Jobs and Economic Growth Act

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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

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

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

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.

Protecting Victims From Sex Offenders ActGovernment Orders

June 14th, 2010 / 4:15 p.m.


See context

Liberal

Mark Holland Liberal Ajax—Pickering, ON

Madam Speaker, I appreciate the opportunity to speak to the amendments to the Sex Offender Registry. It is not an easy issue to talk about. Any time we talk about sex offences, it is one of those issues that really causes us great personal pain. Whether as parents or as members of the community, when we hear about these offences, we recognize they are some of the most despicable and horrible acts that can happen in our communities. I do not think any member of the House would say that we should not put at the disposal of police officers every tool they possibly can have to stop one of those crimes from happening, to stop there being a victim in the first place.

I am pleased to be generally very supportive of these changes, but I will do something to start that I do not typically do, and that is to quote myself. The reason I will do this will become clear in just a moment:

We the know of the Stephensons, who lost their son, and all the work they did in developing Christopher's law. It has led in Ontario to some very effective legislation, legislation that is used many hundreds of times a day and searched far more than the national registry. The success of that registry underscores the failure of the national registry. When we look at the statistics, and it is hard to believe, the Ontario registry is used four times more in a day than the national registry is used in a year.

I do not think there is any disagreement from anyone in the House that the sex offender registry is in need of modernization and amendment, and I welcome that debate.

The reason I quote myself is because that was almost exactly a year ago in June 2009 when the House had this debate. At that point in time, I made a speech on the necessity of moving forward with then Bill C-34. Everyone was participating in that debate agreed there was a need to move forward expeditiously.

However, we are here after prorogation, after the government killed that bill, to debate it yet again. What is so frustrating about the bill is the government not only short-circuited, through prorogation, the efforts of the House to deal with modernizing the National Sex Offender Registry, but in committee when we had undertaken a mandatory legislative review, as dictated by the government. We cleared our committee calendar. We pushed away all other business. We said that this was important, that we ought to sit down and work on this in a bipartisan way, We did exactly that.

We went over the National Sex Offender Registry. We had witnesses come from across the country and heard their testimony. As we were developing our report for the government, the government short-circuited all of it and tabled its bill without having even the courtesy of listening to the conclusions of the committee before ignoring them. Our committees are used to being ignored, but usually the government has the courtesy of letting the committee table the report before it ignores it. In this case, it did not even wait for that report. The Conservatives stated that the reason they needed to short-circuit our process was the legislation was so urgently needed, it was so desperate to push this forward and have it done, that they could not even wait to hear from the committee.

Then the summer passed, then prorogation and now we have the bill again. They would not wait for the opinion of committee, yet it was okay to prorogue and cancel the bill and now bring it back and talk about it with great urgency yet again, a year later. It shows of pattern behaviour. The government holds a reservoir of crime bills that it puts forward, retracts, puts forward, retracts, prorogues, kills, moves to the House and there is a curious timing with these bills. They seem to coincide with big Conservative problems.

Right now the government is embroiled in a rather large scandal, involving more than $1 billion that is being wasted on G8 and G20 summits. If Conservatives do not want to talk about fake lakes, gazebos, sidewalks to nowhere and some of this colossal waste they have undertaken, they switch to a crime bill and say that we have to deal with it, that it is urgent. They expect everyone is going to forget that they killed their own bill, are reintroducing it, short-circuited committee's process a year ago because they said that it was so urgent.

Canadians are a little smarter than that. They see the game and it is unfortunate because, as I said, these changes should have been made a year ago.

My colleague from Scarborough—Guildwood asked an excellent question to which he did not get an answer just a few moments ago. Why on earth, if all of these bills are so urgent, did the Conservatives not reintroduce them in an omnibus fashion? They did it with the budget, Bill C-9. They put everything but the kitchen sink into the budget bill. Yet when it comes to a crime bill, they have to reintroduce them one at a time, month over month and there is suddenly time to match whatever controversy they happen to be embroiled in at the time. It certainly makes one ask the question of why the Conservatives are introducing these bills when they are. It would seem that they are channel-changers more than genuine attempts to change legislation.

It is important the committee identified a number of items within the sex offender registry that needed change. The bill has now incorporated many of those amendments, now that the government has waited a year and actually listened to what the committee had to say.

