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.

Motions in AmendmentJobs and Economic Growth ActGovernment Orders

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

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, during the presentation by the officials on Bill C-9, the question was raised about whether there was a move that would place economic objectives ahead of environmental objectives. That point was raised in the context that the provisions in Bill C-9 would permit the currently required environmental assessments to be waived or not be done simply because of the timing of other economic activity going on that the government would like to have proceed. That is what spawned the question about whether this was an issue where economic priorities trumped environmental priorities, and it is very troubling to me.

I am not sure what it says about government accountability, transparency, openness, public consultation, due process and matters like due diligence that we are required to have, but it would appear to me that the member's arguments are quite valid. I would be interested to know whether she feels there has been due diligence in the finance committee by members of Parliament.

Motions in AmendmentJobs and Economic Growth ActGovernment Orders

May 26th, 2010 / 5:10 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I rise in the House today to ask for the deletion of part 19 and part 20 of Bill C-9. Those make up our Motions Nos. 16 to 18 and 19 to 38.

I bring forward this motion for the deletion of those parts of the bill for twofold reasons, which I have spoken to previously in the House. The twofold reasons are both for process of the making of law in this nation and on the substantive measures.

We have heard from Canadians from community to community and ocean to ocean opposing this measure. We have heard it from farm communities, environmental organizations and a long list of first nations organizations. They are absolutely appalled that for the second time the government has chosen, through a budget bill, to make substantive changes to the long-treasured Canadian Environmental Assessment Act.

There was absolutely no consultation in advance, despite the fact that for almost three decades the government has had in place a regulatory advisory committee on the Canadian Environmental Assessment Act. This group has not even been convened for a year and a half, so the government chose to completely ignore a long-established committee, actually established by the Conservatives, and chose to do it through a budget bill to make it a non-confidence vote. It then referred the matter to the wrong committee, not that many members of the finance committee are not fully capable of reviewing any statute. However, as the House is well advised, the Canadian Environmental Assessment Act already requires by law that it be reviewed at a set date, and that matter is already scheduled before the parliamentary committee on environment and sustainable development.

The government made a decision to completely short-circuit public consultation, violate its own legal provisions and show complete disrespect for the committee that had already made itself apprised of the matter and was trying to move forward as expeditiously as possible. Why is that? It is because this act has been before the parliamentary committee on environment and sustainable development before. Therefore, to ensure a consistent review, it made sense, since the committee looked at the act at its inception, to give it the opportunity to continuously do the review and to accord the opportunity to any stakeholder from industry, the public or the first nations to come forward and give their opinions on the proposed amendments.

First and foremost, Canadians have come out strongly in the same way they did in last year's budget bill, where the government emasculated the Navigable Waters Protection Act. Last time, it took a knife to federal environmental law. This time, it took an axe. It swung an axe on an act that all Canadians, from industry, provincial governments, territorial governments, first nations governments, environmental organizations, community-based organizations, farm organizations and fishery organizations, have had a say for many years in developing what they consider to be a strong act, which governments after governments have lauded around the world.

In one fell swoop, the government decided to go against due process, against the democratic process, which the government is bound by and committed to under the North American Agreement on Environmental Cooperation, to provide advance notice and an opportunity to comment by any person in North America to any new environmental law policy. It completely ignored a document it is bound by.

The government talks all the time about how it is working in common with North America and how we should look at things in North America and yet it has completely violated the very agreement it has signed and decided just to throw it into a budget bill.

I have had submissions from a number of people. The finance committee heard submissions from a number of people across the country castigating the government for doing this and asking that the finance committee move these measures over to the environment committee.

As far as substance, what is done in this bill is absolutely reprehensible. Contrary to what the minister has firmly asserted in the House, equal rights are not provided to the public who may have concerns and want to intervene in the review of major projects.

In part 19, the National Energy Board and the Nuclear Safety and Control Act are given the discretion to think about whether they might provide participant funding if somebody asks. That completely goes against what is provided for in the Canadian Environmental Assessment Act where, if they are going ahead with a comprehensive review, they must provide intervenor funding. That is not equal treatment under the law. It is giving lesser rights to those who are dealing with major nuclear facilities and major oil and gas activity.

On the substantive measures, the government has taken the Supreme Court of Canada ruling and completely undermined it by giving the Minister of the Environment total discretion to decide to narrow the scope of the review of a project. This goes against the understanding around the world of why we do environmental assessments and, if we are doing a comprehensive review, why we need to look at the whole scope of a project. It unilaterally gives complete discretion to the minister to decide to narrow the scope, overturning the Supreme Court of Canada decision.

