has been before the Senate for almost nine months. However, the bill is being completely blocked and its study is constantly being postponed because of pressure from the Conservative government, which opposes Bill C-288.

Students from the FEUQ and the FECQ are on the Hill today to condemn this situation. At a press scrum over the noon hour, they condemned the attitude of the Prime Minister, who is playing party politics and going against the democratic will of the members of this House who want the Senate to examine Bill C-288.

The Prime Minister is trying to dictate each and every issue that the Senate examines, and this only emphasizes its partisanship, even though he himself promised to put an end to it. Is there a single Conservative member from Quebec who will have the courage to stand up and condemn this situation?

Opposition Motion--Representation in Parliament

[Christiane Gagnon, Bloc, Québec, QC]

Mr. Speaker, I rise today as the Bloc Québécois critic for democratic reform to speak to the motion moved by the member for Hamilton Centre. The NDP member's motion contains many elements, including the holding of a referendum on the question of amending the Referendum Act in order to abolish the existing Senate and to appoint a special committee for democratic improvement made up of 12 members. The motion also defines how the special committee would operate. Today I would like to focus on point (a), which is the most important and which reads as follows:

the House recognize the undemocratic nature of the current form of representation in the Parliament of Canada, specifically the unnecessary Senate and a House of Commons that does not accurately reflect the political preferences of Canadians;

I would like to examine this point from two angles: the undemocratic nature of the current form of representation in Parliament, specifically the House of Commons, and the unnecessary nature of the Senate. In that regard, we quite agree with the NDP.

Bills on democratic reform have been coming up over and over again for the past few sessions. This time around, we have Bill C-12, which aims to change the formula for calculating the number of members per province to increase the total number of members to 338. The distribution of new seats would be as follows: five more for Alberta, seven for British Columbia and 18 for Ontario. That would give us a total of 338 members, compared to the 308 we have now. This bill, if passed, would have a direct impact on Quebec's weight in the House of Commons, which would drop from 24.3% to 22.19%. Quebec would be even more marginalized compared to its current weight in the House.

It is of the utmost importance to maintain Quebec's weight in the House because Quebec is the only majority francophone state in North America and because Quebeckers are a unique linguistic minority on this continent. Louis Massicotte, a political scientist at Laval University, published an article on federal electoral redistribution entitled “Quelle place pour le Québec? Étude sur la redistribution électorale fédérale”. It is also more important than ever to protect our language and our culture when negotiating free trade agreements. We are talking about the cradle of the Quebec nation, which this House recognized in November of 2006, although, in practice, this means nothing to the Conservative government.

Make no mistake. If the government is insisting on increasing the weight of these particular provinces, it is because they are its stronghold or because it hopes to make political gains there. By going forward with this democratic reform, the Conservative government is claiming that it wants to respect democracy. However, the Conservatives are not fooling anyone. They are masters of flouting democracy. For example, they prorogued Parliament to avoid votes. They failed to follow the House's orders to submit documents, in particular, documents on the transfer of Afghan prisoners. They refused to appear before parliamentary committees. They recommended that unelected senators vote against bills that were passed by a majority of votes in the House, thus going against the will of the people. In 2008, they also failed to abide by their own legislation on fixed election dates.

The government is blatantly misleading the House and the public, as in the case involving the Minister of International Cooperation. I could go on but there are other points I would like to make.

Any recommendation in the House made by a special committee should not only take into account the current demographic weight of Quebec in the House of Commons, but it should also ensure that this weight is maintained because under no circumstance should Quebec's weight be any less than it currently is in the House.

In its current form, the Senate is unnecessary. It is a vehicle for partisan politics. Ever since the minority Conservative government came to power, it has been using this vehicle to introduce bills that the House of Commons opposes, in order to go against the will of the House of Commons. I cited a few examples, but there are many more.

Going against the will of the elected members of the House of Commons is completely anti-democratic in that this opposition comes from people whose legitimacy comes from a partisan appointment, unlike the legitimacy of the members of Parliament, which comes from the people.

We do not have to look too far back to find an example. Just consider Bill C-311. Bill C-311, An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change, was supported by the Bloc Québécois and the majority of the legitimately elected members of the House of Commons. The bill imposed binding greenhouse gas reduction targets to ensure that Canada respects the IPCC recommendation and the requirement to submit a significant action plan every five years. The Prime Minister allowed the Senate to deny the will of the Parliament of Quebeckers and Canadians by allowing Conservative senators to defeat Bill C-311 without even studying it.

Yet, during the last election campaign, the Prime Minister declared that an unelected chamber should not block bills from an elected one. He then did an about-face and is now making use of the Conservative senators. He made sure that he appointed the majority of senators to the Senate to ensure that they would block bills or motions that Parliament had adopted and sent to the Senate and that they would introduce bills before members of Parliament even had a chance to speak to them.

When the seats of Liberal senators opened up, the Prime Minister made sure to appoint loyal Conservatives. By allowing their senators to vote against Bill C-311 without even studying it, the Conservatives created a precedent, a first since 1930, and showed a flagrant lack of respect for our democratic institutions.

The Conservative senators also managed to block certain bills passed by the House and sent to the Senate to be studied. Take, for example, Bill C-288, regarding the tax credit for new graduates working in designated regions, introduced by my colleague from Laurentides—Labelle, or Bill C-232, An Act to amend the Supreme Court Act (understanding the official languages), which would require Supreme Court judges to be bilingual. The Prime Minister could be confident that the senators would vote against these bills. In both cases, the Senate blocked the bills. On May 5, Bill C-288 received the support of a majority of MPs in the House of Commons. For the second time in less than three years, it was sent to the Senate. Since then, it has only been debated twice. Bill C-288 would help thousands of young people who want to study and remain in the regions, some of which are struggling economically.

