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 was last introduced in 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. The Library of Parliament often publishes better independent summaries.

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.

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 27th, 2010 / 4:50 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am very pleased to rise again to speak to Bill C-9. The bill has now come out of committee and our party has had to introduce several motions to attempt to make deletions to the bill. The bill is so massive, at 880 pages, it must be a record, certainly by weight.

We have 60 some motions covered by these resolutions. The other members who have spoken today have essentially explained how and why the bill has come to us the way it has. It has been quite a number of years since I can recall a similar approach being taken by a government, which takes me back to 1889-90 in a minority government in Manitoba when the Filmon Conservatives did similar omnibus bills over a two year period, I believe. Not only did we have the budget implementation measures put into a bill, but we had extra items thrown in. One was the privatization of a business in Brandon that had absolutely nothing to do with the bill at hand.

If we fast forward to the present, this is the type of frustration with which the members of the House are dealing. The government has taken not only the budget implementation act, which we all agree is something that should be dealt with, but it has thrown in many extra measures, which rightly belong as separate legislation.

The best example of this is the issue of the Canada Post remailers. The government over the last two years, or perhaps longer, has attempted to get Bill C-14 and Bill C-44 through Parliament, which would remove Canada Post's legal monopoly on outgoing international letters. This is the thin edge of the wedge to start to privatize Canada Post.

The government introduced that bill as two separate bill numbers in past years, brought it into a minority Parliament and found the opposition so strong that it could not get it through. Therefore, the government has taken that legislation and added into this omnibus bill.

The government has added in the sale of AECL, which the member for Skeena—Bulkley Valley has rightfully pointed out has cost the Canadian taxpayers perhaps $22 billion in subsidies over its history. At the present time, nuclear looks like it is making a comeback. As the member indicated, we are looking at perhaps 120 new nuclear builds around the world. What the government is attempting to do is sell off this crown corporation, probably at fire sale rates and probably to foreign investors and American investors. They will then buy an asset, at a fire sale price, paid for by the Canadian taxpayer and will make a success of the company by building nuclear plants around the world.

This is what is being suggested. The fact is this element of Bill C-9 does not belong there. This is rightfully a subject for a different bill, a different day and a totally different subject for debate.

We want the Canadian people to understand what is going on here. A government that cannot get its way one way simply circumvents the process and attempts to bring it in through an omnibus bill.

After the second prorogation of the House, the opposition parties attempted to bring in motions and resolutions to put some qualifications on any future prorogations by the Prime Minister. It is high time the House adopt some rules on when the Prime Minister can prorogue the House.

Likewise, there should be some attempt made by parties to come up with some guidelines that the government should be able to follow for budget implementation legislation such as this. An independent panel of people, or an independent group of people, or any of our constituents, and I think my colleague, the member for Sudbury, would probably agree with me, will know the difference between what should be in a budget implementation bill and what is in this 880-page omnibus bill.

The privatization of Canada Post and the selling of AECL have absolutely nothing to do with traditional budget implementation. We only have to look at the environmental assessment issues. Our member from Edmonton spoke to this yesterday. The government is weakening the environmental assessment regulations. Once again, if it cannot get something through the House, it goes around to the back door.

It would take hours to deal with all of the issues in the bill, but I will talk for a couple of minutes about the taxation policy of the government. The government is reducing taxes on corporations, particularly on the banks. It is reducing the corporate tax rate to 15% at a time when it is already lower than the United States. It is doing it at a time when the banks made $15 billion in 2009. It is doing it at a time when the presidents of those banks made up to $10 million a year.

We have the highest paid CEOs in Canada. Gordon Nixon of the Royal Bank and Edmund Clark of the Toronto-Dominion Bank were granted about $10.4 million in 2009. The CEO of CIBC was granted $6.2 million. All of these presidents are in the stratosphere in terms of salaries.

What is the government doing while this is happening? It is sneaking through a huge increase in air travel taxes being paid by all air travellers in Canada. In fact, the increases are going up 50% on security fees paid on flights.

Representatives of the Air Transport Association of Canada, an organization that the government is very familiar with, provided testimony regarding the bill. The observations they made are these. In 2008, only two years ago, ATAC conducted a survey which ranked the security fees charged by governments and airports worldwide. Guess what it found? Canada's security charges, just two years ago, were the second highest in the world. Only the Netherlands was higher.

Guess what the government did? It increased those same taxes by 50%. After this tax announced in February, the Canadian security charges will be the highest in the world, having increased by 52% from $17 to $25 U.S. In the U.S. the charge is only $5.

For a government that wants to be competitive with the United States, it has just made itself uncompetitive. Its taxes are much higher.