What this part of Bill C-9 would also do is exempt a vast number of projects that would be funded by Infrastructure Canada before the government even undertakes the process of deciding whether there will be any significant environmental impacts. It gives a little option to the minister after the fact to say that maybe the minister will unexempt the exemption if he or she find there are significant environmental impacts, but how would the minister to do that if he or she has already exempted them all.

Huge concerns have been raised about this project. I want to share with the House some of the testimony by the people who have come before the finance committee to object to this matter being reviewed by the finance committee and being put through in the budget bill.

Mrs. Arlene Kwasniak, who is a respected environmental law scholar at the University of Calgary law school, said:

I would like to suggest that there has been a recent demise in consultations having to do with the CEAA and an avoidance of the legislative requirement for consultations for substantive changes.

...this provision opens the door for uneven and unfair application of the CEAA. There are no statutory conditions governing the exercise of the minister's discretion....

In the Speech from the Throne and the budget bill this year, the government said that the very reason it was going to streamline environmental regulation and environmental assessments was to provide legal certainty and we have these legal scholars saying that the last thing the bill would do is provide legal certainty.

Mr. Richard Lindgren, counsel for the Canadian Environmental Law Association, said:

Based on our experience and our public interest perspective, we have very serious and fundamental concerns about the Bill C-9 proposals to amend CEAA. [...] CELA objects to the process that's being used to enact these amendments. In our opinion, proposed changes to CEAA should not be buried in a budget bill. Instead, any proposed amendments to the act should be brought forward and proceeded with as stand-alone legislation that's subject to full parliamentary debate and meaningful public consultation, neither of which has occurred in this case to this point.

The second objection was the timing of the proposed amendments. He goes on to describe it and said:

As the committee is aware, these amendments have been introduced just as the mandatory seven-year review of CEAA is about to commence.

I could also quote from the letter from Mr. Ron Plain, the Aamjiwnaang First Nation and about 20 other first nations from across the country. They are requesting that the government withdraw part 20 of Bill C-9 which deals with CEAA until they have engaged in a meaningful consultation process to address first nations interests in maintaining a rigorous environmental assessment process federally that will ensure proper consultation and accommodation of their constitutionally protected interests.

They wish to stress that the lack of consultation on Bill C-9 to date is inconsistent with article 19 of the UN Declaration on the Rights of Indigenous Peoples which requires:

States shall consult and cooperate in good faith with the indigenous peoples...to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

They state that many industrial and infrastructure projects impact aboriginal interests and, given that the federal government has a fiduciary relationship with first nations people, it is questionable that the government would seek power to scope industrial projects narrowly and to entirely exempt infrastructure projects without first consulting aboriginal peoples. The honour of the Crown's duty needs to be fulfilled through a meaningful consultation process on this critical portion of Bill C-9 before it is enacted.

All of those people have said that they want to have these provisions removed from the budget bill.

Even the Senate committee, which reviewed this bill, recommended that the government not do this kind of process a second time, that budget bills should deal with financial matters and that they should not be the mechanism for dealing with substantive major amendments to federal laws. That was also endorsed by a majority recommendation of the parliamentary finance committee on reviewing the last bill.

It is critical that the House support my motion to separate out and delete parts 19 and 20 so we can have a proper review in consultation with all affected groups.

Motions in AmendmentJobs and Economic Growth ActGovernment Orders

May 26th, 2010 / 5:05 p.m.
See context

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I thank the member for trying to deal with a whole grouping of report stage motions.

The point here and I am sure we are going to hear a lot about it, is that the budget implementation bill, Bill C-9, includes a large number of items which were not in the budget speech nor in the budget document itself. There were some concerns expressed at the presentation the finance officials gave on Bill C-9. The air travellers security charge was one as was the elimination of the need for environmental assessments. The one that caught my eye, and I know the finance committee looked at it, deals with the possibility of privatizing some of AECL's assets.

In addition to the concerns regarding the air travellers security charge which the member has very legitimately raised, I wonder whether she could inform the House of approximately how many items in Bill C-9 are add-ons or have been slipped in outside of what was presented to the House in the budget. Were these items given due consideration at the finance committee when Bill C-9 was being considered?

Motions in AmendmentJobs and Economic Growth ActGovernment Orders

May 26th, 2010 / 4:55 p.m.
See context

NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I am pleased to participate in the debate on the motions before us today. Mr. Speaker, as you just read out, there are 62 motions and now I find myself in the position where 49 of them are grouped into one slot of debate. I only have 10 minutes to speak this afternoon, so I will restrict my speech to two clauses in particular, clauses 96 and 97 of the bill, and I will let my colleagues speak to some of the others.

Clauses 96 and 97 of Bill C-9 before us today must be deleted because they pave the way for a massive increase in the air travellers security charge, the ATSC. Together they form just one of six pieces of business that have absolutely no place in this bill.