With Bill C-232, the Conservatives were trying to buy some time. They kept delaying study of the bill until they had a majority in the Senate. The Conservative government is taking advantage of the fact that it controls the Senate in order to dictate its agenda. It is one thing for the Conservative government to oppose a measure, but to recommend that the Senate prevent debate on these two bills is unacceptable.

This shows the Conservative government's contempt for the will of the democratically elected parliamentarians. I should point out that the Liberals were no better and also used some schemes to delay passage of bills. Nonetheless, they never went as far as the Conservatives are going. In 2006, by the way, the Conservatives campaigned on reforming the Senate and making it more legitimate. That was one of the Prime Minister's promises.

That is why this Conservative government introduced a bill to reform Senate terms and limit them to eight years. That bill does nothing to reform this outdated, archaic institution where appointments are strictly partisan. That bill does nothing to remedy the nature of the Senate. The Prime Minister has transformed it into “a permanent office for his organizers, a waiting room for his Montreal candidates, and an absolute circus by the use of his surprising appointments, to describe them politely”, according to Vincent Marissal from La Presse.

The democratic deficit in the Senate and its extraordinarily partisan nature derive from the choices made by the Fathers of Confederation in 1867. From an academic standpoint, the upper house or senate in a federal system must represent the federated entities alongside a lower chamber, in our case, the House of Commons.

According to Réjean Pelletier, a political scientist and a professor in the political science department at Laval University, it is clear that this is not the case in the Canadian Parliament. In 1867, the Fathers of Confederation could have chosen the American model, where senators are elected by state legislatures and all states have equal weight, with the ability to elect two senators for a six-year term.

Instead, the Fathers of Confederation copied the British House of Lords and thus made the Senate a chamber that reviews legislation passed by the House of Commons. So the Senate is a chamber of sober second thought that moderates the overly democratic ways of the lower house, which is subject to pressure and emotional pleas from the public. But it no longer plays that role. What is more, senators were supposed to be appointed by the crown.

The idea of representing and defending the interests of federated entities did not come up in the discussions prior to the signing of the British North America Act. And from that stems our objection to the Senate, with its lack of legitimacy and representation.

Given that the Senate has become a partisan tool for the ruling Conservative Party and that it lacks both legitimacy and representation, it is not surprising that the public is angry about senators' spending.

According to an article by Stéphanie Marin in the January 27, 2011 edition of La Tribune, it would cost $90 million a year to keep the Senate in place. I do not remember the exact number, but I believe that 60% or 70% of Quebeckers supported abolishing the Senate.

We also learned in January that some senators are incurring excessive if not extravagant expenses. Conservative senators have not stopped sending mail-outs despite the fact that, in the spring of 2010, the House of Commons prohibited members from sending these types of mail-outs outside their ridings and specified that the Senate should follow suit.

It is important to note that the total printing budget for the Senate increased from $280,500 to $734,183 in 2008-09. Last month, the senators gave themselves the right to use taxpayers' dollars to continue to send mail-outs in which they can attack members.

To remedy the representation and legitimacy deficits and truly reform the Senate—to create a Senate where senators are actual representatives of Quebec and the provinces who are appointed or elected by legitimate authorities in Quebec, such as Quebec's National Assembly, and in the provinces and where there is equal representation for Quebec and the provinces resulting in a truly effective and non-partisan upper house as they have in other countries—we would have to proceed with a constitutional reform that would require agreement from seven provinces representing at least 50% of the population. We know that this would be practically impossible because we would have to reopen the Constitution.

The Bloc Québécois does not oppose this motion given that the Senate, in its current state, is unnecessary and that the current method of democratic representation has many shortcomings, such as the ones I have already mentioned. However, the Bloc's support for this motion is conditional upon the inclusion of two basic elements. First, Quebec's political weight must not be reduced at all as a result of any democratic reform. Second, under Quebec's referendum legislation, a referendum must be held in Quebec on the abolition of the Senate.

I would like to make two amendments to the NDP's motion. I move, seconded by the member for Vaudreuil-Soulanges:

That the motion be amended:

(a) by adding after the words “the next general election,” the following:

“with the understanding that, in Quebec, such a referendum will be subject to Quebec law, in accordance with the current Referendum Act and as established as a precedent by the 1992 Referendum on the Charlottetown Accord,”;

(b) by adding after the words “recommendations to the House” the following:

“that in no way reduce the current weight of the Quebec nation in the House of Commons”. .

Regional Development

[Claude Guimond, Bloc, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, the Quebec Conservatives never miss an opportunity to let Quebec and all its regions down.

They are the ones who centralized the Canada Economic Development offices to downtown Montreal thereby depriving the regions of significant economic spinoffs. They are the ones who refused to support Bill C-288 so that our young graduates could return to the regions and actively contribute to their social and economic development. They are the ones who are still refusing to provide the forestry industry and its workers with any meaningful assistance to weather the crisis. They are the ones who voted against an employment insurance reform that would have allowed our seasonal workers and others to make a decent living year round. I could go on.

Unlike the Quebec Conservatives, the Bloc Québécois is acting in the interests of Quebec and all its regions, without distinction.