One of the provisions in the bill, which is clearly very important, is automatic inclusion, the idea that people who commit offences of a sexual nature be automatically included in the sex offender registry. When we were hearing from those who were involved in creating Christopher's law in Ontario, they told us how important this provision was. We heard that there were roughly 12,000 people, as of last April, on the Ontario sex offender registry. On our entire national registry, there are only 19,000, to give an example. As I mentioned earlier in my speech, it was being used more times in a single day in Ontario than it was being used in a year. Clearly police did not find this registry reliable and automatic inclusion was an important provision with which to move forward.

The second element we heard again and again in the committee testimony was the importance of the ability for the police to use this tool proactively. As an example, if people call in suspicious activity around a school or somebody acting in an odd way that is causing them concern, if police officers are called, they are able to reference that person against the sex offender registry to find out if that person has a history of sexual-based offences. This is something police officers could not do before and it something they said they needed to do. The bill before us today can do that.

The next point is it allows accredited law enforcement agencies to share information. What we do not want to have is silos, where the RCMP is guarding its information, a municipal police force is guarding its information and there is no exchange of data. In that situation, with those silos, there is opportunity for information to be missed, for somebody who should have been recognized or noticed before a crime occurred not to be noticed. That inclusion is important.

Another provision that one would have thought was in there but was clearly a mistake and an oversight was the fact that if somebody committed an offence overseas in another country, he or she would not be included on the National Sex Offender Registry. Clearly this is a huge loophole. We are aware, unfortunately, that sex crimes are very prevalent in certain parts of the world, where people will actually travel to commit sex crimes. It is essential that this information be captured in our national database and that when police search records, it is not just domestic instances that are picked up, but also anything that happened internationally.

Something left out of the bill, which we recommended as a committee a year ago, was vehicle registration and ensuring the licence plate and vehicle were also registered. This was a big omission. Clearly when police officers are trying to ascertain whether there is something amiss, a vehicle with the plates registered to somebody who is a sex offender is very useful information.

None of these items unto themselves necessarily will stop every crime, but we are trying to empower our police officers to the best of our ability, to give them the tools they need to get the job done.

There were a couple of areas throughout the committee hearings that were concerns and to some extent remain concerns. Christopher's law in Ontario includes a very focused list of sex offences that have been very effective when used by police.

We heard from some witnesses that they were concerned with some of the additional lists of sex offences that were included in the sex offender registry, as they could weaken the registry, for example, if someone were charged with an office indiscretion. None of us want to see that sort of behaviour go on. Clearly it needs to be addressed and needs to have justice be served. However, does it make sense for an office indiscretion or for a mistake of a minor nature to land somebody on the sex offender registry? What the police said was this would weaken the sex offender registry by including too many people who were not an imminent threat to their community and therefore lengthening the amount of time police officers had to search through data and information to get at what was relevant.

For expressing and voicing the concern that police had about weakening this registry, one of the hon. members with the Conservative Party labelled me as trying to weaken the sex offender registry on a panel on national television by saying that I was against the sex offender registry. Again, this leads to yet another tool that the Conservatives often use with their crime bills.

If members ask any questions or raise legitimate concerns, concerns that police themselves are asking, the Conservatives try to make it sound as if we are somehow for sex offenders. Nothing, however, could be more patently absurd or intellectually dishonest.

Another issue for which there was concern had to do with judicial discretion, which is tied to the first point that I made. The committee and the Senate made recommendations, which failed, that said that only in the most extraordinary of circumstances, where judges recognized that inclusion in the sex offender registry would be a gross miscarriage of justice, should there be the opportunity for a judge to say no, that it does not make sense to put that person on the list. So, in the rarest of rare circumstances, would a judge be given a modicum of discretion to ensure that only the right people get on that registry.

Again we were attacked for making that point but it is an important one. Policemen say that they would be put into a situation where the discretion would be forced on them to decide whether putting somebody on the sex offender registry would serve society well or be fair to that individual. Suddenly, the discretion is being put on police to make the decision to not to charge that person. Now, somebody who has committed a more minor offence might be in a situation where he or she is not charged at all after having committed the offence. That remains a concern.