The omnibus budget bill is almost 900 pages long. It includes 24 parts with more than 2,200 sections. It is subject to one debate at second reading, another at third reading in each house, plus scrutiny by only one committee in each house. Those limitations mean that members of this House cannot possibly do justice to the varied, far-reaching and fundamental changes proposed in this legislation.

The inescapable conclusion is that the government is trying to bury deep in its budget legislation all manner of nefarious, unwise and unpopular pet projects. In bundling these unrelated measures into just one bill, the government's propensity to stifle debate and silence its critics reaches a new low. The huge and indefensible increases to the air travellers security charge included in this omnibus bill is another example of bad public policy being rushed through the House with as little scrutiny as possible.

Canada's security charge was extraordinarily high even before this proposed increase. In 2008 the Air Transport Association of Canada conducted a survey to rank the security fees charged by 175 governments at airports worldwide and found that Canada's security charge was the second highest, second only to that in the Netherlands. It is widely believed that with these increases we will have the dubious distinction of having the highest costs in the world and yet there is absolutely no evidence that we will be any safer.

The international fee alone is set to increase a whopping 52%, from $17 to $25.91. In the United States, the international security charge is $5. It is a simple question. On what basis can the government justify imposing the highest costs in the world on Canadian air travellers? What can possibly justify a 50% increase in the air travellers security charge when the existing tax is already yielding a surplus?

Let me add that while it seems clear the existing security charge yields a surplus, we cannot know for certain what is happening to those tax dollars because the audited information that Canadians are entitled to is simply not available. The last report by the Auditor General on the security charge dates back to 2004-05. The lack of accountability for taxpayer dollars is unacceptable.

However, the Air Transport Association of Canada has conducted its own study in the absence of audited information. Let me quote from ATAC president and CEO John McKenna's recent testimony before the Standing Committee on Finance:

We looked at the numbers supplied by CATSA [the Canadian Air Transportation Security Agency] and Statistics Canada.

Our estimates are based on the 48 million passengers screened by CATSA in 89 Canadian airports during fiscal year 2008-09. The numbers put forth by CATSA concur with Statistics Canada reports of 108 million passengers emplaned or deplaned during calendar year 2008, with some 54 million departing passengers, CATSA's clientele. Statistics Canada indicates that 62.9% of these passengers were on domestic flights, 19.5% were on transborder flights, and 17.6% were on international flights.

Based on these numbers, it becomes a simple exercise to estimate the revenues generated by the ATSC [the air travellers security charge]. The spreadsheet that we handed out suggests that revenues generated by the ATSC well exceed CATSA appropriation, even before the increase [in the ATSC]. Based on these calculations, [what the ATSC collected in 2008-09] more than $70 million was retained as general revenue by the Government of Canada and not used to fund CATSA.

Once the increases in the ATSC have been factored in, and considering the budget allocation for CATSA of $1.5 billion over the next five years, the revenues generated by the ATSC will produce an annual surplus of over $330 million.

That is 330 million taxpayers' dollars every year for five years quite unaccounted for.

Where is the surplus? Is the surplus being quietly moved to general revenue? Why is the government imposing a massive tax hike on the travelling public when the fund is already in surplus? How does the government intend to spend the burgeoning surplus it is now asking Canadians to finance? Is the government seriously trying to tell Canadians that it has delivered a no new taxes budget when it in fact includes a massive and unnecessary tax increase for the travelling public?

CATSA is responsible for implementing new security measures but does not do any threat assessment whatsoever. That is the purview of either the RCMP or CSIS. How much of the security charge generated revenues go to Transport Canada? How much goes to the RCMP or CSIS? Canadians have a right to know. As the Air Transport Association of Canada pointed out to the Standing Committee on Finance, Canadians do not need more layers of security; they need more effective security, better security.

Is the government simply going to increase the security charge every time a security loophole is discovered, or is it going to make air travel safer for Canadians by taking a comprehensive look at security procedures? Will security measures simply accumulate, or will the government look to developing and implementing a more efficient single step screening process aimed at improving security, reducing the number of screening stages and the time and personnel required to process passengers?

Anyone who has travelled by air knows that the inefficiency of current security practices is a serious problem, but the government continues to take a piecemeal approach to security, adding ad hoc security measures in response to isolated incidents. New Democrats believe that Canadian aviation security planning should include a comprehensive security assessment that is informed by past incidents but also looks forward. We must identify sensitive areas that could be subject to attack and implement proper security measures and response procedures to address these threats.

We must review our response systems and airport architectural design to allow security to efficiently and effectively deal with security threats with a lesser impact on airport operations.

We must develop better coordination and information sharing between intelligence agencies and airport security that would allow security personnel to actively search for potential threats and prepare response scenarios while at the same time protecting privacy rights.