Bill C-288

[Johanne Deschamps, Bloc, Laurentides—Labelle, QC]

Mr. Speaker, on May 5, 2010, Bill C-288, to give new graduates a tax credit was passed by a majority of the members of the House of Commons. For the second time in less than three years, it has reached the Senate.

However, it has been debated only twice since it got there. Bill C-288 would help thousands of young students who want to study and stay in the regions, some of which are experiencing economic difficulties.

The Conservative government is taking advantage of the fact that it controls the Senate in order to control its work. For the Conservative government to oppose such a measure is one thing, but recommending that the Senate block debate on Bill C-288 is unacceptable.

The Conservative government must drop its contemptuous attitude toward the will of democratically elected parliamentarians and immediately authorize debate on Bill C-288 in the Senate.

Sitting Resumed

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, I will add another example to the ones already given by my colleague.

I come from an area called Abitibi-Témiscamingue. Four days ago, the House passed Bill C-288 to grant a tax credit to young people who return to their region after training or graduating outside their region. My colleagues from Chicoutimi—Le Fjord and Laurentides—Labelle were spokespersons on that bill. The fact of the matter is that every Conservative member from a Quebec region voted against the bill.

That is worse than learning that they root for the Vancouver Canucks. If only the Minister of Canadian Heritage and Official Languages visited our regions more often, he would easily understand that there are different regional bodies that have needs. One of those needs is for our young people to come back to our regions. He should stop cancelling initiatives in our regions and giving them to major centres like Vancouver and Toronto. Let us keep them; we need them. That is how we will bring back our young people and develop our regions. It find it unacceptable for members of Parliament from Quebec to vote against this kind of motion.

Tax Credit for New Graduates Working in Designated Regions

[Johanne Deschamps, Bloc, Laurentides—Labelle, QC]

Mr. Speaker, this evening we will vote at third reading on Bill C-288, which gives new graduates up to $8,000 in tax credits if they accept jobs in designated regions experiencing economic difficulty.

The Conservative members have shamelessly voted against this bill ever since it was introduced in the House of Commons.

Youth and student groups, municipalities and RCMs all agree that this kind of incentive is important because it will enhance the economic vitality of designated regions in Quebec and Canada.

Just last week, business people in the riding of Roberval—Lac-Saint-Jean complained about how hard it is to recruit specialized workers for their companies. This difficulty is proof that we need incentives like a tax credit to bring our young people back to the regions.

Taxation

[Jim Flaherty, Conservative, Minister of Finance]

Mr. Speaker, let us be clear. Bill C-288 would grant a temporary special tax subsidy for new graduates taking employment in so-called depressed regions. How are they defined in the bill? They are so poorly defined in the bill that Fort McMurray would qualify as a depressed region according to Bill C-288.

I know the Bloc leader has personal investments that he is fond of in the oil sands, but this is going too far, subsidizing Fort McMurray through a private member's bill.

[Bruce Stanton, Conservative, Simcoe North, ON]

Mr. Speaker, while our Conservative government is working to create jobs for Canadians, the opposition is finding ways to hike taxes and do more reckless spending. For example, the Bloc, supported by the Liberals and NDP, are pushing Bill C-288 that, according to the PBO, would cost over $.5 billion a year. The bill is set for third and final reading and cannot be amended.

Could the Minister of Finance please inform the House of some of the other problems with this bill?

Opposition Motion—The Environment

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am very happy to speak today to the Liberal opposition motion on climate change. In the next 20 minutes I will try to show that, as we look ahead to the climate change conference in Cancún eight months from now, we must take real action to deal with the climate change crisis we are going through.

I do not know whether it is a coincidence or not, but it is a bit paradoxical that the Liberal opposition motion comes just a few hours before an important vote on NDP Bill C-311. It is as if the Liberal Party were trying to show that a parliamentary motion was the best response to a legislative initiative. There is nothing stronger legislatively than a bill, whether it comes from the government or from a private member.

The Liberal Party showed leadership on this issue in the past. I remember when the Liberals introduced Bill C-288, which was sponsored by the member for Honoré-Mercier. The purpose of this bill was to implement the Kyoto protocol. At the time, the Liberal Party understood that it took a bill to ensure that international climate change agreements, and the Kyoto protocol in particular, had some regulatory teeth. This is what the NDP has understood in recent years, and a parliamentary motion is no substitute for a private member's bill.

That is why, in a few hours, we will support Bill C-311, just as we supported Bill C-288 introduced by the Liberal member for Honoré-Mercier.

We think the Liberal Party motion, which I would describe as epic in length, is commendable. In the 13 years I have been sitting in Parliament, I have rarely seen such a long motion. I have read it and re-read it. There are no less than 10 points in this motion. The position of this Parliament could very well have been summed up in just three or four points, as the Bloc Québécois did on the eve of the Copenhagen climate change conference.

What did the Bloc Québécois say a few weeks before the Copenhagen climate change conference? The Bloc limited its opposition motion to three points. First, Canada must commit to doing everything in its power to limit the rise in global temperatures to less than 2^oC higher than in the pre-industrial period. Second, it must reduce its greenhouse gas emissions to 25% lower than 1990 levels by 2020. Third, it must commit to giving developing countries the technological and financial means to adapt to climate change.

The motion could have stopped there, but no, here we have a 10 point motion, which we support, of course. Nevertheless, the motion could have been clearer.