In a broader context, there are a couple of other concerns that raise the question of how we deal with victimization before it happens. I was deeply disturbed when I had the opportunity as public safety critic to tour this country and meet with groups, including the Salvation Army, Boys and Girls Clubs and church organizations, that have seen their funding slashed for crime prevention, for the work they do on the front lines to try to stop crime before it happens. This is stuff that often does not get big headlines because, if it is successful, it never turns into a story.

If one has worked really hard at crime prevention, one can wake up one morning in a safer community. There are no headlines and nothing is trumpeted. There are just less victims and less crime. If we strip away all the rhetoric, should not one of the most major goals of government be to ensure communities are more safe, that crime never happens in the first place and that there are no victims to write about?

This slashing of that base infrastructure that communities have to stop crimes before they happen and to break the cycles of violence is deeply distressing because violence does not come out of the ether. It is not something that appears magically. More often than not, people who commit acts of violence have themselves been victims. They are caught in a cycle of victimization where they are playing out the same tragedy over and over again over successive generations.

What is desperately needed is intervention, to provide people with the opportunity to turn their life toward a bright path, particularly when they start to walk down that dark road. Again and again, when we talk to communities about the most important thing we can do to improve community safety, it is that, and yet, by more than half, spending on crime prevention in this country has been slashed and cut while prison spending has skyrocketed, an issue that, if I have time, I will come back to.

The second area of broader concern is the 41% cut to the victims of crime initiative, which is front line work with victims. The Conservatives often try to haul out the most tragic, terrible, awful examples that make all of our stomachs turn, but the reality is that victims cover a whole range. More often than not, very tragically, victims are aboriginal mothers stuck in a violent situation and needing help to get out of it. The victims of crime initiative worked with those victims to empower them and help them.

The victims ombudsman, the person the Conservatives put in place to be on the front lines of helping victims and recognizing their needs, said that the government's plan was unbalanced and would not work. When he decries the cuts to the victims of crime initiative, there is a pretty big gulf between the rhetoric of the government on victims and the reality. It is a gulf that is unfortunate because, more often than not, it seems that crime is a political tool. Instead of first asking how we can develop good policy, how we can work with stakeholders, how we can develop good legislation and then develop talking points and communiqués around that, the government seems to first want to create communiqués and talking points and then find legislation to make it match.

Another area of concern deals with lawful access. An hon. member of our caucus put forward a private member's bill several times through successive parliaments that would have given police the ability to go after crimes of the digital age. Police have been asking for many years to implement updated powers and abilities to track criminals online, to deal with new technologies and new ways in which criminals are communicating, planning and conducting crimes. When we are dealing with sex offences, particularly sex offences against children, this is an area that is particularly relevant.

In 2005, the then Liberal government introduced a bill to modernize our lawful access rules and to empower police to use the most modern investigative techniques to go after these types of crimes. Unfortunately, that legislation has languished. It was first killed by an election. It was then introduced by a Conservative government but it killed it by calling an election. It was introduced again and cancelled again by it calling an election. It was introduced again and then killed when the Conservatives prorogued. They have introduced it yet again and we still do not have it. It follows a pattern of a lot of talk but very little action on something that is very relevant to both sex offenders and to fighting crime in general, something that police have been demanding.

The last point I will make is with respect to broad concerns as they affect the sex offender registry, and they have to do with the DNA data bank. There is a provision in the bill that ensures that somebody who is on the sex offender registry is automatically included in the DNA data bank. That is something that is laudable and supportable. However, the problem is that the DNA data bank is desperately underfunded. We know that the RCMP is taking seven to eight months to turn around requests and that its office simply cannot handle what is given to it. This automatic inclusion of all of this additional data will mean that the backup will be even bigger.

Again, we have a government passing something but not following it up with the resources to really make it work. If we are to have automatic inclusion in the DNA data bank, it is rather meaningless if the police do not have the resources to actually process and use that information.

We want to see the bill move forward. We are deeply disappointed that we are dealing with it yet again. It should have been dealt with more than a year ago. However, we look forward to its speedy passage through this place and the opportunity in committee to ask some of these important questions.

Protecting Victims From Sex Offenders ActGovernment Orders

June 14th, 2010 / 4:10 p.m.


See context

Liberal

John McKay Liberal Scarborough—Guildwood, ON

Madam Speaker, this bill is maybe No. 10 or No. 12 of a whole panoply of crime and justice bills, which the government loves to introduce to fix apparent problems in our justice system. We have quite readily supported those which have merit.

