Jobs and Economic Growth Act

An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 of this enactment implements income tax measures proposed in the March 4, 2010 Budget. In particular, it
(a) introduces amendments to allow a recipient of Universal Child Care Benefit amounts to designate that the amounts be included in the income of the dependant in respect of whom the recipient has claimed an Eligible Dependant Credit, or if the credit is not claimed by the recipient, a child of the recipient who is a qualified dependant under the Universal Child Care Benefit Act;
(b) clarifies rules relating to the Medical Expense Tax Credit to exclude expenses for purely cosmetic procedures;
(c) clarifies rules relating to payments made to a Registered Education Savings Plan or a Registered Disability Savings Plan through a program funded, directly or indirectly, by a province or administered by a province;
(d) implements amendments to the family income thresholds used to determine eligibility for Canada Education Savings Grants, Canada Disability Savings Grants and Canada Disability Savings Bonds;
(e) reinstates the 50% inclusion rate for Canadian residents who have been in receipt of U.S. social security benefits since before January 1, 1996;
(f) extends the mineral exploration tax credit for one year;
(g) reduces the rate of interest payable by the Minister of National Revenue on tax overpayments made by corporations;
(h) modifies the definition “taxable Canadian property” to exclude certain shares and other interests that do not derive their value principally from real or immovable property situated in Canada, Canadian resource property, or timber resource property;
(i) introduces amendments to allow the issuance of a refund of an overpayment of tax under Part I of the Income Tax Act to certain non-residents in circumstances where an assessment of such amounts has been made outside the usual period during which a refund may be made;
(j) repeals the exclusion for indictable tax offences from the proceeds of crime and money laundering regime; and
(k) increases the pension surplus threshold for employer contributions to registered pension plans to 25%.
Part 2 amends the Excise Act, 2001 and the Customs Act to implement an enhanced stamping regime for tobacco products by introducing new controls over the production, distribution and possession of a new excise stamp for tobacco products.
Part 2 also amends the Excise Tax Act and certain related regulations in respect of the Goods and Services Tax/Harmonized Sales Tax (GST/HST) to:
(a) simplify the operation of the GST/HST for the direct selling industry using a commission-based model;
(b) clarify the application of the GST/HST to purely cosmetic procedures and to devices or other goods used or provided with cosmetic procedures, and to services related to cosmetic procedures;
(c) reaffirm the policy intent and provide certainty respecting the scope of the definition of “financial service” in respect of certain administrative, management and promotional services;
(d) address advantages that currently exist in favour of imported financial services over comparable domestic services;
(e) streamline the application of the input tax credit rules to financial institutions;
(f) provide a new, uniform GST/HST rebate system that will apply fairly and equitably to employer-sponsored pension plans;
(g) introduce a new annual information return for financial institutions to improve GST/HST reporting in the financial services sector; and
(h) extend the due date for filing annual GST/HST returns from three months to six months after year-end for certain financial institutions.
In addition, Part 2 amends regulations made under the Excise Tax Act and the Excise Act, 2001 to reduce the interest rate payable by the Minister of National Revenue in respect of overpaid taxes and duties by corporations.
Part 3 amends the Air Travellers Security Charge Act to increase the air travellers security charge that is applicable to air travel that includes a chargeable emplanement on or after April 1, 2010 and for which any payment is made on or after that date. It also reduces the interest payable by the Minister of National Revenue to corporations under that Act.
Part 4 amends the Softwood Lumber Products Export Charge Act, 2006 to provide for a higher rate of charge on the export of certain softwood lumber products from the regions of Ontario, Quebec, Manitoba or Saskatchewan. It also amends that Act to reduce the rate of interest payable by the Minister of National Revenue on tax overpayments made by corporations.
Part 5 amends the Customs Tariff to implement measures announced in the March 4, 2010 Budget to 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 manufacturing inputs and machinery and equipment imported on or after March 5, 2010.
Part 6 amends the Federal-Provincial Fiscal Arrangements Act to provide additional payments to certain provinces and to correct a cross-reference in that Act.
Part 7 amends the Expenditure Restraint Act to impose a freeze on the allowances and salaries to be paid to members of the Senate and the House of Commons for the 2010–2011, 2011–2012 and 2012–2013 fiscal years.
Part 8 amends a number of Acts to reduce or eliminate Governor in Council appointments, including the North American Free Trade Agreement Implementation Act. This Part also amends that Act to establish the Canadian Section of the NAFTA Secretariat within the Department of Foreign Affairs and International Trade. In addition, this Part repeals The Intercolonial and Prince Edward Island Railways Employees’ Provident Fund Act. Finally, this Part makes consequential and related amendments to other Acts.
Part 9 amends the Pension Benefits Standards Act, 1985. In particular, the Act is amended to
(a) require an employer to fully fund benefits if the whole of a pension plan is terminated;
(b) authorize an employer to use a letter of credit, if certain conditions are met, to satisfy solvency funding obligations in respect of a pension plan that has not been terminated in whole;
(c) permit a pension plan to provide for variable benefits, similar to those paid out of a Life Income Fund, in respect of a defined contribution provision of the pension plan;