Let us look at the first point. The Liberal Party wants the government to:

...use the legislative, regulatory and fiscal authorities already available to the Government of Canada to put in place immediately a national climate change plan that implements economy-wide regulations on greenhouse gas emissions, and invests in renewable energy, clean technology and energy efficiency in order for Canada to compete in the new green economy;

How could we be against this first point of the motion? We are somewhat surprised that today, in 2010, the Liberal Party is proposing regulation. I remember what the Liberal Party was proposing in 1997-98. I was here in the House at the time. It was not proposing a regulatory approach to fight climate change. It was proposing a voluntary approach.

It proposed sector-by-sector negotiations of greenhouse gas reduction agreements that would not have the force of law. This was done in the pulp and paper sector and the steel industry. However, it became evident that the voluntary approach put forward by the Chrétien government made it impossible to respect our international commitments on greenhouse gas reductions. Today, the Liberal Party realizes that the voluntary approach proposed by the Liberal government at that time has not achieved its objectives and that a regulatory approach is needed.

We have before us a Conservative government that does have a regulatory framework for fighting climate change. However, after all these years, we are still waiting for greenhouse gas reduction regulations. We have not found an approach that could have resulted in substantial reductions of greenhouse gas emissions. The government has two means at its disposal: the regulatory approach and implementation of a greener tax system, which would reduce greenhouse gas emissions and provide tax incentives to environmental industries that contribute to those reductions. I will come back to that later.

However, we only have a regulatory framework before us, one without targets and without greenhouse gas emission regulations. We support the climate change regulations. However, we do not want to adopt the sectoral approach proposed by the federal government, which consists of putting all Canadian industrial sectors on an equal footing, especially the major industrial emitters.

In Quebec, we figure that we have been taking responsibility since the beginning of the 1990s. Manitoba was one of the first provinces to implement a plan to fight climate change. These plans have produced concrete results: in 2007, we saw a 23.6% reduction in greenhouse gases in the industrial and manufacturing sectors, compared to the 1990 levels.

Now, all the federal parties seem to be proposing putting the Quebec manufacturing sector, which has cut its greenhouse gas emissions, on an equal footing with the other major industrial emitters. I am referring, of course, to Canada's oil and gas industry. This is unacceptable, because this approach favours the polluter-paid principle, instead of the polluter-pay principle.

We are saying yes to regulations, but as my colleagues said earlier, we must use the triptych approach that was developed at a university in Austria, which puts responsibility on the provinces. Canada can obviously negotiate greenhouse gas reductions on the international scene, as Europe did with an 8% reduction as part of the Kyoto protocol. But let the provinces achieve their targets in their own way, in their own jurisdictions. We must remember that under the Constitution, natural resources are a provincial jurisdiction.

The government has been proposing this asymmetrical approach for so many years within the Canadian federation. Yes to a Canada-wide target for reducing greenhouse gases, but let us keep our provincial reduction targets.

The Liberal Party's second point is that the government should “stop putting Canada’s environmental and economic future at risk by insisting that Canada must wait for the United States to act first before showing our own leadership on this most vital issue.” Over the past few years we have seen the central federal government's complacency and lack of leadership when it comes to climate change. This is why the provinces decided to negotiate agreements with American states as part of climate groups.

This demonstrates that nations, that the Quebec nation, can negotiate with American states and move the climate issue forward more quickly than the federal government has been able to do over the past few years.

The best example is most likely that of automobile regulations. For years Ottawa refused to implement automobile manufacturing standards similar to those in California. Quebec decided to harmonize its standards with those in California. It was successful in pressuring central governments to adopt more acceptable federal environmental standards.

This shows that Quebec is better than the federal government at influencing the fight against climate change on a continental scale.

The third point of the motion talks about setting “a domestic legally-binding long-term greenhouse gas reduction target of 80 percent below 1990 levels by 2050”. This is probably the weakest aspect of the motion, which is unfortunate. We would have expected more from the Liberal Party.

We can set long term targets, but we also need to set short and medium term targets. Where are the greenhouse gas reduction targets for 2020? For the past few years scientists have been saying that if we want to limit temperature increases to two degrees Celsius, industrialized countries must reduce their greenhouse gas emissions by 25% below the 1990 level by 2020, and not by 2050.

With this motion and this government we will be putting off dealing with these problems. They refuse to tackle climate change in the short and medium term and are deferring efforts until 2050. We cannot accept this, especially at a time when industrialized countries are meeting in Canada for the G20. We must send a clear message: in eight months in Cancún, we will be ready to make short and medium term commitments.

Unfortunately, this motion gives no indication of any short and medium term efforts. It talks about long term efforts, which are commendable and which we do not oppose. However, this is an urgent problem that requires short and medium term targets.

The fourth point of the motion has to do with reporting “to Parliament annually on its policies and proposals to achieve the trajectory toward the 80 percent target and revise as necessary”. I think these aspects were taken from Bill C-288, at the time introduced by the Liberal Party. The purpose is probably to allow the environment commissioner to play a greater role. Parliament must focus on achieving these targets. We completely agree with this proposal.

The motion goes on to talk about establishing “a non-partisan expert group approved by Parliament to set a science-based emissions trajectory to reach that 80 percent reduction target”. Clearly, we must ensure that any targets we set are not subject to the vagaries of political change in Ottawa. Science has to resume a leading role in helping elected officials make good decisions.