A while back, Bill C-9 was before the House and it contained a whole variety of issues related and unrelated to the budget. Why has the government not taken the opportunity to bundle all these justice bills into one crime and justice initiative? That way we could have a fulsome debate on each and every section rather than having a separate bill, a separate debate, a separate vote, a separate meeting at committee, witnesses at committee and the bill coming back to the House, et cetera, which stretches the whole process over literally months and sometimes with prorogation and things of that nature years of dealing with what are essentially small amendments to the Criminal Code.

Canada Labour CodePrivate Members' Business

June 11th, 2010 / 2:25 p.m.


See context

Bloc

Robert Vincent Bloc Shefford, QC

Mr. Speaker, I am pleased to take part in this debate on Bill C-386 introduced by my colleague from Argenteuil—Papineau—Mirabel who, on behalf of his political party, is trying for the umpteenth time to put an end to the use of replacement workers in Canada and Quebec.

While Quebec legislated on this a long time ago, workers governed by the Canada Labour Code working in Quebec are not covered by Quebec's Bill 45, passed during the first mandate of the late René Lévesque. This Conservative government is once again ignoring one of the main demands with respect to how the whole area of work relations is governed.

Why is anti-strikebreaking, or anti-scab, legislation necessary? For one thing, the Bloc Québécois would like all workers in Quebec, whether governed by the Quebec Labour Code or the Canada Labour Code, to have the same rights. The Conservative government's stubbornness is creating two distinct classes of workers in Quebec. The Bloc Québécois believes that the best way of recognizing the outstanding contribution of all these men and women who are helping build the Quebec society on a day-to-day basis is to show genuine respect for their rights, starting by banning the use of replacement workers during strikes or lockouts.

Anti-scab legislation would ensure that workers governed by federal legislation enjoy balanced bargaining power, and would keep tension on the picket lines to a minimum. That is the basic objective of Bill C-386, which would prohibit the hiring of replacement workers.

At this point, I would like to list what the Conservative government has done in response to the many expectations of the labour movement. It is a very short list. How much has the Conservative government given to help the unemployed, the tens of thousands of workers who have lost their job in the forestry sector? Peanuts, compared to the billions of dollars it has showered on Ontario to help auto workers. What has the Conservative government done to eliminate the two-week waiting period for people who become unemployed? Nothing.

Workers who lose their jobs go through stress and anxiety. Their income is cut off at the source. Meanwhile, they are expected to wait patiently for a Service Canada official to examine their file, and often they have to endure processing delays, not to mention the 1-800 telephone line, which is insane. In addition to waiting for an answer, the poor jobless people have to put up with this irresponsible treatment.

I will continue with my list, because since I came to the House of Commons in 2004, my social priorities have always included the unemployed and older workers. This government is still refusing to support our proposal to increase the maximum EI benefit period for workers with a serious illness from 15 to 50 weeks. It is currently 15 weeks, as if someone's cancer could be treated in 15 weeks.

I could pull out the list of measures we have called for in recent years and the many bills we have introduced to help our workers. The list of no's from ministers and members is as long as our list of requests. By the way, the government voted against Bill C-429, which would have promoted the use of wood in the construction of federal buildings and would have helped workers in Quebec. But no, the government ignored our workers again. That was another trademark vote by the Conservatives.

I would like to remind hon. members once again of one of the most anti-worker statements ever heard here in the House. On December 3, 2009, the member for Souris—Moose Mountain said this:

I do not see anything in the bill's proposed provision that would help boost Canada's ability to create jobs and to be more competitive in today's economy. What I do see in the bill is a recipe for instability and uncertainty in Canadian labour relations.

What an explanation. According to him, having workers out on the street for months or years is what will stimulate employment, as will the uncertainty of the workers who do not have sufficient power to assert their legitimate rights. What is the government doing about the uncertainty experienced by the many families of strikers affected by these lasting disputes? Nothing, nothing and more nothing. It prefers to build lakes—that is a good one—for journalists and delegates at the G8. In their right-wing vocabulary, the Conservatives call this “stimulating the economy”. I call it keeping families in poverty.

Let us get back to the Conservative government's sad record.