May 27th, 2010 / 4:50 p.m.
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Bloc

Daniel Paillé Bloc Hochelaga, QC

Thank you.

Sometimes the government imposes a number of things on us at the same time in parliamentary terms. The committee's two vice-chairs had to be in the House speaking on Bill C-9. That's why you sometimes see this round table.

I'd like to ask Mr. Béland my first question.

On page 4 of your brief, you say: “While CPP is fiscally sound for the predictable future, this is not the case of QPP, which should face real fiscal challenges starting in the 2040s, and perhaps even earlier.” You say that the QPP “should face” challenges, which, in my view, is a little too affirmative. I would have said that it “might” face challenges. I note a reference in one of your endnotes entitled “Débâcle à la Caisse: Que faire avec le Régime de rentes du Québec?”

You know that the Quebec Pension Plan is managed by the Caisse de dépôt et placement du Québec, where the pensions are deposited. The caisse makes investments, as its name suggests. Yes, there has been a collapse. Some have even said debacle.

In view of the fact that the new administration of the caisse seems to be managing its risks in a more appropriate manner, aren't you trying to scare people somewhat by saying that the Quebec Pension Plan will be facing enormous challenges starting in 2040?

Jobs and Economic Growth ActGovernment Orders

May 27th, 2010 / 4:45 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I thank the member for Berthier—Maskinongé, who is doing an excellent job. Bill C-9 has a full chapter on Canada Post and the removal of its exclusive privilege over letters for delivery outside Canada.

The president of Canada Post, who I just heard is leaving her job, told the committee that, in 2007, Canada Post lost $80 million because of these businesses. They were freely dipping into and encroaching on the exclusive privilege of Canada Post, even though they did not have the right. We can only imagine the massive amounts of money that Canada Post will lose if this bill passes.

I know that my colleague is very sensitive to the loss in revenues for Canada Post, because lost revenues lead to lost services. In rural regions, like my riding and the communities my colleague serves, there are concerns. Is my colleague worried about this bill that puts an end to Canada Post's exclusive privilege over international mail?

Jobs and Economic Growth ActGovernment Orders

May 27th, 2010 / 4:45 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I want to thank my friend for his presentation today on Bill C-9. In Canada the banks made $15.9 billion in 2009. We have a government that is bent on reducing corporate taxation to as low as 15% over the next three years. And all the while that has been happening, the bank presidents are earning as high as $10.4 million a year. While this is going on, we have in this omnibus bill increases to the air security tax, which is going to be paid by all Canadians. Those airport security taxes are going up by 50% making them and Canada the highest tax jurisdiction in the world, exceeding Holland which was the highest up until last year.

Would the member comment on how it is the government can get away with saying it is reducing taxes when it is actually increasing taxes for the vast majority of Canadians?

Jobs and Economic Growth ActGovernment Orders

May 27th, 2010 / 4:30 p.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I have a particular interest in taking part in the debate today on Bill C-9 at report stage and the amendments that have been proposed. This bill would implement various initiatives the Conservative government included in its March 4 budget.

As many of my Bloc Québécois colleagues have already said, we are opposed to this bill for many reasons.

The measures in this budget do not meet Quebeckers' needs. None of the major priorities of our region and Quebec as a whole—improving employment insurance and the guaranteed income supplement, helping our manufacturing and forestry industries, harmonizing the QST with the GST and introducing a real plan to help the furniture industry, which is going through its share of problems—is addressed in this budget.

We also oppose Bill C-9 because it is blatantly undemocratic. It is an omnibus bill, as a number of speakers have pointed out. It includes the privatization of Canada Post, for example, and measures that have nothing to do with a budget. Our finance critic mentioned that in his speech. The bill contains a number of things that have never even been discussed by the Standing Committee on Finance.

The government is trying to put measures in the bill that the House would not approve otherwise. The Conservatives know that the Liberals, who are weak politically, will support them. The Conservatives will be able to implement these measures and ram them down Quebeckers' and Canadians' throats.

Among the many amendments we are discussing today, I would like to talk about part 24 of Bill C-9.

This part closes the separate Canada Employment Insurance Financing Board's account and opens a new account called the employment insurance operating account. It eliminates, once and for all, the surplus accumulated thanks to unemployed workers who kept contributing as the government tightened access to employment insurance. Employers and employees contributed over $57 billion to the employment insurance fund. This omnibus bill eliminates for all time the accumulated surplus and starts over at zero. That is a real shame.

Once again, we proposed numerous initiatives to support unemployed workers, from eliminating the waiting period to improving the system. At the height of the economic crisis, 50% of the population did not even have access to EI. During that time, huge surpluses were building up in the employment insurance fund. This theft from the people of Canada and Quebec is sanctioned in Bill C-9, an omnibus bill.