The budget for the Canadian Foundation for Climate and Atmospheric Sciences was cut. The government is trying to muzzle Environment Canada scientists by giving them a communications guide and telling them that their research, reports and documents have to be relevant to the government's goals and policies. That is nonsensical. A healthy government should ensure that scientists have complete independence to do their scientific work.

That is why we need an independent group of scientific experts to make recommendations to parliamentarians and government free from the influence of political vagaries in Ottawa.

The sixth point calls on the government to “reverse the decision to cut the ecoENERGY program”. The first thing this government did when it came to power was initiate a program review. It directed the Treasury Board to assess the ecoenergy programs and divide them into three categories: programs to cut, programs to maintain and programs to improve.

That was terrible for the economy itself, and especially for the desire and the vision to stimulate a greener economy. The ecoauto program was eliminated. The program was not perfect. It provided tax incentives to people who purchased vehicles that consumed around 9 litres of gas per 100 kilometres. The government wanted to change the tax paradigm to give people who bought energy-efficient vehicles a refund. I strongly believe that the measure was in line with what I would call strategic environmental assessment to achieve better governance and greener taxation.

Environmental companies told us that under the wind power production incentive or WPPI, they received tax assistance of 1¢ to 1.5¢ per kilowatt hour produced using wind energy. This program was very successful and promoted wind energy. Subsequent budgets have not provided any money for the WPPI or any tax assistance for the wind industry, and Canadian companies are now telling us that they are going to leave Canada for certain U.S. states, because the American taxation system is more beneficial.

The green shift is failing. Canada does not realize the impact of the decisions it is making, at a time when all the world economies that are going through financial, climate or food crises all agree that what is needed is a green new deal. The basis for our economic recovery must be such that we can build an economy that is not in the stone age, but really turned toward the future.

That is why, in October 2008, the UN sent a clear message to industrialized countries about a green new deal. We must reinvest in renewable energy, promote energy efficiency and make our buildings greener. Sadly, the government has missed this opportunity.

I could go on at length, but I will keep my remarks to just a few minutes. This official opposition motion is clearly commendable and worthwhile. We will support this motion, but we would have liked it to go further and be more in keeping with the principles in Bill C-311 in order to deal with the climate change crisis we are going through now, eight months before the major climate change conference in Cancún.

Bill C-471--Pay Equity Task Force Recommendation Act

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I rise on a point of order regarding Bill C-471, the pay equity task force recommendations act, on the grounds that it requires a royal recommendation.

Normally, royal recommendation interventions are made before the first hour of debate, which occurred on this bill last night. However, after a request from the Liberal Party, who had an event of some importance last night, we delayed that so that we would not unduly delay the members opposite from attending their most important event.

Let me make my intervention now. Bill C-471 proposes to do two things. First, it imposes on the government a duty to implement the recommendations of the 2004 pay equity task force report that sets deadlines by which this must be done. It is noted in clause 2 of the bill that this includes establishing “all statutory oversight agencies”.

The second component of Bill C-471 is to immediately repeal the Public Sector Equitable Compensation Act, which was passed by Parliament nine months ago in March 2009. I have objections to both of these components and will address them in turn.

Turning to the first component, subclause 2(1) of the bill imposes an imperative duty on the government to “implement the recommendations of the Pay Equity Task Force set out in its final report”. I have considerable concerns with this provision. While a sponsoring member may attempt to argue that Bill C-471 is similar to the Kyoto protocol implementation act or the Kelowna accord implementation act, which you ruled in order in the last Parliament, there is significant distinction.

In your ruling on September 27, 2006, regarding Bill C-288, you stated:

In a ruling earlier this week on a similar matter, namely, C-292, An Act to implement the Kelowna Accord, the Chair made a distinction between a bill asking the House to approve certain objectives and a bill asking the House to approve the measures to achieve certain objectives. So too in the case before us, the adoption of a bill calling on the government to implement the Kyoto protocol might place an obligation on the government to take measures necessary to meet the goals set out in the protocol but the Chair cannot speculate on what those measures may be.

In the case of Bill C-471, the measures are set out in detail in the 113 recommendations of the task force report, which is referenced in this bill. The recommendation is that “Parliament enact new stand alone proactive pay equity legislation”. The other 112 recommendations describe the measures that should be included in that legislation.

As a result, this bill raises grave concerns. It places an impossible duty on the Crown of implementing the recommendations, which can only be done by passage of legislation. It seeks to bind this or a subsequent Parliament to pass this new legislation, which I submit would unconstitutionally undermine the fundamental principle of parliamentary sovereignty. It would fundamentally alter the relationship between the Crown and Parliament, and that is the heart of the financial initiative.

In your February 24, 2005, ruling, you aptly quoted:

Suffice it to say that those relations are neatly summed up in the phrase, “the government proposes, and parliament disposes”.

Bill C-471 clearly turns that relationship on its head by both proposing and disposing the measures in purposes for which public moneys should be spent. This is made even more apparent by subclause 2(2) of the bill. This provision sets the deadline by which the government must implement the task force recommendations. In particular, it states:

The Government of Canada shall ensure that all statutory oversight agencies are put in place no later than January 1, 2011.

This provision of the bill also distinguishes it from Bill C-288 and Bill C-292, considered in the last Parliament. Neither of those bills dictated the establishment of new institutions, much less as part of its expressed terms. Based on the task force report, the duty in subclause 2(2) entails the new creation of two new statutory agencies as well as a new system of adjudicators. Assuming Bill C-471 is constitutional and the government is bound by its terms, it has no choice but to establish these new bodies.