(d) establish a distressed pension plan workout scheme, under which the employer and representatives of members and retirees may negotiate changes to the plan’s funding requirements, subject to the approval of the Minister of Finance;
(e) permit the Superintendent of Financial Institutions to replace an actuary if the Superintendent is of the opinion that it is in the best interests of members or retirees;
(f) provide that only the Superintendent may declare a pension plan to be partially terminated;
(g) provide for the immediate vesting of members’ benefits;
(h) require the administrator to make additional information available to members and retirees following the termination of a pension plan; and
(i) repeal spent provisions.
Part 10 provides for the retroactive coming into force in Canada of the Agreement on Social Security between Canada and the Republic of Poland.
Part 11 amends the Export Development Act to grant Export Development Canada the authority to establish offices outside Canada. It also clarifies that Corporation’s authority with respect to asset management and the forgiveness of certain debts and obligations.
Part 12 enacts the Payment Card Networks Act, the purpose of which is to regulate national payment card networks and the commercial practices of payment card network operators. Among other things, that Act confers a number of regulation-making powers. This Part also makes related amendments to the Financial Consumer Agency of Canada Act to expand the mandate of the Agency so that it may supervise payment card network operators to determine whether they are in compliance with the provisions of the Payment Card Networks Act and its regulations and monitor the implementation of voluntary codes of conduct.
Part 13 amends the Financial Consumer Agency of Canada Act to provide the Financial Consumer Agency of Canada with a broader oversight role to allow it to verify compliance with ministerial undertakings and directions. The amendments also increase the Agency’s ability to undertake research, including research on trends and emerging consumer protection issues. Finally, the Part makes consequential amendments to other Acts.
Part 14 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to confer on the Minister of Finance the power to issue directives imposing measures with respect to certain financial transactions. The amendments also confer on the Governor in Council the power to make regulations that limit or prohibit certain financial transactions. This Part also makes a consequential amendment to another Act.
Part 15 amends the Canada Post Corporation Act to modify the exclusive privilege of the Canada Post Corporation so as to permit letter exporters to collect letters in Canada for transmittal and delivery outside Canada.
Part 16 amends the Canada Deposit Insurance Corporation Act to allow the Governor in Council to specify when a bridge institution will assume a federal member institution’s deposit liabilities and allow the Canada Deposit Insurance Corporation to make by-laws with respect to information and capabilities it can require of its member institutions. This Part also amends that Act to establish the rules that apply to the assignment, by the Canada Deposit Insurance Corporation to a bridge institution, of eligible financial contracts to which a federal member institution is a party.
Part 17 amends the Bank Act and other related statutes to provide a framework enabling credit unions to incorporate and continue as banks. The model is based on the framework applicable to other federally regulated financial institutions, adjusted to give effect to cooperative principles and governance.
Part 18 authorizes the taking of a number of measures with respect to the reorganization and divestiture of all or any part of Atomic Energy of Canada Limited’s business.
Part 19 amends the National Energy Board Act in order to give the National Energy Board the power to create a participant funding program to facilitate the participation of the public in hearings that are held under section 24 of that Act. It also amends the Nuclear Safety and Control Act to give the Canadian Nuclear Safety Commission the power to create a participant funding program to facilitate the participation of the public in proceedings under that Act and the power to prescribe fees for that program.
Part 20 amends the Canadian Environmental Assessment Act to streamline certain process requirements for comprehensive studies, to give the Canadian Environmental Assessment Agency authority to conduct most comprehensive studies and to give the Minister of the Environment the power to establish the scope of any project in relation to which an environmental assessment is to be conducted. It also amends that Act to provide, in legislation rather than by regulations, that an environmental assessment is not required for certain federally funded infrastructure projects and repeals sunset clauses in the Regulations Amending the Exclusion List Regulations, 2007.
Part 21 amends the Canada Labour Code with respect to the appointment of appeals officers and the appeal hearing procedures.
Part 22 authorizes payments to be made out of the Consolidated Revenue Fund for various purposes.
Part 23 amends the Telecommunications Act to make a carrier that is not a Canadian-owned and controlled corporation eligible to operate as a telecommunications common carrier if it owns or operates certain transmission facilities.
Part 24 amends the Employment Insurance Act to establish an account in the accounts of Canada to be known as the Employment Insurance Operating Account and to close the Employment Insurance Account and remove it from the accounts of Canada. It also repeals sections 76 and 80 of that Act and makes consequential amendments in relation to the creation of the new Account. This Part also makes technical amendments to clarify provisions of the Budget Implementation Act, 2008 and the Canada Employment Insurance Financing Board Act that deal with the Canada Employment Insurance Financing Board.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-9s:

C-9 (2021) Law An Act to amend the Judges Act
C-9 (2020) Law An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy)
C-9 (2020) An Act to amend the Chemical Weapons Convention Implementation Act
C-9 (2016) Law Appropriation Act No. 1, 2016-17
C-9 (2013) Law First Nations Elections Act
C-9 (2011) Law Appropriation Act No. 2, 2011-12

Votes

June 8, 2010 Passed That the Bill be now read a third time and do pass.
June 7, 2010 Passed That Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, be concurred in at report stage.
June 7, 2010 Failed That Bill C-9 be amended by deleting Clause 2137.
June 7, 2010 Failed That Bill C-9 be amended by deleting Clause 1885.
June 7, 2010 Failed That Bill C-9 be amended by deleting Clause 2185.
June 7, 2010 Failed That Bill C-9 be amended by deleting Clause 2152.
June 7, 2010 Failed That Bill C-9 be amended by deleting Clause 2149.
June 7, 2010 Failed That Bill C-9 be amended by deleting Clause 96.
June 3, 2010 Passed That, in relation to Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
April 19, 2010 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.

Jobs and Economic Growth ActGovernment Orders

May 31st, 2010 / 6:30 p.m.

The Acting Speaker Barry Devolin

Order, please. The member for Burnaby—New Westminster will have six minutes remaining when we return to this matter.

The House resumed from May 31 consideration of Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:30 a.m.

The Speaker Peter Milliken

When the bill was last before the House, the hon. member for Burnaby--New Westminster had the floor, and there are six minutes remaining in the time allotted for his remarks on this bill and this group of motions.

I therefore call upon the hon. member for Burnaby--New Westminster.

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:30 a.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, when I was forced to stop a couple of days ago on this issue of Bill C-9 because of the adjournment of debate at the time, I referred to this bill as the Godzilla bill, because this was a monstrous series of elements that were all brought together into one bill, completely improperly.

Mr. Speaker, as you well know, we are seeing progressively a government trying to shift what has been a democratic entity, the House of Commons, one where there is debate on specific issues and bills normally are tied to specific issues, to the kind of case where there is a very clear manipulation of parliamentary procedure.

Here we have a series of bills, environmental bills, bills that sell off other large chunks of Canada and what belongs in common to the Canadian public and do a whole series of other things, such as increase HST levies that certainly in my province of British Columbia, British Columbians have been strongly objecting to. It does this all in one bill. It just throws it all together.

We talked at that time about how Godzilla runs roughshod over individuals, and this bill certainly does that. It destroys institutions and buildings, primarily buildings in Godzilla's case, primarily institutions in the government's case. We also mentioned that the one exception to the difference between the government's monster bill, the Godzilla bill, and Godzilla himself or herself, is that Godzilla at least had some concerns about the dumping of toxic wastes, for those who followed the Godzilla movies. In this case, with the removal of the environmental assessment process, we see that the government has even less concern for the environment than the monster that I spoke of.

This monster bill is totally inappropriate. Why did the government do this? We know full well. We have seen strong objections in British Columbia to the HST. The government wanted to tuck in the increase in HST on financial services because it is hoping that somehow British Columbians will not find out, of course forgetting that there is strong representation in this corner of the House from British Columbia with NDP MPs who have stood up and raised this issue. That is partly why we have now reached the threshold for a referendum on the HST in British Columbia in all 85 ridings. That is cause for celebration.