Here is a clear example of that record. During the CN conflict, the Conservative government passed special legislation with respect to Canadian National. The latter had been training its managers and a large group of non-unionized employees for several months in order to maintain service. In the case of CN, they were maintaining over 60% of service. However, Canadian Pacific, which has two parallel lines across Canada—one used by CN and the other by CP—could have covered the other 40% that CN claimed it could not. They could also have resorted to trucking, as well as the short lines in the regions, to serve the Canadian public.

For the Montreal region, for example, AMT had signed an agreement for continuous passenger service and CN would have covered not just 100%, but 120% of the service provided to its clients.

Given all these responsibilities and possibilities, I wonder why the Conservatives thought there was a crisis and why was there a need for additional service? We have to allow negotiations between the parties to continue in good faith and force them to agree on a collective agreement, and not vote on a special law to force workers back to work.

I would also point out to my hon. colleagues that CN is a private corporation, which is why I do not understand why the government became involved in the dispute. Indeed, when it comes to private corporations, we believe that they are in a position to negotiate with workers themselves and capable of doing so, but they do not, nor do they have to. All they have to do is call up the government and say that they are going on strike and will not be able to provide the service. Since it is a transportation service, it is very important. What did the government do? It passed special legislation to force the workers back to work. They forget about negotiating; they make them work and everything goes back to what it was before, without any thought given to negotiating with the workers. I find that unreasonable on the government's part. It is always trying to denigrate workers. Yet our workers form the foundation of the Canadian and Quebec economy. And they are the first people the government tries to steal from.

We saw it again with the $57 billion that the government stole from workers. It is not enough to tax them or to take taxes off at the source, it always wants a little bit more. As for employers, their taxes have been cut. It is not employers that are producing what Canada needs to survive. It comes from the taxes paid by workers.

I could also talk about the theft from the employment insurance fund surplus. My mother always told me that when you take something that is not yours, it is stealing. When they dipped into the employment insurance fund that was not theirs, it was stealing. I will not contradict my mother here today. If she said it, it is because it is true. Nothing will change my mind.

Back when the Conservatives were in opposition, they constantly condemned the Liberals' practice of pillaging the employment insurance fund. Now, with Bill C-9, they are about to keep doing the same thing. How? By wiping the slate clean, as they say. The Conservatives are telling workers and employers, the people to whom that money belongs, that they should forget about recuperating the $57 billion that the government siphoned off over the years.

The Prime Minister himself once recognized that employment insurance fund money was misappropriated to pay down the deficit. He promised workers that he would repay the $57 billion that Ottawa diverted. Now he is breaking that promise.

The proposed new employment insurance measures are particularly sickening because the Conservatives are trying to hide them among the dozens of other initiatives in Bill C-9. Unfortunately, these kinds of anti-democratic manoeuvres have become par for the course with the Conservative government.

With the end of the parliamentary session just days away, on behalf of unionized workers subject to the Canada Labour Code, and on behalf of the Bloc Québécois, we urge the Conservative ministers and members to say yes to anti-scab legislation.

Bill C-9Statements by Members

June 8th, 2010 / 2:10 p.m.


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Bloc

Christiane Gagnon Bloc Québec, QC

Mr. Speaker, budget implementation Bill C-9 alone amends 70 other statutes, some of which have nothing to do with the budget. The privatization of Atomic Energy of Canada Limited without requiring a debate in Parliament, the end of Canada Post's monopoly on certain services, and the intentional disappearance of the $57 billion that the Conservative government owes the employment insurance fund are just a few examples of the amendments in Bill C-9.

By hiding his reforms in such a huge, indigestible bill, the Prime Minister is muzzling the public, which is struggling to sort everything out, and the hon. members, who cannot study these reforms with the attention and the diligence they deserve.

As Le Devoir's Manon Cornellier points out, by creating this omnibus bill, the Prime Minister is bypassing debates and once again undermining the role and the authority of the people's representatives, .

This is yet another illustration of the Conservatives' lack of transparency and their contempt for parliamentary democracy.

Employment InsuranceStatements By Members

June 4th, 2010 / 11:10 a.m.


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Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Mr. Speaker, the Conservatives' penchant for stealing money from workers is outrageous. Among the plethora of bills that it would amend, budget Bill C-9 would wipe out the $57 billion that the Conservative government owes to the employment insurance fund. It used that $57 billion to pay down the deficit caused by its own poor management of public funds.