Canadians want the government to develop a security system that truly protects travellers, that is designed specifically for the Canadian context, and that reflects our own needs in light of the security threat in this country.

As well, CATSA's performance must be measured against agencies that perform the same work in other jurisdictions. How does CATSA's performance stack up from an economic perspective? Are we getting value for our money? If we are, how does the government know that? What evidence has been gathered to evaluate CATSA's performance and where can the public get that information? Where is the public review of CATSA and its finances that the government promised last year?

Rather than visit massive tax increases on Canadian travellers for little or no discernible benefit, the government would have been well advised to support the private member's bill introduced by my colleague from Elmwood—Transcona. The act to provide certain rights to air passengers included a passengers' bill of rights and introduced measures on compensation for over-booked flights, unreasonable tarmac delays, cancelled flights, the concern for late and misplaced luggage, and addressed all-inclusive pricing by airline companies in their advertising.

The legislation was inspired by a European Union law where overbookings have dropped significantly. Air Canada is already operating under the European laws for its flights in Europe. Why should an Air Canada customer receive better treatment in Europe than in Canada?

The bill of rights would have ensured that passengers were kept informed of flight changes, whether they were delays or cancellations. The new rules would have been posted in the airports, and airlines would have had to inform passengers of their rights and the process to file for compensation.

These are the types of changes Canadian consumers want from their government. Instead, we have a tax hike with no commensurate increase in safety, security or convenience.

The government is asking us to approve a massive tax increase when it promised there would be none. The government offers no rationale for that increase, no explanation of why we should move from the second highest cost security charge jurisdiction on the planet to the first. There appears to be a huge surplus in the security charge fund, but we cannot be sure exactly how much, where it goes, or how it is spent.

Canadians have no idea whether the agency responsible for their safety operates efficiently or effectively. Canadians are being asked to pay more with no indication of better service. All this is buried in a budget bill that, because of the government's almost paranoid fear of scrutiny, will not see the oversight and review that Canadians need and want.

It is for all of those reasons that I was proud, on behalf of the entire NDP caucus, to move the deletion of all sections in Bill C-9 that deal with the air travellers security charge.

The House proceeded to the 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.

Foreign InvestmentOral Questions

May 26th, 2010 / 3 p.m.
See context

Mégantic—L'Érable Québec

Conservative

Christian Paradis ConservativeMinister of Natural Resources

Mr. Speaker, one thing is for sure: everyone agrees that AECL needs to be restructured now so that we can ensure the viability of the nuclear industry in Canada and abroad, and so that we can share our expertise and create high-level jobs. We must also take fewer financial risks for taxpayers. That is why we are looking for strategic investments.

I urge the opposition to pass Bill C-9 so that we can do this right.

An Action Plan for the National Capital CommissionGovernment Orders

May 25th, 2010 / 4:50 p.m.
See context

Liberal

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

Mr. Speaker, I would like to point out that in the background information we received from the department, the following was said:

The NCC must manage its properties in accordance with principles of responsible environmental stewardship.

The government talks about that quite a bit. Bill C-9 talks about streamlining the environmental processes and vetting projects through environmental screenings; but in this particular situation, is that going to change in the next little while? Does the master plan look after that? Is he not concerned about that?

I know he has spoken passionately about this issue for quite some time. The government seems to be talking a lot about it, but there does not seem to be a lot of meat to it. I was wondering if the hon. member could address that.

Furthermore, although it is said that that the 50-year plan will be renewed every 10 years and be tabled in the House, does the hon. member not think that we should also vet that plan in some formalized debate?

Nuclear Liability and Compensation ActGovernment Orders

May 14th, 2010 / 1 p.m.
See context

Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Mr. Speaker, I want to congratulate the hon. member for Elmwood—Transcona on his speech. He is quite involved in a number of different bills. However, I missed part of his presentation.

Since we are talking about Bill C-15, An Act respecting civil liability and compensation for damage in case of a nuclear incident, I would like to ask him whether he touched on Bill C-9, on budget implementation. If not, I would like him to say a few words about it.

Since that is an omnibus bill, the sale of Atomic Energy of Canada Limited assets also just happens to be included in it. Tendering has begun on the sale of AECL's reactor business. I wonder whether the hon. member has studied this issue within the bill we are currently studying, in terms of liability. Are we sure that liability for the reactors will be transferred to the potential buyer? What are his thoughts on this?

FinanceCommittees of the HouseRoutine Proceedings

May 14th, 2010 / 12:20 p.m.
See context

Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Mr. Speaker, I have the honour to present, in both official languages, the first report of the Standing Committee on Finance on Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, the Jobs and Economic Growth Act. The committee examined the bill and has agreed to report it without amendment.