Unemployed workers do not have access to employment insurance, and the government got billions of dollars out of them to finance other measures. Those workers paid taxes. They contributed to the government's treasury. That same government found another way to attack the poorest members of society by stealing money from the employment insurance fund.

As I explained, the government wants the middle class and workers to foot the bill for the deficit, while banks, oil companies and the rich get off scot free. It gives tax breaks to banks that hide huge amounts of money in tax shelters. It gives tax breaks to oil companies and, as we know, it supported the auto industry while neglecting Quebec's unemployed workers and its forestry and manufacturing industries.

Unfortunately, the budget implementation act officially sanctions the federal government's embezzlement of money from the employment insurance fund, which started when the Liberal Party was in power in the 1990s. Embezzlement is exactly what it was. The government took money held in reserve for unemployed workers, money contributed by employers and employees, and put it in another fund to be spent elsewhere. That is what I call embezzlement. Over the course of 14 years, they stole $57 billion. That is shameful. I am appalled.

Since 2004, the Bloc Québécois has been fighting here in this House to improve the guaranteed income supplement for seniors. That is another example of how the government stealing money, from seniors in that case. They have taken money from the unemployed. They refused to improve the employment insurance program. They have refused to use the guaranteed income supplement to support the seniors who did not receive this supplement for a number of years. Those seniors are not being reimbursed. The government always manages to support the banks and the rich to the detriment of the poorest in our society. That is what is happening in this House and it is shameful.

It is as though the 14 years of misappropriation never happened, thanks to this omnibus legislation. The debt is erased. They took $57 billion from the unemployed and now they turn the page. They act as though nothing happened. It is shameful. It is like a magic trick. We know that the Liberals' weakness means that they will vote with the Conservatives and support this bill. But they will still have to live with their guilt because they also dipped into the fund. The Liberals and Conservatives will erase it all in the hope that people will have forgotten in a couple of years. But the Bloc Québécois will not forget. We will continue to denounce this Conservative government manoeuvre, which was supported by the Liberals, to misappropriate money from the employment insurance fund.

It is unbelievable if you think about it. They want to pretend the misappropriation of $57 billion never happened and on top of that, help themselves to more money in the future, because the EI fund is accumulating another surplus with employers' and employees' premiums. Additional surpluses of $19 billion are expected for the next three years. With that money alone, we could resolve the issue of the two-week waiting period for unemployed workers. In my riding, over 4,000 people have signed a petition on this issue, calling on the government to eliminate the two-week waiting period. We could improve the employment insurance system and make it more accessible for all workers.

But, no, what we see here instead is more of the same old story. The government stole $57 billion from unemployed workers. It is going to help itself to another $19 billion from them over the next few years and will do nothing to improve the employment insurance system to allow workers to live more comfortably in a difficult situation, because many workers are losing their jobs. The government is still misappropriating money from the fund.

The Bloc Québécois would like the government to present a plan to pay back the money it misappropriated from the EI fund.

We call on the government to improve the employment insurance system, help unemployed workers and stimulate the economy. If we help the unemployed, people who are temporarily out of work could continue buying goods, paying their rent or mortgage and making car payments. They could continue paying their bills and supporting their families. This is good for the economy, for families and for many other things.

Jobs and Economic Growth ActGovernment Orders

May 27th, 2010 / 4:20 p.m.
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Bloc

Daniel Paillé Bloc Hochelaga, QC

Mr. Speaker, just now I heard a common refrain. I would have liked to have asked the member for Saint-Léonard—Saint-Michel, whose riding is next to mine, a question. I was thrilled by my Liberal neighbour, who ended his speech by stating that he will vote against it for such and such a reason. I am certain that he will be there to vote against this bill. I did not have time to ask him why all members of his party will not be there to vote against this bill. He tells me they will be there. I hope they will have the courage to show up and to do as Bloc members do, to stand up and tell the House what they think. I have a great deal of respect for my colleague who is vice-chair of the Standing Committee on Finance, as am I.

As for the amendments proposed by our colleague from Outremont and his party, I take this opportunity to denounce Bill C-9 as unparliamentary. I had the honour of serving my fellow citizens at the National Assembly of Quebec fifteen years ago. Adopting budgets, presenting amendments, sitting on parliamentary committees is all part of the British tradition of the National Assembly and of this Parliament.