British Columbians right across B.C., from the Peace River to the lower mainland to Vancouver Island to the Kootenays, are saying that they want to be able to publicly rebuke both the federal Conservative government and the B.C. Liberal government for their secretive, dishonest attempt to bring in the HST, but the government is still trying.

For British Columbians who may have voted Conservative in the past, I believe they certainly will be questioning that vote in the future, because in this very secretive, dishonest way, the federal Conservatives are moving to hike and add the HST onto even more elements around financial services. It is unbelievable. When British Columbians are speaking out unanimously right across the province in every single one of the 85 provincial ridings, that means every single one of the federal ridings, including the ridings that are represented by Conservatives and Liberals who voted for the HST.

For the Conservatives to try to hide this in the budget implementation bill is profoundly dishonest, and that is why they are going to get a kicking in the next election, whenever that comes. British Columbians are not going to forget about this. British Columbians are certainly not going to forgive and forget a government that routinely has been ignoring B.C. and then trying to impose types of actions that British Columbians have very clearly said they do not want.

There has not been a single Conservative MP from British Columbia who has been willing to stand up and say, “We were wrong to try to impose this on British Columbians”. There has not been a single Conservative MP from British Columbia who has stood up and said, “Now that the referendum is coming, now that British Columbians are saying no to the HST, we apologize for doing this”. It would be great just to have the one B.C. Conservative or Liberal MP stand up and say, “We are sorry we did this to you. We were wrong. We apologize. We should not have brought the HST in. We should not, in this massive budget bill, try to increase the HST. We apologize to British Columbians”.

I await that day when a B.C. Conservative MP or a B.C. Liberal MP will actually stand up and apologize for what they have done.

That is just one of the egregious aspects. The other is the whole issue of gutting the environmental assessment process. What planet are these Conservatives on? We are looking at a disaster of monumental ramifications in the Gulf of Mexico that has not been resolved, and they are saying they want to remove environmental assessment and regulations.

They are suggesting that we just go up to the Arctic Ocean and drill anywhere, with no more environmental process, no more environmental assessment, that we just go anywhere and take any risks. British Columbians and other Canadians profoundly reject Bill C-9 and its dishonest pretensions. That is why, in this corner of the House, we are saying the bill needs to be divided up so we can—

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:35 a.m.

The Deputy Speaker Andrew Scheer

Questions and comments. The hon. member for Bonavista—Gander—Grand Falls—Windsor.

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:35 a.m.

Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, I am not sure if my colleague covered this in the first part of his speech. I think we just got the final six minutes of it. He talked about the monster bill, just how large this is and all it encompasses, and he has a valid point. However, I want to talk about something that is lacking in this bill: the issue of pension security.

Earlier, the House endorsed the Bankruptcy and Insolvency Act changes that were brought forward by his party. Most of the House certainly supported that, so maybe he can comment on that. Perhaps that was lacking in Bill C-9.

Also, they talked about foreign companies and foreign ownership into telecom. Perhaps he would like to comment on that as well.

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:35 a.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the member is absolutely right. He just talked about three more elements, which we cannot address in a 10-minute speech. The Conservatives are trying to impose closure on Bill C-9 when there are so many different ramifications from this monster bill that they have thrown in.

He has raised three important questions. I want to raise one more, since I did not have time to do that in the six minutes: They are raising the export tariff on softwood lumber products for Ontario, Quebec, Manitoba and Saskatchewan. This is one of the worst of the very bad legislation that the Conservatives have brought in. We knew the softwood lumber sellout would cost tens of thousands of jobs. We knew it would close dozens of mills right across the country.

Again, because they are so embarrassed that their softwood lumber sellout was even worse than anticipated and predicted, we now have an export tariff tucked into this monster bill that is going to hit the softwood communities that have already been hard hit by the appalling irresponsibility and incompetence of the government on softwood lumber. In four provinces, Ontario, Quebec, Manitoba and Saskatchewan, there will be a 10% export tariff rate.

That is going to kill the thousands of jobs that have managed to survive the Conservative meddling in softwood lumber thus far. Now we see that they have tucked it into the bill. So the member's question is absolutely appropriate. We could be going on for days and days exposing the many ramifications of this toxic bill.

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:40 a.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, one of the Group No. 1 deletions that we are dealing with today is the air traveller security charge. When the government talks about reducing corporate taxes to 15%, it is actually increasing taxes on all air travellers in the country by 50%, making us the highest taxed in the world.