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 4:50 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Madam Speaker, I think the member has pointed out some very important realities in her question. First and foremost is that we have a government that runs away. It runs away from its obligations when faced with any kind of situation. It prorogues and leaves the members of Parliament without the forum in which to discuss the kind of issues our country is facing.

In terms of Bill C-9 and the tax loopholes, I do not believe the government has any interest at all in closing those loopholes. In fact, I would say these loopholes have been deliberately created for the very people who support the government, who go to fundraisers for the government and who manage to support it in terms of the election and re-election campaigns. These are the very loopholes that undermine and eat away at our ability as a nation to do things for the people of this nation, which they deserve.

If we look at budget 2010, and I hope I can remember this accurately, currently corporations account for about $27 billion in taxes, and individuals, ordinary men and women, the people who work hard every day, pay $116.7 billion in taxes. By 2015, corporations will be up to something like $29 billion and the people of Canada, those hardworking individuals, will be paying $156 billion in individual taxes.

This is hardly fair. This is hardly the kind of tax system we should have. We need fair taxes. We need to abandon the practices of the past where we saw a Liberal prime minister, Paul Martin, give $100 billion in tax giveaways to profitable corporations and the current government give away $60 billion and in fact, in January 2010, an additional $1.5 billion in largesse.

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 4:50 p.m.
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Bloc

Meili Faille Bloc Vaudreuil—Soulanges, QC

Madam Speaker, I completely agree with my colleague, who pointed out that Bill S-3 is a large bill, and that we must examine it thoroughly. I remind members of the initiatives that were introduced by the government, for example, in Bill C-9. The government opened loopholes in the Income Tax Act to allow corporations that are not registered in Canada to avoid paying their fair share of taxes. The Bloc Québécois also introduced a number of initiatives to combat tax evasion. Every time, something happened in Parliament, with prorogations or elections, and our bills died on the order paper. The Bloc Québécois also tabled some provisions to combat tax evasion that were not passed by the House.

I would like the member to share with us some real solutions for combatting tax evasion.

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 3:50 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, it is encouraging to hear my colleague from Winnipeg talk about the implications of tax policy, with having done so much research on it, because those implications affect so much of what we do in this place, primarily the government's ability and willingness to collect taxes fairly across the country. Are there special understandings within the political class here, the cabinet, and those families that can even afford to even consider things like tax havens?

I suspect that most Canadians watching this have not contemplated with their families around the dinner table what to do with their tax haven structures this year. Most Canadians are struggling to make ends meet and pay their fair share of taxes, and are willing to do so, but it is when they hear stories of the excessively rich families in Canada making a certain amount of money, wanting to avoid taxes and then skipping town, essentially.

Some of these same folks end up getting a little pin on their lapels or the Order of Canada from prime ministers for their great and dutiful work for Canadians. The irony and the hypocrisy in that alone smacks so hard against Canadian values.

Bill S-3 is a bill that has come forward from the Senate. It is great to know that every once in a while the senators rouse themselves from their afternoon naps and produce something. However, it is a bill that does not necessarily mean a lot in its particulars but, in general, has implications for all of us.

In Bill S-3, as my friend from Winnipeg said, the government quite intentionally included a country that may cause problems, because it is trying to do a free trade deal with Colombia right now and now it is slipping it into this taxation bill. It is striking to me and to others why these three particular countries are locked together and why it is of interest to the government to include such diverse economies together into one piece, but the government has chosen to do that so we must work with that.

The issue that is in front of us is how to deal with this bill. The NDP has suggested, quite rightly, that the bill should be split, that it should be broken up into its contingent parts so we can deal with each reality on its own. The government at this point has refused that, but let us look at the pattern of how the government operates when it comes to making legislation and the role of the government.

Right now at the finance committee, members are dealing with Bill C-9, which, by all measures and accounts, is a Trojan Horse bill. It is supposed to be a budget bill but it is an omnibus bill, which means that it includes a whole bunch of different pieces. The government has included things like raising airport taxes and the selling off of Atomic Energy of Canada Limited, the largest crown corporation in this country. It is the nuclear industry. It has also included a watering down of environmental regulations on, of all things, the oil and gas industry, which is quite ironic to think about doing that right now. All of these things are embedded into a piece of legislation that is meant to be a budget bill, a finance bill. That is a cynical form of politics. It is a form of politics that says that it does not want to debate these things on their merits.

Let us just take one of those pieces as an example, the selling of AECL. Canadians, over the 50 years of this crown corporation existing, have put somewhere north of $21 billion into it to develop the nuclear industry here in Canada, both on the energy side and creating isotopes. That is a lot of money. What else could have been done with $21 billion? However, here we are and the money has been put in.