In addition, this government will increase employment insurance benefits by 15¢ in January 2011. That money will not go to improve the current system but to reimburse what the Conservatives have pillaged from the employment insurance fund.

The Conservatives are making the unemployed pay for their deficit. They are taking advantage of the fact that this omnibus bill, Bill C-9, is a confidence vote, and they have filled it with all sorts of reforms and measures. They know that the Liberals will never dare oppose it and trigger an election.

But we in the Bloc Québécois will side with workers and oppose Bill C-9.

Canada PostStatements By Members

June 4th, 2010 / 11:05 a.m.


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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, with the Liberals as their accomplices, the Conservatives are threatening the viability of the postal service by including a thousand and one reforms in Bill C-9, the budget implementation bill.

Among other things, Bill C-9 contains a deregulation project to put an end to Canada Post's monopoly on international remailing.

The Conservative government is trying to fool the public by slipping this deregulation plan into an 800-page omnibus budget implementation bill. They are trying to privatize this corporation on the sly, without the public even realizing it.

The government is opening the door to the complete deregulation of Canada Post. The citizens of Berthier—Maskinongé and all of Quebec are opposed to this process.

I implore the Liberal members not to support this Conservative bill. They must all rise and vote against Bill C-9 to maintain universal, accessible postal service.

Bill C-9--Time Allocation MotionJobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 3:45 p.m.


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Conservative

Stockwell Day Conservative Okanagan—Coquihalla, BC

Mr. Speaker, there are some important things to point out.

My friend from the Bloc Québécois also made mention of the thickness of the bill. Just the item that deals with benefits for the manufacturing sector alone accounts for 52% of that bill, just one item alone. Let us not exaggerate and measure a bill by its thickness, just like one does not measure a book by its cover.

There have been many examples of omnibus legislation before in the chamber. I simply cited one of the more recent ones in 2005.

My friend just mentioned his concern about AECL. If he is really concerned about it, he knows it is essential that Bill C-9 be passed as quickly as possible to give some certainty to Canada's nuclear industry. I have a quote by Neil Alexander, president of the Organization of CANDU Industries, a fairly significant and well-renowned person in the nuclear industry. He stated, “we support the language in Bill C-9 and encourage all parties to ensure that AECL is restructured as quickly as possible”.

If he is being serious and he is concerned about AECL, there is AECL asking that we please move this through. Therefore, please do it.

Bill C-9--Time Allocation MotionJobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 3:40 p.m.


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Conservative

Stockwell Day Conservative Okanagan—Coquihalla, BC

Mr. Speaker, I appreciate my friend's partial recall but total recall would be a little more helpful.

What happened in 2005, unlike the litany of witnesses, meetings and the number of speeches that have taken place already on Bill C-9, was that the finance committee only considered the Liberal budget bill for two meetings and only one non-governmental witness appeared before the bill passed without amendment.

Yes, there was a pretty good reason for some concerns to be raised but this bill at this time has had 70 days of consideration, 50 speeches and many witnesses at the finance committee meetings. That is very different from how the Liberals rammed through their bill in 2005.

Bill C-9--Time Allocation MotionJobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 3:40 p.m.


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Liberal

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

Mr. Speaker, I listened very intently to the minister's comments. I would like to go back to one of the points he made several years ago in 2005 when we were in government. He talked about the payments that were to be made to both Nova Scotia and Newfoundland and Labrador at that time.

He talked about the fact that the Liberals had done that before. However, if we are going to talk about hypocrisy, let us look at the facts. I distinctly remember that the Atlantic accord at the time was couched within the budget and the Conservatives vehemently opposed it. This brought language to the House, and I remember the words, that this was done under cover of night, that it was a stealth operation and that it was very irresponsible to do it this way.

Today, however, we find ourselves in the last few weeks in the same situation. The implementation of the budget in 2005 did not go near all the topics being cover in this particular bill, Bill C-9, an implementation bill.

Bill C-9--Time Allocation MotionJobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 3:35 p.m.


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Conservative

Stockwell Day Conservative Okanagan—Coquihalla, BC

Mr. Speaker, as always, we are open to debate but I would encourage my hon. friend to add factuality to the debate. That would help and it would help people understand it, instead of using the types of words that she is using, trying to indicate that there is some kind of unsolicited or unrequired velocity to this moving through.