Where is this extra money going? We know it is raising far more than it is spending on security. Canadian taxes on foreign flights will be up to $25, while the United States flights are $5. We are already losing Canadian travellers to American carriers. We have been losing them for the last several years. This is going to make the situation worse.

Why is the government helping American airlines at the expense of Canadian airlines?

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:40 a.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the member for Elmwood—Transcona has been one of the foremost advocates for airline passengers, for consumers who use Canadian airlines. He has been a very, very strong advocate for their rights and better treatment, and the government simply has not been at all on the side of airline passengers across the country. As he mentioned, we are increasing the security fees paid for flights. That is another tax increase if we throw in the HST as well.

The Conservatives are tax cutters when it comes to big corporate CEOs and the banks. They will shovel that tax credit money off the back of a truck to those folks, but the moment we are talking about ordinary Canadians, they just want to punish them. Here is another case where they are increasing security fees paid for airlines.

The other thing I need to mention on this is the same government's wrong-headed intention of bringing in self-service safety in the airline industry and make it more dangerous to travel. Fortunately, the NDP headed that off and we stopped that.

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:40 a.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I am very pleased to have this opportunity to speak in the report stage debate on Bill C-9, the budget implementation bill. We are debating the first group of report stage amendments tabled by the New Democrats. I am pleased to say that I seconded all 62 of the amendments the New Democrats proposed to this legislation.

Why did we propose those amendments? We are very concerned about the scope of this bill and the huge size of this piece of this legislation. It includes many issues that should have been debated separately in their own pieces of legislation so that Parliament could give them the kind of scrutiny they deserve.

This is not a small issue for us, as members can tell. It is not often that an opposition party puts forward that many report stage amendments to a piece of legislation, but we feel very strongly that the government is doing something shifty. It is doing something that is inappropriate with this legislation by putting forward this monster bill of well over 800 pages, almost 900 pages, that includes all kinds of issues that should have been proposed, and in the past have even been proposed, as separate pieces of legislation.

This seems to me to be an abandonment of the Conservatives' commitment to accountability and transparency. They came into government claiming that they were going to change things around. They were going to do things differently than the previous government on any number of matters.

One of them we might have expected the Conservatives to take to heart was not proposing this kind of legislation. This is more American-style legislation. We all know of bills in the United States that have a title in one area that have a whole bunch of other measures attached and embedded into them. For instance, a defence bill could have a farm measure included in it. That is the system the Americans have come up with and I think it puzzles most of us here in Canada. It does not seem to be an appropriate way of giving appropriate scrutiny to many issues. That is the kind of bill we have before us today.

Bill C-9 is a huge piece of legislation that includes topics that range from the privatization of Atomic Energy of Canada Limited, changes to the mandate of Canada Post, the ultimate depletion of the EI fund, the increase in the security tax that we pay when we fly on airlines, changes to the HST initiative, changes to the softwood lumber tariffs, and changes to environmental assessment in Canada.

Each one of those things and many others in the bill deserve their own piece of legislation. In the past the Conservatives have even proposed legislation separately on some of those issues. The Canada Post issue is one of them. In earlier sessions of this Parliament and the previous Parliament, there was a separate bill dealing with these changes to Canada Post where that issue could get the scrutiny it deserves.

We are standing firm that this is a change in the practices of this House. It is going down a road that we think is totally improper. We think it abandons the Conservatives' commitment once again to accountability and transparency. It is clear that is long gone.

We have seen it in their failure to live up to commitments around access to information and the terrible report card they got, particularly the ministry of foreign affairs for compliance with access to information requests. It was so bad that the Information Commissioner had to invent a new category. It did not fit in her scale of failure and she had to invent a red alert category, saying it was so bad in that department.

We have seen it in the Conservatives' failure and their refusal for such a long time to provide Parliament with access to documents around the Afghan detainee issue, and the concerns that people Canada had captured were being tortured when they were in the custody of Afghan authorities.

We have seen it in the denial of Conservatives to allow their political staff to appear before parliamentary committees and provide information that parliamentary committees need. We have seen it in the actions of cabinet ministers coming uninvited to parliamentary committees and demanding to be heard when they are not on the agenda of committees, disrupting committees and turning those committees into places of total chaos.

None of this goes to an agenda of openness, transparency and accountability. It all dramatically undoes that. It is the exact opposite of those kinds of things.

One of the specific aspects that I want to talk about particularly in this bill is the environmental assessment component. What it amounts to is the gutting of the environmental assessment process that we have in Canada. This bill would exempt certain federally funded infrastructure projects from environmental assessment, going well beyond what was even recommended by the Canadian Council of Ministers of the Environment to streamline the environmental assessment process.