It actually says in legislation that was crafted in this place that in order to sell or break up AECL, the government must bring a bill before the House for debate. That makes sense. That is reasonable. That is what every other country around the world does. However, rather than debate the sale of AECL or how to break it up, or any of these other things, the government instead has slipped it into a budget bill and has said that it is a matter of confidence.

It also tacked in this thing about raising taxes at airports. This is from a government that is constantly claiming that it is cutting taxes. It is becoming laughable because at the same time it is raising them, like the HST.

I am a member from British Columbia and I was just at our first farmers' market in Terrace, B.C. this weekend. I manned the HST booth for a couple of hours and heard from constituents in British Columbia how frustrated they are that when they flick on the evening news they hear Conservative minister after minister talk about their glorious tax cuts, when they know in British Columbia and in Ontario that they are moving the HST onto the backs of hard-working families who will pay more taxes.

It was a tax that was brought in by a British Columbia premier who promised not to do it. The Conservatives pretend they had nothing to do with it, forgetting that their fingerprints are all over a $1.6 billion bribe that they sent to Ontario. The government took $1.5 billion from taxpayers to bribe another level of government to raise taxes on those same taxpayers. This is the way the Conservative government cuts taxes.

It is unbelievable that those guys can still walk upright and claim the high moral ground on taxation when they took $1.5 billion and slipped it into a budget bill to raise taxes in British Columbia and another $3.5 billion or so to Ontario. That is remarkable.

What is remarkable is that the folks who were coming up to us at this farmers market were from all political persuasions. Folks from across the political spectrum were saying that whether it was this type of tax or another type of tax, the process stunk. They were signing a petition so a free and fair vote could be held in British Columbia to decide things.

Bill S-3 is another effort at talking about things without actually doing anything. We have asked for evidence from the government about the effect of these treaties. The government has signed, I believe, 87 agreements. The Conservatives think they are great free traders because they have signed these agreements. They say that they are fantastic, thereby implying that something actually has changed in the world.

It must have cost a lot of money to print 87 treaties, never mind sending negotiators all over the world to make these things happen. These things are not free. We have invested in these things. We are asking for a return on our investment.

We want to know what has changed in tax policy. Have we caught those folks who take their money offshore to a tax haven? Have we recovered any funds from the people who have earned their money from investments by Canadians and then skipped town before the bill is due? The government has not provided any evidence.

This leads one to some suspicions. This is again the portrayal of action without anything actually changing. This is a level of government of which people are growing increasingly tired. If the government is going to do something, then it should do it.

I come from a remote rural part of northern British Columbia. When somebody says he or she is going to do something, often it is a handshake and the agreement is made. Then we go forth and do it.

To set up all these agreements with no evidence as to whether they work or not, or which kind work better for which situation, is governance by a certain ideology rather than governance by any kind of thoughtfulness and debate.

With this bill, the government is lumping three countries together so it can get the numbers up. It is signing more treaties, all the while refusing a fundamental principle of trade, which has been evolving, growing and maturing around the world for the last 50 years.

That is the counter to the free trade ideology. We can trade with other partner countries but we have to do it fairly. Everybody knows that nothing is free in this world. Even the terminology free trade must sound good, it must mean good things. However, when we ask about fair trade, when we ask about trade that is on good terms with our trading partners, that would improve working standards, that would take care of the environment, that would ensure we do not support regimes that we would never tolerate here, the government is silent. It is not interested in those types of trade agreements, and we see that with Colombia.

Our member for Burnaby—New Westminster has been pushing hard to get some sort of review of the human rights situation in Colombia. He has made some progress with members after a massive campaign involving thousands of Canadians. They would like to know that their trading partners are living up to some sort of standards, some sort of requirement, for the privilege of trading.

That is how trade works. It is a privileged status. It is not a right. Countries do not trade with each other based on any fundamental rights. Countries trade as a privilege. It is the same with operating a business. It is not a right to operate a business in Canada. It is a privilege. One has to follow certain rules and those rules cannot be broken.

If someone ducks out on taxes, the government comes after that individual, and rightly so, except for a particular class of Canadians. When we get into the billions of dollars, suddenly a whole new set of rules apply. People go to what is called a tax haven, and tax havens, as has been described earlier today, are set up by countries that have a skeleton of a banking sector. They are often islands. They are often very small countries, sometimes democratic, sometimes not. The list of prestigious Canadian families who have their money socked away in these tax havens is astounding.

We see it time and time again, whether it is Liberal or Conservative governments. A little private meeting goes on and Revenue Canada says that is all right. We saw it with a former prime minister, for goodness sake, who got caught evading taxes. It was Brian Mulroney, a Conservative. Those folks used to know him, then they pretended they did not him and now they know him again, I think. What did he do once he got caught. He cut a deal with Revenue Canada. If he paid back a portion of those taxes, it would be satisfied.