There used to be two major speeches in a parliamentary year: the throne speech and the budget speech. The budget speech was read and then there would be a myriad of laws sponsored by the Department of Revenue, Natural Resources and other laws that implemented what the finance minister had set out in his budget speech. There might be a specific bill to increase or decrease the sales tax. Or a bill to create a business tax, or various taxes, charges, and other economic measures. That was done properly by parliament, bill after bill, parliamentary committee after parliamentary committee. There was time to address questions to public servants, heads of crown corporations or ministers such as the Minister of Revenue, the Minister of Energy, and ministers with this type of expertise.

Today, we are dealing with an omnibus bill. There are thousands of clauses in its 887 pages. They have thrown in everything, including the kitchen sink. This bill contains items that were not even mentioned in the budget speech. We have never seen them. They have appeared from nowhere and suddenly are found in the budget implementation bill.

Some changes were proposed by the NDP. It would delete part 3 because it does not agree with this section that increases the air travellers security charge. There is an increase in the charge. This government says it never increases taxes, but there are proposals and parts of legislation that mention increasing charges. The Conservatives are either naive or incompetent. I will leave that up to them. This charge is for “air travellers security”. However, there is no travellers protection fund. The government will take the money and put it in the consolidated revenue fund. If money is ever needed for traveller protection, it will just be taken from the fund and given to whoever needs it. I fail to see how one equates with the other.

It is the same as with other parts. There are motions to delete part 24, which amends the Employment Insurance Act. Our colleague from Acadie—Bathurst gave a very fine speech on this. I asked him some questions and his answers were clear and to the point. He said that this was stealing—those are his words—and I agree with him. Again, what is the government doing? It is increasing the costs and shifting the burden to the employers and employees, and decreasing benefits as much as possible. But its bottom line does not suffer. These proposed amendments should be referred to a standing committee that is equipped to study these types of issues.

Then there is an amendment to the Canadian Environmental Assessment Act, which includes an exception for federally funded infrastructure projects. That is quite a mouthful and nothing is very clear. All this was included in an omnibus bill.

Let us not forget the National Energy Board. What does this have to do with the Standing Committee on Finance or with a budget bill? That is why we agree with the NDP that these practically unreadable parts of the bill should be deleted.

The Speaker ruled that we would study the bill in two parts because the other two parts deal with Canada Post and Atomic Energy Canada, two crown corporations that are unrelated to program budgets, revenues, taxes and charges. However, we will look at this later and we will say that we are in favour of removing this type of thing because it is unrelated.

I listened closely to the Conservative members opposite who came to oppose deleting certain parts, as the NDP is proposing. I have seen these members a bit in the House, but I have never seen them at the Standing Committee on Finance. Where were they? I do not know.

Parliamentary functions need to be taken seriously. We have to know what we are talking about. We cannot come here and read a speech that we have never seen before that was written by someone else. We have to have the confidence to state our opinions because we are competent enough to do so.

What we have seen today is shameful from a parliamentary standpoint. Members are reading speeches and quoting people. They quoted someone today that they have never seen or heard because they were not at the Standing Committee on Finance. But we were there. We were forced to study the issue when we felt that it should have been studied elsewhere.

The Bloc Québécois, which continues to work hard to defend Quebec's interests and to do its parliamentary job well, will vote in favour of the amendments put forward by the NDP. Once again, I hope that all of the Liberal Party members will hear the heartfelt appeal from the member for Saint-Léonard—Saint-Michel and will vote against this infamous budget.

Jobs and Economic Growth ActGovernment Orders

May 27th, 2010 / 3:50 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, Bill C-9 is an abuse of the public. The government is forcing through major changes without giving the public even a chance to sense what is happening. Nowhere is it clearer than with the $57 billion that is being stolen from the EI fund.

The government cannot be honest with the public and neither can the Minister of Human Resources. When we asked the minister about her plan to shut down 15 of the 18 EI processing centres across Ontario, she could not even stand in the House and give an honest answer.

However, we know that Owen Sound, Orillia, Kenora, Belleville, North Bay, Timmins, Sault Ste. Marie, Brantford, Etobicoke, Barrie, Peterborough, Hamilton, Niagara Falls, Thunder Bay, Kitchener and Oshawa centres are being closed. Why are they being closed? Because the government is stealing the money from EI. It is running out of money because it is giving $1.7 billion in corporate tax cuts.

Why is the government unable to give an honest answer to Canadian workers? Why can is the minister not stand in the House and explain what she is doing by robbing workers of access to EI, robbing them of the kind of processing for their EI claims, which they need at this time of recession?

Jobs and Economic Growth ActGovernment Orders

May 27th, 2010 / 3:35 p.m.
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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, it is my pleasure to take part in this afternoon's debate on Bill C-9 concerning the government's budget.

We have amendments to part 24, which changes the Employment Insurance Act by establishing an account in the accounts of Canada to be known as the employment insurance operating account and closing the employment insurance account and removing 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 board.