It is trite to say that such a measure would require the expenditure of new funds to a new purpose. For example, the Speaker's ruling of September 19, 2006, concluded that the creation of advisory committee requires a royal recommendation, since this clearly would require the expenditure of public funds in a manner not currently authorized. For this reason, Bill C-471 requires a royal recommendation to be in order.

The second component of Bill C-471 also clearly demonstrates that a royal recommendation is required. As mentioned at the beginning of my remarks, Bill C-471 at clause 3 repeals, in its entirety, the Public Sector Equitable Compensation Act. This repeal would take immediate effect if this bill were to be given royal assent.

The nature of this provision is completely different from anything that was in Bill C-288 and Bill C-292 from the last Parliament.

To fully understand why it has an impact on the financial initiative of the Crown, it is first necessary to understand the purpose of the PSECA. The purpose of this act, put simply, was to remove jurisdiction over public sector pay equity complaints from the Canadian Human Rights Act and to create a new statutory scheme for dealing with public sector pay equity issues proactively.

By the same token, the PSECA removed jurisdiction for dealing with public sector pay equity complaints from the Canadian Human Rights Commission and the Canadian Human Rights Tribunal. Complaints that arise out of the PSECA process are instead dealt with by the Public Service Labour Relations Board. The grounds for those complaints are defined in the PSECA.

This is underscored in the PSECA's consequential amendment to the Canadian Human Rights Act, which states:

The Commission does not have jurisdiction to deal with complaints made against an employer within the meaning of the Public Sector Equitable Compensation Act [related to the pay equity provisions of the Canadian Human Rights Act].

The effect then of clause 3 of Bill C-471 is to reverse all of that. This has two distinct impacts. First, it gives jurisdiction over public sector employers to the Canadian Human Rights Commission and Tribunal, whose jurisdiction was expressly removed in the PSECA. Second, it subjects public service employers, that is, the Crown as employer, to liability for new statutory grounds of complaint under the Canadian Human Rights Act. Both of these impacts infringe upon the financial initiative of the Crown.

In the second edition of House of Commons Procedure and Practice, O'Brien and Bosc state a fundamental principle of the royal recommendation at pages 833 to 834:

An appropriation accompanied by a royal recommendation, though it can be reduced, can neither be increased nor redirected without a new recommendation...A royal recommendation not only fixes the allowable charge, but also its objects, purposes, conditions and qualifications. For this reason, a royal recommendation is required not only in the case where money is being appropriated, but also in the case where the authorization to spend for a specific purpose is significantly altered. Without a royal recommendation, a bill that either increases the amount of an appropriation, or extends its objects, purposes, conditions and qualifications is inadmissible on the grounds that it infringes on the Crown's financial initiative.

Mr. Speaker, this principle is reflected in your ruling of February 11, 2008, in which you held that Bill C-474 required a royal recommendation because it proposed to substantially alter the mandate of the Commissioner of the Environment and Sustainable Development. The same principle applies to the bill before you today.

The object of the Public Service Equitable Compensation Act was to fundamentally change the structure, process and jurisdiction for dealing with public sector pay equity issues from what existed before the passage of the act. A royal recommendation accompanied the budget implementation bill, which included the PSECA.

Accordingly, repealing the PSECA and giving the Canadian Human Rights Commission and Tribunal jurisdiction over public sector pay equity complaints is essentially a fundamentally new and altered purpose for those organizations. No royal recommendation accompanies that change in Bill C-471.

The royal recommendation that accompanied the PSECA cannot be redirected to the Canadian Human Rights Commission and Tribunal, and past appropriations for the Canadian Human Rights Commission and Tribunal cannot be used for a purpose and jurisdiction that Parliament expressly removed from the PSECA. On that ground alone, Bill C-471 infringes upon the Crown's financial initiative.

In addition, the bill infringes upon the financial initiative on the basis that it exposes the Crown to a distinct liability that would be paid by public moneys. As stated in Erskine May's Parliamentary Practice, 21st edition, on page 714:

Any proposal whereby the Crown would incur a liability or a contingent liability payable out of money to be voted by Parliament [requires the Queen's recommendation].

In this vein, a June 12, 1973, Speaker's ruling held that a royal recommendation was required for Bill S-5, an act to amend the Farm Improvement Loans Act.

The Speaker noted:

It may be said that the proposal in Bill S-5 does not in itself propose a direct expenditure. It does, however, propose substantial additional liabilities on public moneys.

Similarly, a May 5, 2009, ruling from the Speaker of the other place ruled Bill S-219 out of order because it would change the Crown's liability under the Canada Student Loans Act. As held in that ruling:

The passage of Bill S-219 would expand the range of conditions under which the government would have to make good its guarantee of loans under the Canada Student Loans Act. This would change the existing scheme, since payments from the Consolidated Revenue Fund might increase due to the change in possible obligations. As such, the bill should have a Royal Recommendation, and would have to originate in the other place.

This is also consistent with a ruling on February 12, 1988 regarding Bill S-4, an Act to Amend the Canada Shipping Act. In that case, Mr. Speaker, you found that increases to the limits of civil liability of shipowners did not require a royal recommendation because the payment was covered by the authorization in section 30 of the Crown Liability and Proceedings Act.

My correction, Mr. Speaker, if you were not here in 1988. You have been for so long, I think of you as being here forever. That is a compliment, and please take it as such.