I wonder if the government offers that same deal to the average hard-working Canadian taxpayers. If they are having a hard time this year or last year paying their taxes, Revenue Canada will cut them a deal and they will only pay 50%. Of course not. The system would not work that way.

However, when we move up into this upper echelon, if it is a Brian Mulroney, or a Bronfman, or somebody who has some connections to this place, they can cut deals with the government to pay half of the taxes they actually owe. How does that make any sense? How can those guys call themselves fiscally conservative if, at the same time, they allow tax avoidance to go on? How can they be running deficits while, at the same time, taxes owed to the good people of Canada are not paid. The only reason is because there are connections, there is the familiarity, there is a need to have some sort of comfort with certain Canadians who are of a certain wealth.

On the agreements with countries, we hope, as Canadians, that our presence in the world, our ability to connect with other countries is for a betterment of the world. We do not go forth, whether it is through military or diplomacy or trade, hoping to make the world a worse place. Part of our underlying belief as Canadians is that we have accomplished something in our country that is, as some have said, a country that works well in practice but not in theory. We want to be a symbol and an example on certain issues, particularly, for other countries struggling to establish a democratic rule of law, struggling to establish women's rights and rights for minorities, rights for the gay-lesbian community. Canadians feel okay with promoting those things overseas. We hope we do that through our diplomatic core and our military, from time to time.

However, when we look at the free trade ideology coming from the government, all these other issues get short shrift. One wonders if the government even believes that trade is a mechanism and a vehicle for promoting human rights and environmental standards around the world. Conversely, and I think this is much closer to the reality for those guys. The very nature and vision of the role of Canada, the very vision of Canada promoted by the Conservative government is not one that supports human rights. It is not one that supports environmental protection or the rights of first nations people. The reason I can make that strong statement is there is so much proof that the government does not mind cutting access to women's programs. The government does not seem to mind cutting back funding for certain groups that it does not like if their ideology is not right. It does not mind watering down environmental regulations on the oil and gas industry. In fact, the government suggests the oil and gas industry can regulate itself, which might be better.

In committee this morning we heard that our national regulator that governs oil and gas for most of the country, with the exception of Newfoundland and Labrador, had said that it was no good to have these regulations any more, that we should just be goal-oriented in our rules. Let us not have rules, in fact. Let us just have guidelines. Would it be a good idea to just have goal-oriented guidelines for driving regulations or for the safety of our homes and our streets? Of course not. We put regulations in place.

As my father-in-law, who works for a compensation board in British Columbia, says that a lot of the rules and regulations that govern industry for workers' safety are written blood. What he means is those rules were not invented out of nowhere. They were often invented after there had been an accident. In his case, workers' safety, somebody died, or somebody was hurt seriously. They realized they had to change the rules guiding construction, or a certain industry. The had to make them stronger so people could go to work knowing they would come home at the end of the day. That is the principle from where regulations and rules come. There is not a little office of people sitting around Ottawa, not that I am aware of, who make up rules for the sake of it. We make up rules and regulations so they enable good practice to flourish, so they give people a fair opportunity earn a decent buck to be social citizens. There is a social licence to operate that is buried within it.

However, when it comes to the regulations, the government promotes a Canada that does not necessarily belive in this, that industry can self-regulate. If we look to the Gulf of Mexico right now, we see what happens when an industry is given more self-regulation.

This does not always happen in one shot. It happens over time. There is a creep, they call it. It creeps edge by edge. We saw it in the stock market in the U.S. and in Canada. We put rules and guidelines in place to try to contain some of the greed that would be rampant in any stock market, because it is a profitable place to make money. We put those in place because not everybody was very ethical. Some traders want to bend and break rules and rip off their investors. In American, it was the Glass-Steagall act. In Canada, we had a bunch of other stuff, but the creep happened.

Bit by bit, the Americans eroded some of their guidelines. They eroded the rules and decided to do outcome-based guidelines. The outcome-based guideline for the stock market is to make money. If people keep making money, that is all right, but they will not be guided. The invisible hand of the free market will save them at the end of the day.

The marketplace is a magical thing. It can bring billions of dollars into new technology, ideas that spur innovation and that ambition can be allowed to flourish. However, it needs to have some rules and some sort of containment so people who try to do the right thing are rewarded and those who are crooks are thrown in jail. We take away all those regulations and they make guidelines. We make goal-oriented objectives and we get what we get, which is the worst of the worst are able to manipulate the system to their best abilities and make money in unethical ways.

Now we move to trade in Bill S-3, the bill from the Senate. We need to have these tax deals so people are not double taxed. That is a very fine principle. It is something we can support. Then we look at all the existing tax haven countries. Has the government signed any treaties with those countries, the places where people actually set up tax havens?