We all know that environmental assessment is a complicated issue in Canada. It is a process that has the involvement of many jurisdictions. We all want to make sure that we have an efficient and effective process, but we want to make sure that we have a process, a process that works and that offers protection to the environment and to Canadians.

This proposal before us embedded deeply in this bill would say that the building Canada fund, the green infrastructure fund, the recreational infrastructure fund, the border infrastructure fund, the municipal rural infrastructure fund, none of these would have the same requirements around environmental assessment that they currently do.

This bill would also pre-empt a review of the Canadian Environmental Assessment Act which is to go to committee this month for a scheduled five-year review. Here we are currently debating a piece of legislation that would change that existing legislation that was scheduled to be reviewed by Parliament where we could come up with suggestions for changes that needed to be made, where the government could present its suggestions for changes that should be made to that legislation. Why is it deeply embedded in this budget bill?

The bill would also allow the Minister of the Environment to dictate the scope of environmental assessments. This new concept called scoping allows for ministerial discretion to appoint someone to decide what should and should not fall within the scope of an environmental assessment. It could mean, for instance, the road leading to the mine needs to be assessed but not the mine itself, or vice versa. There is a huge opening here for discretion and for a deterioration of the kind of environmental assessment process that we currently have.

It also means that the bill would also weaken public participation in terms of environmental assessment processes by making certain exemptions for public notification. It would also contain the first steps to take away energy assessment programs from the Canadian Environmental Assessment Agency and give them to the National Energy Board.

These changes are of great concern to people in my riding because these kinds of environmental assessments are crucial to issues that happened in my riding. Burnaby—Douglas is home to the only refinery on the west coast of Canada, the Chevron refinery. That refinery is on the shore of Burrard Inlet. It has been there for almost 60 years. It is also surrounded by residential neighbourhoods. I am sure members can understand that a refinery placed in an environmentally sensitive location is a very serious issue. A refinery that is in a residential neighbourhood is also a very serious issue. Over many years there have been many processes developed for the refinery to work with people who live in that neighbourhood, people who are affected directly by it, environmentalists, and first nations communities that live directly across Burrard Inlet from the Chevron refinery.

Right now we are going through a crisis at that refinery where there is a leak happening. So far about 50 litres of what the refinery calls an oily substance have leaked out of the boundaries of the refinery. The substance has shown up in the ditch running along the Canadian Pacific Railway right-of-way and on the foreshore of Burrard Inlet. Officials do not seem to know what this substance is. They do not seem to know where it is coming from. Many concerns are being raised by folks in the neighbourhood, and rightly so, about this situation.

This is a situation where we need to have effective environmental legislation, where we need to have effective environmental oversight. People depend on that. We all know that we use the products that come out of that refinery, but we also want to make sure that we are mitigating any of the damage the refinery causes to the environment and to the neighbourhood. We are seeing an example right now in Burnaby—Douglas of why that is absolutely crucial. Be assured that the people of Burnaby--Douglas, the people of the Burnaby Heights and Capitol Hill neighbourhoods are going to be keeping a close eye on the situation to ensure it is fully determined as to why the leak is being caused, that the cause is fixed and that the cleanup happens completely and that it never happens again. This is crucial to our neighbourhood, our environment, to Burrard Inlet and to the surrounding area.

People in Burnaby—Douglas do not want any weakening of environmental assessments. That is why this piece of the legislation should be debated separately here in this Parliament.

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:50 a.m.

NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, I would like to thank my colleague for his eloquent speech and for pointing out what we should do.

I believe it was Yogi Berra who said that it was déjà-vu all over again. The front bench opposite, the Conservative government, for the most part was the front bench in Ontario back in the 1990s when we would see things like this omnibus bill. We know the havoc that wreaked on the province of Ontario when we had all those omnibus bills under the previous premier, Mike Harris, and some of those members on the front bench, including the Minister of Finance who is in the federal government today. They did the same thing then that is being done today. They rammed things through because the provincial Conservatives had a majority government, and the province was the worst for it.

What the federal Conservatives are doing today is going to make Canada the worst for it as well. The pieces that are in that omnibus bill that do not have anything to do with the budget are things that really should be debated before us today. Let me mention the things that are missing.