As members will recall, in 1986, the Auditor General said that the employment insurance account should be integrated into the government's consolidated revenue fund. At the time, the government, companies and employees were contributing money to the employment insurance fund.

In 1988, after the employment insurance fund was integrated into the consolidated revenue fund, the Mulroney government started to chip away at employment insurance.

As I recall, that is when things started to change. Brian Mulroney's Conservative government was in power, and the Liberals were the official opposition. I remember that in 1989, in one of the papers—this is not the first time I have brought this up in the House—my predecessor, Doug Young, who was his party's employment insurance critic at the time, urged all New Brunswickers to fight changes to employment insurance because such changes would be disastrous for New Brunswick. That is why I said this is not the first time I have talked about this issue. I want to remind the House about the Liberals' attitude at the time.

In the spring of 1993—even at the end of winter that year—Jean Chrétien was the opposition leader. He then became prime minister. He sent a letter to a group of women in Rivière-du-Loup, Quebec, who were working to stop changes to employment insurance. As opposition leader, Jean Chrétien wrote that the government should not take action against victims, people and workers. He wrote that the government should focus on economic development. The country needed economic development to create jobs for people.

To everyone's great surprise, when the Liberals were elected in the fall of 1993, they continued along the same course. We cannot say they were any worse than the Conservatives because the Conservatives had begun employment insurance reform. We do not know how far they would have gone. The Liberals had taken over the ship. They had taken over the tiller and started focusing on employment insurance. They also started thinking that what was in place was not so bad. Former Prime Minister Brian Mulroney had agreed to the Auditor General's recommendation to put the money into the consolidated revenue fund. The Liberals realized that this gave them more money and that employment insurance contributions gave them more money.

The Conservative government had increased premiums to roughly $3.08 or $3.20 for every $100 and the employer paid 1.3 or 1.5 times that amount. In other words, this represented roughly $8. It was a cash cow.

Money was coming in and cuts were being made to employment insurance. The worst cuts came in 1996: the number of hours to qualify was increased to 910; 420 hours were required in areas where the unemployment rate was greater than 13%; new entrants had to accumulate 910 hours; 700 hours were required in areas with low unemployment; 700 hours were required for a person who was sick or disabled to be granted special leave; 700 hours were required for maternity and parental leave. So much money was flowing into the employment insurance fund that it could not be ignored. The federal government was running a $565 billion deficit. It reduced the deficit by $92 billion, $57 billion of which came from the employment insurance fund.

Paul Martin, who was the finance minister at the time, told Canadians to tighten their belts to eliminate the deficit and pay down the debt. He robbed the employment insurance fund to pay down the debt and achieve a zero deficit.

At the time, the Conservatives, who make up the new Conservative government, condemned the theft from the employment insurance fund. Surprise, surprise, they returned to power in 2006 and this continued on into 2010. Now, they have presented Bill C-9, which is some 900 pages about the budget, and in which the government legalizes this theft from the employment insurance fund. That is what is going on here. By creating this new board, by creating a new fund and putting only $2 billion in it, the government is legalizing the biggest national and federal theft in the history of Canada.

I am calling it a theft, because workers pay employment insurance premiums out of their paycheques as security in case they lose their jobs. It is not meant to be used to pay down the government's debt. Now, people are in need.

We have just been through a serious economic crisis. Some people have used up their employment insurance benefits and do not have a job. We could increase the number of benefit weeks. We could base the calculation on the best 12 weeks instead of the best 14 weeks. We could eliminate the divisor of 14, which would give the best 12 weeks. We could also increase benefits from 55% to 60%. We could give these workers a chance.

In other countries, like France, for example, workers receive 75% of their income. When I brought up the idea of increasing the amount people receive, when we asked the government to increase the number of weeks, all the Conservative government could think to say was that if we were to do that, people would work 10 weeks and would receive 52 weeks of employment insurance benefits. They would work only 360 hours and would receive EI the rest of the year. The Conservatives have no faith in Canadian workers. That is the problem. They have no faith in our fellow citizens.

I asked a member of the French national assembly if paying benefits of up to 75% of wages made people want to receive employment insurance benefits rather than work. His response was altogether different. He said that he truly believes in workers and citizens, and added that they are very hard-working and that they want to work. They pay into the employment insurance program, which protects them in the event they lose their jobs. He added that if these workers want to pay themselves a wage while they are unemployed, it is good for the economy and good for everyone. It is good for the regions and it is good for small and medium-sized businesses. When a citizen receives benefits, he does not take off the next morning for a sunny spot such as Florida.

Instead, he goes grocery shopping. He buys something, or pays his bills. It is good for our economy, for our local economy.