I have not known Turkey to be a great and rampant source of tax havens for the wealthy and rich around the globe, because it is not. We have the list of the places that are. Transparency International runs a list of the most corrupt regimes every year. Some of those are also the regimes where these tax havens exist. All one has to do is pay somebody off to not pay any taxes in the country, to never have to declare it and to have one board member.

Former Prime Minister Martin ran his whole shipping company under different flags of convenience. Why are they convenient? Because if people have shipping companies like the former Prime Minister of Canada did and they do not want to follow Canadian, American or European law, they fly them under the flags of some backwater African country, which has no rules or regulations for shipping. Therefore, they do not have to stand by any labour or environmental laws because they have this convenient flag flying over their ships.

The problem with the government's ideology on this is it also applies a flag of convenience to its trade policy. It uses trade in a convenient way to accomplish only a very narrow band of things. There are those of us who believe strongly that trade with a country can be an opening of a conversation about improving the conditions for people on both sides of the deal, both Canada and the country with which we are trading.

There is some evidence that this has happened around the world. In the last 25 years, we have seen steady improvements for the lowest-income people across the globe in some regions. However, it is false to think that this just happens naturally and that it is some byproduct that will happen no matter what we do. Very strong evidence exists to show this is the case.

We traded with Iraq during the entire Saddam Hussein regime. We bought its oil. The Americans bought its oil. We did not put a single stipulation in place. We had to drive furiously at a previous Conservative government to get a proper regime set up against South Africa when apartheid existed. We had to make the moral implication. The argument against any trade sanctions against South Africa was that free trade had to reign. That was the most fundamental principle. If we just traded with South Africa, it would eventually let apartheid dissipate.

Of course that was never going to happen. It would still be there today if the world did not get together and say that, as part of human trade, we would insist on human rights. As part of our trade with South Africa, to buy its resources and products, we would insist that it also treated all its citizens with some level of dignity. It was a good moment for the world when we finally decided that. Conservative ideological thinkers were against it. They opposed every step of the way.

We see it again here today. We need good trade policy in Canada. We are a trading nation. We need to shut down tax havens around the world and have people, whatever their social standing, pay their fair share of taxes. It is the right thing to do.

May 13th, 2010 / 3:35 p.m.
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Conservative

The Chair Conservative James Rajotte

I call to order this twentieth meeting of the Standing Committee on Finance. The orders of the day are pursuant to the order of reference of Monday, April 19, 2010: Bill C-9, an act to implement certain provisions of the budget tabled in Parliament on March 4, 2010, and other measures.

This is the clause-by-clause consideration of Bill C-9. Colleagues, we have before us here this afternoon and evening 2,200 clauses, so we have a lot of clauses and work to do.

We did the briefing sessions with officials by part, and there are 24 parts to this bill. So that is how I will proceed, through the different parts of the bill, and then we'll do the schedules, the title, and such.

Clause 1 is the short title, but pursuant to Standing Order 75(1), this is postponed until after, for consideration at the end.

We will start with part 1. The way we will proceed is that I will identify which clauses that refers to, and then I will call for any discussion on any of the clauses within that part.

In part 1, we have clauses 2 to 36, amendments to the Income Tax Act and related acts and regulations.

Is there any discussion?

Mr. Martin, please.

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 1:40 p.m.
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Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Madam Speaker, I thank my colleague for that vast question, which encompasses the responsibilities of all humanity.

In terms of globalization, we could all aim for a healthy balance for all peoples. But the bill that is before us addresses only a small part of the overall problem.

We have to think about the end result of the bill, because taxation in the three countries in question is lower than in Canada. In fact, Bill C-9, which I see as related, allows companies registered in foreign countries to pay tax only in the country where they are registered. That is why I talked earlier about Canada's potential loss of revenue, which needs to be assessed.

If we look at the end result of this bill, I think we will see that these countries may ultimately achieve a net gain. Because taxation is lower there, many companies registered there will benefit in terms of their domestic revenue.

These countries will have to manage this revenue well if they really want to improve their people's welfare.

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 1:35 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Madam Speaker, I find the Conservatives' strategy of cramming several bills into one very curious. They did the same thing with Bill C-9. They put all sorts of things in that bill, but of course it was inappropriate and showed a complete lack of respect for Parliament.

Bill S-3 has to do with Greece and Turkey, two countries that have rather advanced tax systems, and Colombia, where the drug industry rakes in about $90 billion a year in revenues. We know that that industry has close ties to the government.

Does the member believe that it is inappropriate to combine two countries that have relatively advanced tax systems with a country whose government is linked not only to paramilitary groups, of course, but also to the drug industry, which rakes in tens of billions of dollars?