That act essentially provides that the Crown could be civilly liable in court for breaches of what is known in the common law tradition as tort or property law. Crown liability for breaches of its law of civil salvage is also expressly provided under section 5. Section 30 provides judgments issued by a court against the Crown are authorized to be paid.

The case of Bill C-471 is clearly distinguishable from Bill S-4 in that it creates a new and distinct statutory liability for the Crown under the Canadian Human Rights Act. The Crown Liability and Proceedings Act does not authorize payments for new statutory liabilities of the Crown. In fact, section 33 states:

Except as otherwise expressly provided in this Act, nothing in this Act affects any rule of evidence or any presumption relating to the extent to which the Crown is bound by an Act of Parliament.

Bill C-471 would create a new and distinct statutory charge of the Crown's liability. The more adversarial quasi-judicial setting of the human rights regime is fundamentally different from the proactive and integrated approach of the PSECA.

Under the PSECA, pay equity obligations are integrated in the bargaining process subject to complaint on certain grounds of the Public Service Labour Relations Board. In contrast, under the Canadian Human Rights Act, liability is initiated by individual complaints adjudicated before an administrative tribunal and potentially results in awards for damages. The authority for awarding those damages is the Canadian Human Rights Act.

As you may recall, Mr. Speaker, through the previous complaints based process under the Canadian Human Rights Act, the government has paid out of public moneys multi-billion dollar judgments. The Crown's obligations are significantly different under the PSECA and a royal recommendation is required to change that.

Before concluding, and I know the wish is for me to conclude quickly, I would like to address a point that may arise during the study of this bill. As we know, the Public Sector Equitable Compensation Act has been passed by Parliament, but it has not been not been proclaimed into force. Like many other statutes, Parliament delegates to the Governor-in-Council the authority to determine the day on which the act comes into force.

This transitional period, as one of the terms under which Parliament has passed the law, allows the executive time to prepare for the effective implementation of provisions. For purposes of assessing the need for a royal recommendation for Bill C-471, it does not matter whether or not the legislation has been proclaimed into force, it suffices that the law has been passed by both Houses of Parliament and that it has received royal assent.

What is and should be most critical and salient is Parliament's decision to make law. In the 21st edition of Erskine May, in formulating the test for whether a charge is new and distinct, it is stated at page 712:

The question may arise whether a proposal for expenditure or for increased expenditure is not already covered by some general authorization. The test for determining this question in the case of a substantive proposal, ie. a provision is in a bill, as introduced, is a comparison with existing law.

In this case, the Public Service Equitable Compensation Act was passed by Parliament on March 12, 2009. It forms part of the Statutes of Canada, it reflects the will of Parliament and it will be implemented under the terms passed by Parliament because that is what the law directs.

As Erskine May puts it, it forms part of the existing law, this is the law against which the provisions of Bill C-471 must be compared. To look at it another way, there would be no purpose for clause 3 of Bill C-471 but to change the law. It follows that in this instance it also changes the purposes and conditions for which the House has authorized expenditures. For that reason it requires a royal recommendation.

While Bill C-471 is a short bill, it has significant consequences and there are multiple reasons for which it requires a royal recommendation to be in order. I should also add that the member for Etobicoke—Lakeshore, the sponsor of Bill C-471, has said that he believes Bill C-471 would result in some additional unspecified costs for the government. In other words, the leader of the official opposition, who is the sponsor of this bill, agrees that his own bill requires a royal recommendation.

Finance

[James Rajotte, Conservative, Edmonton—Leduc, AB]

Mr. Speaker, I have the honour to present, in both official languages, the fourth report of the Standing Committee on Finance in relation to Bill C-288, An Act to amend the Income Tax Act (tax credit for new graduates working in designated regions).

Young People in the Regions

[Johanne Deschamps, Bloc, Laurentides—Labelle, QC]

Mr. Speaker, on Tuesday, my colleague from Chicoutimi—Le Fjord and I delivered 3,000 postcards in support of Bill C-288 to the office of the Minister of State responsible for the Economic Development Agency of Canada for the Regions of Quebec.

Bill C-288 proposes the introduction of a tax credit to encourage the return of young graduates to designated regions, and allow the development of secondary and tertiary processing industries by giving our entrepreneurs access to qualified workers.

In the last parliament, only the Conservative government refused to put in place these measures that would benefit both our young people and the regions.

With Bill C-288 soon heading to committee, we hope that the Liberals and the New Democrats will continue to support this Bloc Québécois initiative and that the Conservatives will set aside their partisan ideology and act in the interests of young graduates and the regions.

Income Tax Act

[The Deputy Speaker, Andrew Scheer]

The House will now proceed to the taking of the deferred recorded division of the motion at second reading stage of Bill C-288 under private members' business.

The House resumed from May 15 consideration of the motion that Bill C-288, An Act to amend the Income Tax Act (tax credit for new graduates working in designated regions), be read the second time and referred to a committee.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

I think that a couple of hundred of votes should do it.

In Saskatoon people talked about the need for this very effort, that regional economic development hinged upon their ability to retain and attract graduates and young people. Young people have been leaving. Those human resources are critical to the development of Saskatoon and Saskatchewan in general and yet their representative today was speaking against such an effort.

This also speaks to a fundamental philosophy that seems wrong with the government and needs to be altered with respect to resources in general. We are talking about natural resources as well as the human resources in our young people who go through the training programs. The bill attempts to address the disastrous loss of human capital we have seen in many parts of rural Canada.