It is unfortunate to see that the government has included all sorts of things in Bill C-9. And the first thing it will say is that we voted against it, that we voted against the huge monster it has created. We cannot support this omnibus Bill C-9.

Jobs and Economic Growth ActGovernment Orders

May 27th, 2010 / 3:35 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I thank the member for his presentation on Bill C-9, an 880 page omnibus bill, which is very rare in politics but not so rare when dealing with this particular Parliament and the present government.

While I do not agree with the nuclear option, the fact is that we have interests in nuclear development in Saskatchewan and in Ontario, and worldwide there is a big demand for nuclear power. Therefore, at a time when the future is looking rosy for the nuclear industry, why in the world would a government want to sell off the largest crown corporation in the country, a corporation in which we have invested $22 billion in subsidies in its history? In some ways it seems like a repeat almost of the Avro Arrow of the Diefenbaker years.

I would like to know what the member's comments would be on those observations.

Jobs and Economic Growth ActGovernment Orders

May 27th, 2010 / 3:35 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, what the opposition members should be doing is their job. Our job, when we see irresponsibility and an unaccountable government, is to stand up and oppose that on behalf of Canadians who sent us here to do this.

We saw the Liberals at committee sneak one of their members out the back door to ensure that the vote would pass to allow Bill C-9 to come back to the House. We suspect that the same thing will happen here when the final vote on this outrageous bill comes.

We have seen this pattern of shutting down committees through the monkey-wrench manual the Conservatives produced. We saw it on the Afghan detainee documents. We saw it with the government's abuse of prorogation, shutting down the entire Parliament when questions arose that the government did not like.

Just the other day we finally had it confirmed where the Conservatives learned it from. They justified this bill, this outrageous abuse of democracy, by saying that the Liberals did it. They learned too well at the feet of the Liberals when they were in power and said that they did not like all the debate business, the discussions, the counterpoints and the views so they just rammed things through. That is not a lesson the Conservatives should have learned from the previous government and they should unlearn it quickly.

Jobs and Economic Growth ActGovernment Orders

May 27th, 2010 / 3:25 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, unfortunately it is seven minutes. We are always in a deficit of time here, particularly when dealing with something as outrageous and undemocratic as what we have contained in these near 900 pages of Bill C-9.

I say undemocratic because within this Trojan Horse of a bill, the government has conspired to lump in just about everything it found to be too distasteful to see the light of day. Rather than have a fair debate about each of these important measures, and there are two or three that are actually laudable but the vast majority are not, the government has decided to make a Trojan Horse, an omnibus bill in which everything is crammed, and then point the gun of an election at the opposition to force a vote on something that probably many members in the official opposition, the Liberals, find distasteful as well, but will obviously cave into once the vote actually comes, because that has become a call-in response from the government almost since time immemorial. The government suggests something, the Liberal Party says that it does not like it, the government dares it to go to an election, and the Liberal Party gets out of the way as fast as it can and votes with the government again. It is a coalition by default and by any other name and function.

I will list for Canadians what is in this bill that we find so outrageous. One thing on the list is the sale of AECL. Yesterday 130 workers from AECL were here in Parliament, in the galleries watching the debate, demanding some sort of fairness. What struck me most in meeting with the workers after question period was how abandoned they felt by their government that would not even allow a fair and free democratic vote on the idea of selling their corporation. It is the largest crown corporation in Canada. It has received more money than any other crown corporation in history, some $22 billion of Canadian taxpayer dollars. The legislation says that when the government seeks to sell it, it must bring it before Parliament in a separate bill.

What did the government do? It went around the rules and the legislation and rammed it into Bill C-9 so there can be no debate about the sale of AECL. There can be no bringing of witnesses to hear whether it is a good thing for Canadians or this is in fact a fire sale of a crown asset.

The government, of course, will not get that $22 billion back. It will get far less, but maybe what is worse is that with no debate, no discussion and no evidence, the government presents nothing about the likely brain drain of the experts who work around AECL to competitors who do not support the Candu reactor system. This was expressed clearly by the workers who were here recently. What are they going to do and who will do the upkeep on the Candus that Canada currently has on the books? That is just one piece of this outrageous and offensive bill.

Another piece of the bill is the raising of airport security taxes. This is from a government that says that it is into lowering taxes while at the same time it increases them. If raising taxes for the travelling public were not enough, it is also seeking to finish off the completion of the hated HST for Ontario and British Columbia, thereby putting it on any duties or any transactions that Canadians have when dealing with brokers. Buying mutual funds will now see further taxation from the government.