What is missing is a pension increase for those seniors living in poverty. The Conservatives decided to talk about getting rid of the environmental regulations, instead of increasing the GIS so that seniors could live in dignity and live without poverty. There was no mention of that.

I would ask the hon. member to comment on what he sees is missing here that really should be a budget item instead of all the other bits that make it an omnibus bill.

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:50 a.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, there is no doubt that if we talk to Canadians about top of mind issues right now, the security of their pensions, their pension income, is probably the top issue that most of them are thinking about. We certainly have not seen the kind of attention to it that is needed.

I am glad that New Democrats have raised constantly in this place questions about that. We have put forward serious suggestions about where we should be going. We have clear policies about what should be done in the area of pension reform to ensure that Canadians have not only pensions they can depend on in their senior years, but also pensions that would support people to live well above the poverty line and live happy, healthy and fruitful years in their retirement. That is an issue many Canadians would like to see given the attention it needs.

We have seen the Canadian Labour Congress take the lead on forums across this country where Canadians have been coming together to talk about pension reform. Our own colleague, the member for Hamilton East—Stoney Creek, our pension critic, has travelled across Canada doing the same thing.

There is clearly a need and a desire by Canadians to see that issue seize this House, seize the government, to make some progress in that area.

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:55 a.m.

NDP

Bruce Hyer NDP Thunder Bay—Superior North, ON

Mr. Speaker, there are so many thoughtful ideas in the excellent analysis by the member for Burnaby—Douglas that I could ask many questions, but I will limit myself to one.

Years ago, for many years, I wrote and reviewed environmental assessments. It has been my experience that environmental assessments do not usually stop projects unless they are particularly bad in every possible way. What they usually do is function as part of an expanded business plan that takes all factors into consideration, including economic and ecological sustainability, and they make projects better.

I would like to ask the hon. member how he feels that we can persuade the current government to re-examine its faulty logic on stopping these environmental assessments.

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:55 a.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I am glad that the member has raised that important question about the environmental assessment process.

The member is right. In most situations the idea is not to prevent development. The idea is to ensure that development is sustainable, that it respects both the environmental needs and the economic needs of communities in our country. We want to make sure that happens. We want to do that in a way that takes into consideration all of the factors that are part of those kinds of decisions.

People in my own community realize that the Chevron refinery is an important employer in our community. It produces products that we all use. Even though we are seeking ways to reduce our dependence on those kinds of products, right now we do depend on them. At the same time we want to make sure that it functions in a way that respects the neighbourhood it is in and respects the environment where it is located. That means we have to have the participation of government and the leadership of government to ensure it is done in a way that respects people and the environment.

Jobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 10:55 a.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I greatly appreciate the time I will have to speak to Bill C-9.

However, before I speak to Bill C-9, I would like to point out that in game three of the Stanley Cup finals last night, the winning goal was scored by none other than Claude Giroux from Hearst. We are very proud of him.

I am honoured to have the opportunity to speak to the Conservatives' budget implementation bill, Bill C-9. Given that I have only 10 minutes to speak to this unbelievably huge bill, which is hardly enough time to detail all of the significant flaws and errors in judgment present within this 800 page document, I will give the simplified version of what is fundamentally wrong with the government's budgetary plan.

First, I would like to speak to the nature of the bill itself. To put it simply, the bill resembles some of the overly political, opportunistic, pork laden legislation that was the hallmark of the Bush administration. With over 800 pages, 23 separate sections and over 2,000 individual clauses, Bill C-9 has easily become one of the largest pieces of individual legislation ever to pass through these halls.

The sweeping nature of Bill C-9 could perhaps be a little easier to swallow if it were not filled with amendments that seem almost completely out of place in a budget bill. Perhaps that was the plan that the Conservatives wanted to present all along; a bill so massive that it becomes almost impossible to scrutinize in its entirety, something that they expect we, as members of Parliament, would not take the time to scrutinize and simply rubber stamp through.

The people of Algoma—Manitoulin—Kapuskasing did not elect me to rubber stamp anything. They elected me to represent their interests and the bill is not in their best interests.

I will take some time to speak specifically to part 20 of the bill, which would amend the Canadian Environmental Assessment Act to give the Minister of the Environment the authority to forgo environmental assessment of federally funded infrastructure projects. I am a steadfast believer that appropriate environmental assessment, now more than ever, is vital in ensuring our natural environment does not take a back seat to handful of special interests who seem to believe that a larger profit margin is more important than preventing an environmental disaster.