Bill C-9 has been before the chamber for 70 days. We have heard 50 speeches and the finance committee had nearly 10 meetings on it with over 50 witnesses.

The member said that she was proud of the fact that the NDP are holding the bill up. Is she proud of the fact that her party is holding up important revisions to people's pensions and proud of the fact that it is holding up transfers to Nova Scotia of $250 million, to New Brunswick of $80 million, to Newfoundland and Labrador of $8.4 million? How about pathways to education, an important $20 million program for disadvantaged youth? Is she proud that her party is holding up those programs?

She talked about 60 amendments. Members of her party did not bring one of those amendments to committee, so she can say 6,000. What does that say about a party when its members think they are bringing forward something salient for people to consider and they did not bring one of those amendments to committee?

Bill C-9--Time Allocation MotionJobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 3:35 p.m.


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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I would like to ask the minister a question. Bill C-9 is what is known as an omnibus bill. They have included measures that were presented to the House of Commons in bills, but these bills were not passed.

They have plundered more than $57 billion from the employment insurance fund, and Bill C-9 would erase that debt. How can the minister tell Quebeckers that the employment insurance fund will accumulate billions more in surpluses over the coming years and still oppose measures—measures such as eliminating the waiting period and establishing the number of hours worked at 360—that would improve the employment insurance system? And in the meantime 50% of people who need employment insurance are not eligible?

How can the minister vote against these measures and, at the same time, plunder more than $57 billion from the employment insurance fund? They will erase the debt and continue to raid the employment insurance fund for years to come. I would like to hear the minister's comments on that.

Bill C-9--Time Allocation MotionJobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 3:30 p.m.


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Okanagan—Coquihalla B.C.

Conservative

Stockwell Day ConservativePresident of the Treasury Board and Minister for the Asia-Pacific Gateway

Mr. Speaker, it is important that we put this in context. My hon. friend mentioned that Canadians expect certain things and we definitely live up to that expectation.

Bill C-9 was introduced on March 29 for review by Parliament. It has already been in this chamber for 70 days. There have been over 50 speeches, which we appreciate. Finance committee has already had 10 meetings on this bill. It has heard from over 50 witnesses, but we are here and we are still debating it.

It is also important to remember that there are reasons, very important reasons, this legislation needs to move through and become law by June 30. We have to recall that once we are through the process here in the House of Commons then the bill also goes through the same legislative process in the Senate: second reading, referral to the Senate national finance committee, report stage, third reading. This bill still has a considerable distance to go and yet it is being delayed.

Canadians need to know what is at stake here. On one item alone, there are amendments that are required in order to put in place regulations to implement reforms that were announced by the government in October 2009, that were targeted at Canadians who are members of pension plans. These amendments require, for instance, an employer to fully fund benefits if the whole of the pension plan is terminated. They establish a distressed pension plan workout scheme and allow the Superintendent of Financial Institutions to replace an actuary. These have to come into force and royal assent given by June 30 because actuarial evaluations for federally regulated pension plans are required to be filed within six months of the end of the year. That makes it June 30 for those to be filed by December 31. Pension plans are at stake.

I will conclude by saying it is not uncommon at all to use this process of bringing in other legislation. Just one of many examples is that in 2005, the previous Liberal government in its last budget bill, Bill C-43, had over 20 different parts and legislation as varied as the Auditor General of Canada Act, the Asia-Pacific Foundation of Canada Act, the Broadcasting Act, Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act, Canadian Environmental Protection Act, Department of Public Works Act, Canada Post Corporation Act, Employment Insurance Act. I could on and on.

I do not want to use the word “hypocrisy” and I will not, but that member supported that bill in 2005 which had a whole lot of important legislation integrated into it. That is what we are asking for here and not to put pension plans of Canadians at risk right across the country.

Bill C-9--Time Allocation MotionJobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 3:30 p.m.


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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, with regard to Bill C-9, the issue for many Canadians and certainly many members of the House is that the bill incorporates a number of legislative items which were not in the budget speech and not in the budget document itself but now appear in the budget implementation bill. I would note, for instance, the matter to do with AECL, the matter to do with the environmental assessment act, the matter to do with the air travellers security charge and some other items that have been raised in debate.

How does the minister explain to Canadians that there would be legislation slipped into a budget implementation bill which, had the items been dealt with separately, there would have been the appropriate level of due diligence able to be conducted by members of Parliament?