Is there any debate allowed about this? Is there any free and standing vote on this particular issue? Of course not, because it is a take-it-or-leave-it bill. It is 900 pages of a threat from the government, 900 pages saying to the Parliament of Canada and the people of Canada that if we do not like the idea of selling AECL without a debate, that is too bad for us, if we do not like an increase in taxes when buying a plane ticket, that is tough for us, and if we do not like the HST in Ontario or British Columbia, that is tough.

We see that type of political arrogance even within British Columbia right now. We are finding out today that every provincial riding in British Columbia have signed up enough citizens to a petition to revoke the HST. What is the arrogant response from the government and that in British Columbia? They do not care. They simply do not care about the functioning of democracy.

We have recall legislation in British Columbia that allows citizens to stand up, and it is a very high threshold, a very high bar to achieve, and British Columbians appear to be achieving it. Now that they have gone through all that work and all the volunteers out canvassing, and I am one of them who goes out and asks people to sign on, we find out that the government does not care about something called democracy, it does not care about representation and our voice mattering because it will ram the HST through anyway with no debate, no discussion, no voice for common people.

It has often been said that the best disinfectant is sunlight and we believe that to be very true when it comes to Bill C-9. We New Democrats have a proposition. With Democrat built right into our name, we like democracy. We like the idea of debate and free votes. We have said that we should take out the parts that need to be taken out and then have a debate about them. We implore other members in this House to see the wisdom of having a fair and free discussion on the elements of this bill.

Ramming everything it could think of into 900 pages of one bill and then making an election threat is not an accountable, transparent and humble government. That is a government that says that the will of the people matters little or not at all. That is disastrous, not just for the political fortunes of its party, which concerns me not, but for the fundamentals of how this place is meant to operate, which is that when we have a debate about something, we put it in legislation and bring it before the House. The government could do that with any of these pieces that it feels so proud of that it has to hide behind in Bill C-9.

We have simply said that, whether it comes to employment insurance, environmental protections, the National Energy Board, the airport tax, the HST and all of the other things rammed into this bill, the government must do the right thing and separate them out.

My last point is around the National Energy Board.

At a time when we are seeing a disaster taking place in the gulf, the President of the United States today saying that deregulation had failed them, that companies monitoring themselves was a bad idea, we see in Bill C-9 that the government is moving in the opposite direction, moving to more deregulation. It would give the Minister of the Environment the divine powers to decide what, if any, projects in the country get an environmental assessment at all. The minister can simply, by writ, decide that there is no environmental risk posed, in his or her own fictional or imaginary world, and, therefore, no environmental assessment happens.

We have learned that we need environmental protections, not just to save the environment but also to protect the communities and the economies on which we rely. This is not an economy versus environment debate and the government needs to realize that. It should allow the breakage of this bill, allow it to be separated so we can have a true and honest discussion, with witnesses and evidence, and allow the vote to stand freely and fairly. That is what a democratic government should do and that is what the government should do.

The House resumed from May 26 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.

Business of the HouseOral Questions

May 27th, 2010 / 3:10 p.m.
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Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, I am also well aware of the rules, and the rules for the Thursday question require a very succinct question about the upcoming agenda of the government, and the government House leader is supposed to be bound by those same rules as I understand them. On this side of the House at least, we always want to respect the rules of the House of Commons.

To be very brief in my response, I think I have answered that question repeatedly. We will not allow our political staff to be dragged before standing committees where the opposition coalition holds a majority of members and be subjected to the type of abuse we have seen. On behalf of those staff, I would point out that anyone who wants to research this issue can find it in the Hansard of the standing committees. Many of those meetings were televised. Members can see the type of abuse that opposition members of Parliament subjected those staff members to. Many of these staff members are very young people, oftentimes in their mid to late twenties. To be subjected to that type of abuse is completely shameful. It is intolerable and unacceptable. Our ministers will assume their responsibilities yet again and will be appearing at committees when there are questions to be asked of their departments and their staff. So I hope I have put that to rest.

On another issue I have raised a couple of times in question period, when it has come up, is the absolute hypocrisy of the Liberal Party in asking these types of questions of staff members and yet filibustering the government operations committee to prevent their own member of Parliament, the MP for Scarborough—Rouge River, from testifying and answering valid questions about his connection with a law firm that advertised on its website that the member could make “valuable contributions to [its] clients includ[ing] acting for foreign and offshore organizations in obtaining operating licenses, securing regulatory and governmental approvals for mergers and acquisitions, reviewing policies and conduct of Canadian Security Intelligence Services”—I repeat, “Security Intelligence Services”, Mr. Speaker—[and] advising bodies on international issues regarding cross border tax collection”. And it goes on and on about the services the member could provide in the form of lobbying. Yet the member was prevented from testifying today by the Liberal members on that committee, who wanted to filibuster.