This authority should not be given to any single individual. This is particularly dear to me because I actually live in an area and represent an area that has a couple of Great Lakes, lots of rivers and lots of lakes.

The government never misses an opportunity to take away the power of everyday Canadians in order to please those select few special interest groups that it listens to. Who are these special interest groups? Big oil is a good example. We just have to look at the big oil spill with regard to BP. We are quite worried about what will happen here in Canada.

What are the big oil companies getting in this budget? What about corporate tax breaks or perhaps the gutting of Canada's environmental assessment regulations? Those are two examples of the way that the interests of the government's friends win out over the interests of Canadians.

There is a reason environmental assessment is so important. I am certain that the majority of people sitting here today have had a chance to catch the news at some point in the past month or so. Again I will talk about that oil disaster.

The disaster off of the Gulf of Mexico has been monumental. It stands as one of the greatest environmental tragedies of all time. Many argue that the simple drilling of a relief well, which is a standard practice of offshore oil drilling, could have kept the disaster under wraps.

What are we hearing now? We are hearing claims from BP that a relief well is currently being drilled but that it will likely not be finished until some time in August. I realize there will be some contention on this argument, but I will wrap up my thoughts on part 20 of Bill C-9. It is barely what should be considered a budgetary matter. It should given an appropriate forum for discussion in its own right. It should not be part of the bill whatsoever.

The next issue I would like to discuss is part 18 of Bill C-9. The summary of part 18 states that it authorizes the taking of a number of measures with respect to the reorganization and divestiture of all or any part of Atomic Energy of Canada Ltd. businesses.

The Conservative government seems confident that selling off Canadian firms and resources is the best way to ensure economic growth in this country. Sure, a few high profile individuals may make a quick buck, but what about the people on the front line, the workers?

Many people within my riding, and particularly those living just outside of my riding in Sudbury, know all too well the damage a sell-off of our companies and resources can be. Just last week a rally was held here in front of Parliament Hill by the United Steelworkers Union, Local 6500. The hard-working men and women of Vale mine have been on the picket line for almost a year now fighting to retain the fair pay and benefits for which they have fought for over a century to gain.

What will happen to the AECL workers if their company gets sold from under their feet, thanks to an amendment that has been crammed into a beast of a budget? Will they end up getting laid off? Will they lose their benefits? Will they be replaced by a cheaper workforce?

I would call on the government to remove part 18 from the budget bill so we, as elected officials, can take the appropriate time to fully discuss how this deal would affect working Canadians. I wish I had more time to debate the nature of this sell-off but my time is short and there is more, I feel, that is needed to be discussed here.

I will now detail some concerns I have with part 15 of the bill. In my riding, we are very worried about the weakening of Canada Post. Again we see the mantra of business first and are being told that a company can provide overseas service more efficiently and make a profit at the same time. How is that possible? To us, this is merely coded language that adds up to paying workers less and demanding that they do more. Efficiency is a good and desirable thing but hoarding wealth in the hands of fewer and fewer people is not.

Increasing the workload stress in job security of the people who actually perform the work so investor can siphon off profits is not the best way to perform this service. Worse, if this is a way for Canada Post to make a few bucks, why would we want them to get rid of it? We need to allow Canada Post to make money so that it can afford to provide postal service to the people of Canada.

There is a situation right now in Constance Lake that I would like to share with the House. In Constance Lake, which is a first nation community, residents have lost their Canada Post outlet. For approximately the past one and a half years, residents have had to make an 80 kilometre round trip detour to Hearst simply to mail a letter. Luckily for Constance Lake, a Canada Post outlet is in the process of being rebuilt, because we have pushed for this, both Constance Lake and myself and the CUPW workers, but this is just an example of the concerns that have been echoed by the rural people living in my riding. Many other communities live with the fear of losing their postal outlets. People in towns like Moonbeam wonder if they are next when the Canada Post axe falls. Chapleau has also approached me on this before.

If Canada Post loses more revenue by cutting out its international mail revenues, how can it provide anything but less service? How is that efficient?

I wish I had another hour to speak to some of the issues I have with the bill. I call on my colleagues throughout the House of Commons to push to have this bill stripped down to its core. Many portions of the bill are out of place. I realize it is part of the Conservative agenda to slide things past the Canadian people without giving them or us, as elected officials, the time it takes to adequately examine the consequences of what is transpiring here.

I would like to finish by quoting one of the Conservatives' own senators, Lowell Murray, but I see my time is up so I will have to do it later.