Bill C-9--Time Allocation MotionJobs and Economic Growth ActGovernment Orders

June 3rd, 2010 / 3:25 p.m.


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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I move:

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 of the report stage of the bill and one sitting day shall be allotted to the third reading stage of the said bill and, fifteen minutes before the expiry of the time provided for government business on the day allotted to the consideration of the report stage and on the day allotted to the 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.

Business of the HouseOral Questions

June 3rd, 2010 / 3 p.m.


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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, that is quite a number of questions and I hope I have them all. My hon. colleague, the opposition House leader, says they are good questions. Indeed, they are very good questions and I appreciate him posing those questions today. I will go first to the business before the House and then I will get to his other questions.

We will continue today debating the report stage of Bill C-9, the jobs and economic growth act. As I said on Tuesday, Canadians are expecting this bill to pass before we rise for the summer.

I pointed out some of the consequences of not adopting Bill C-9 by the summer. Payments would not be authorized for over $500 million in transfer protection to our provinces. Bill C-9 also authorizes appropriation of $75 million for Genome Canada, $20 million for Pathways to Education Canada to provide support for disadvantaged youth, $10 million for the Canadian Youth Business Foundation, and $13.5 million for the Rick Hansen Foundation. These payments and many others cannot be made until Bill C-9 receives royal assent.

This process, I would remind the House, began on March 3, some three months ago, when the Minister of Finance delivered his budget. We debated the budget on March 5, 8, 9 and 10. On March 24, we adopted the ways and means motion required to introduce the jobs and economic growth act.

The bill was introduced on March 29. It was debated for five days at second reading and finally referred to the Standing Committee on Finance on April 19. The committee reported it back on May 14 without amendment. The opposition had almost a month to offer up amendments but reported the bill back without amendments.

This is the fourth sitting day that we have been debating report stage. The opposition and particularly, I would contend, the NDP have had the opportunity to raise their concerns. However, I want to point out a Speaker's ruling from April 14, 1987 in which he addressed this issue. He stated:

It is essential to our democratic system that controversial issues should be debated at reasonable length so that every reasonable opportunity shall be available to hear the arguments pro and con and that reasonable delaying tactics should be permissible to enable opponents of a measure to enlist public support for their point of view. Sooner or later every issue must be decided and the decision will be taken

I would also like to quote House of Commons Procedure and Practice, at page 210, which states:

it remains true that parliamentary procedure is intended to ensure that there is a balance between the government's need to get its business through the House, and the opposition's responsibility to debate that business without completely immobilizing the proceedings of the House.

Following Bill C-9 today, we will call Bill C-10, Senate term limits, and Bill S-2, the sex offender registry legislation.

Beginning tomorrow, if necessary, we will continue with Bill C-9, followed by Bill C-2, the Canada-Colombia free trade agreement.

Next week we will continue with the business from this week, with priority given to Bill C-9 and Bill C-2. In addition to the bills just mentioned, the government will call for debate on Bill C-22, protecting children from online sexual exploitation, Bill C-23, eliminating pardons for serious crime, and Bill C-24, first nations certainty of title. As usual, the government will give priority consideration to any bills reported back from committee or received from the Senate.

Thursday, June 10, shall be an allotted day. That was an additional question that my hon. colleague, the official opposition House leader, asked during his customary Thursday question.

The other thing he noted was a date for an important take note debate dealing with multiple sclerosis. That date has not been set yet, but there have been consultations between myself and my counterparts, the House leaders from all three opposition parties, and I am sure that we can arrive at a suitable date in the very near future.

On the issue of committee witnesses and that we are blocking other people, I would be interested to know who those other people are that we are blocking. I am not aware of any. I have said repeatedly in the House of Commons over the last week or so that we intend to uphold the principle of fundamental value of Parliament, which is ministerial accountability.

Our ministers have been appearing and will continue to appear at the standing committees. It is my contention and I would ask any Canadian who is interested in viewing, and in some cases where there is no video record, reading the Hansard of standing committees to see the types of questions and antics that the combined opposition coalition is resorting to.

In most cases, we had our very junior people. These are young people. They are people who are probably about the same age or perhaps even younger than my children. These young people are dragged before the standing committees. The opposition subjects them to abuse and intimidation tactics.