This is a member of Parliament and it is the same standing committee that is supposedly looking into the alleged lobbying issues of a former member of Parliament, who has appeared at that committee and testified. At least he had the courage to do that, which is more than the member for Scarborough—Rouge River has done.

On the issue we are supposed to be discussing, the agenda looking forward to the next week of the House of Commons, today we will resume the debate on the report stage motions on Bill C-9, Jobs and Economic Growth Act. As we heard in question period, that is the much anticipated budget bill of the government.

This evening in committee of the whole, we will consider the estimates for the Department of National Defence.

Tomorrow will be an allotted day.

Next week, if necessary, we will continue the debate on Bill C-9, followed by debate on Bill C-23, Eliminating Pardons for Serious Crimes Act. We will have as backup bills, Bill C-10, Constitution Act, 2010 (Senate term limits) and Bill S-2, Protecting Victims From Sex Offenders Act.

As I mentioned in reply to the Thursday question last week, Monday, May 31 has been designated as the day to consider the main estimates of the Department of Natural Resources in committee of the whole.

Finally, Tuesday, June 1, shall be an allotted day.

Motions in AmendmentJobs and Economic Growth ActGovernment Orders

May 26th, 2010 / 5:25 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I wish I could say it is a pleasure to speak to Bill C-9, but unfortunately we are looking at nearly 900 pages that represent a travesty of justice, and a basic and fundamental attack on the democratic principles on which this place is built.

We find within these pages what some have called a Trojan Horse of a bill. We find everything in the way of a laundry list that the Conservatives want to move through but cannot, in part because they keep shutting down the House and killing their own legislation, and partly because the measures rammed into this bill are unpopular. The Conservatives have threatened an election and have told Canadians to just stick it. They have not provided the option of a democratic and open debate about some of the most fundamental things in front of us.

We know that in this cloak of secrecy the government is going to be raising taxes for the travelling public at airports. It is seeking to gut environmental legislation, which my hon. colleague from Edmonton so eloquently spoke of just recently.

The government is seeking in an omnibus format to cobble together whatever it has at hand to give the Minister of the Environment discretionary, almost divine powers, to decide what deserves an environmental assessment and what does not. Somehow he will know in advance what is going to cause environmental damage and what will not, ignoring the fact that the idea behind an environmental assessment is the understanding of what the damage may or may not be. That is why we put the criteria in there in the first place.

We are paying for industrial projects that went wrong years ago: old mines, abandoned oil shafts. We said that we would learn from all of these things, that we would take account of all of these things before we built, so we would know what the effects would actually be on the environment.

What is in the budget affects real lives and has real consequences for our country. It is a shame and a sham that the government pretends to be accountable, pretends to care about the principles of democracy, while on the other hand does this.

Just recently, more than 130 workers from AECL came to this place to be recognized, to ask government members if they would be allowed a free and democratic debate and vote on the sale of AECL, Canada's largest crown corporation, and into which the Canadian public has put more than $22 billion over the years. Instead, where do we find the sale of AECL? We find it buried in the pages of this Trojan Horse, buried in this omnibus bill. We are allowed no debate, no discussion. There is no democracy from the government.

I sat with those 130 workers after question period. I talked to them and listened to their questions. They are worried, concerned, fearful, and most of all, they disbelieve that a government that ran on such principles as transparency and accountability and the fundamentals of democracy could be so opposed to them in practise. Words do not match the actual actions of the government.

It is often said that the best disinfectant is sun light. We need to bring this out in to the light. That is why New Democrats are proposing today to split this bill, expose it, have the debate, have the parliamentary discussion, and bring democracy back to the House of Commons.

Motions in AmendmentJobs and Economic Growth ActGovernment Orders

May 26th, 2010 / 5:20 p.m.
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Bloc

Roger Pomerleau Bloc Drummond, QC

Mr. Speaker, I was listening to my two colleagues who talked about Bill C-9. It is clear that this is an omnibus bill in which we find a million completely different elements lumped together that should each be presented individually. When my colleague talked about security taxes, she pointed out—quite well in fact—the unbelievable number of unanswered questions in this bill.

My colleague who just spoke raised some extremely controversial things in this bill that need to be thoroughly examined. However, they are tucked into a bill that has to do with the budget, which automatically requires a confidence vote. For that reason, many people will hesitate to vote against it. In short, the bill might not be good, but it will be hard to vote against. That is not so for us, but it may be for others.

Is this not completely anti-democratic? Should the elected members not have enough room to manoeuvre and the necessary information to determine the value of the bill? Could my colleague say a few words about that?