I come from northwestern British Columbia. While we have exported minerals, forestry products and fish, we have also exported a great deal of our young talent. We on the New Democrat side support the bill. We believe this could help alleviate some of the strains within our community. This is important in a national context as well simply because failing to attract this young raw talent back to our regions, will inhibit the ability of the country to bounce back from this recession. That is getting more doubtful today as the Prime Minister puts on his rosy glasses. The IMF and the Parliamentary Budget Officer are forced to correct him time and again.

The recession seems to be deepening and the only way out is to have a national vision. The only way out is to have a strategy and a plan. We must encourage the redevelopment of our rural communities. We have been losing people and talent. It affects things in a cyclical way. The more difficult it is to attract young professionals to a community, the more difficult it is to attract anyone to that community, and the more difficult it is to have the services to give Canadians the quality of life they have come to expect.

We hope that the bill can address the professional shortages in particular. We are talking about the doctors, the nurses and engineers who can help stimulate an economy. When the tipping point has already been crossed it is very difficult to attract other nurses, doctors, engineers and architects into the community when there is a shortage. A doctor may not come if that doctor is going to be the only doctor on call. If two or three doctors are already there, it is much easier for a small town to attract another doctor or nurse. Architects, artists and all the other professionals do not come if the pool is too small. We have seen the trend over the past 20 years. Some of it is partly due to demographic trends. However, it is also because of a lack of vision on the part of the federal and provincial governments. It affects the urban and rural landscapes of this country.

Today I was pleased to welcome a group from my community of Thornhill. Members of the junior secondary band were here on a triumphant tour. The band had just won a bunch of gold medals at a national competition. These young people are in Ottawa for the first time. They are celebrating in our capital. They have such bright young faces and so much talent to exhibit over their lives. However, after they graduate from college, in the trades, or university, what will our ability be in northwestern British Columbia, or any part of rural Canada, to attract that talent back? How can we make it more welcome for them? Bill C-288 seems to help address that, to at least take some steps toward helping those who are interested in living in rural parts of Canada.

The history of this country has been driven by an idea that we would expand into some of the more remote and rural regions in order to access the incredible wealth in resources. Much of that was done in an ad hoc way, but there was always an understanding that the resources were common property, that the resources were of a collective good that Canadians were endowed with.

Time and time again we have seen natural resource policies from the government which shut down communities. We have certainly seen it across British Columbia in the forestry sector. It is absolutely devastating. Fifty-four mills have closed and 28,000 people have lost their jobs in a five year period.

Then when someone brings forward a bill to counteract that and make it more attractive for graduates to get back into those communities to start up their own businesses and have a professional career, we hear Conservative members say that we do not need that either. They will strip down our basic industries, and then when we suggest ideas that could attract professionals back to those communities, the Conservatives say that they are too busy for that. They are occupying their time with free trade deals with Colombia to which they are not applying any kind of intelligence whatsoever. If there were a better form of investment than this, I would ask the government to make that claim and stand on it.

The government has claimed that attracting our young people to rural parts of the country is just too expensive to do. Yet the Conservatives can find $1.3 billion every year to dump into the tar sands, into companies that make hundreds of millions of dollars especially in times when oil was $140 a barrel. They did not know what to do with the money, and the problem was it was overheated and the government was absolutely complacent with the previous regime and it continued to overheat.

That was considered a good choice and is still considered a good choice by the government. We see that as fundamentally flawed. The government should use that $1.4 billion to help graduates move into rural parts of Canada. It should stop these tax handouts to companies that do not need them, and put that money in places where it would actually make sense to help alleviate the strains that are happening within rural Canada.

The second point to this speaks to another vision that seems to be absent, which is what a restoration of the economy would look like. South of border we see quite an inspirational movement toward a green economy, toward making the recovery and the investments that are happening on behalf of the taxpayers lead to a betterment of and a creation of a sustainable economy.

The government says it is agnostic and it will just step back and let the invisible hand do its nefarious work. Yet time and again young professionals and new companies say that the investment environment here in Canada for green and new sustainable technologies pales in comparison to that in the United States, Europe and Australia.

The money will flow to the places that actually create the environment to attract the young professionals that we are talking about in this bill. The government cannot simply wash its hands of this and say that it is going to dump a bunch of money into the oil sands but do nothing on wind energy, which is running out in two months' time. Wind companies have been petitioning the government for months now, asking what it is doing to catch the shortfall.

Canadians are interested. Companies are being set up. People have made the investments. They are ready to create those jobs, and now the government is saying that the subsidy, which is one-quarter of the one in the U.S., already tipped out of scale, is just going to die out completely.

To young folks who are coming out of the colleges, universities and the trades right now, it is perplexing to encounter a government with a policy and a budget that was perfectly designed for 1950. It would have been an excellent set of numbers and initiatives from a government two generations ago, but not for a government looking to the future, to a new economy for the graduates of today.

We get these mixed signals all the time. And we wonder why young people do not get more involved, why the voting rates are so low, and why they do not stand for office as frequently as they should. I have talked to those young people. I know that even my Conservative colleagues sneak into a school from time to time, or encounter a young person, by accident, perhaps. The Conservatives need to ask the young people what they need. The things needed in rural Canada are initiatives that allow young people to feel some sense of hope of returning to their communities and reinvesting in those communities, creating the kind of economy and communities that we want to see for the future.

The Conservatives have to get out of the dark ages. Those guys have to turn around and support initiatives that are proactive and progressive. They should at long last leave the ideology behind and support the bill. Let us get on with attracting young people back to rural Canada.