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.

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 3:15 p.m.


See context

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, I rise to speak to the Conservatives' latest omnibus budget legislation, Bill C-45, at report stage.

I will focus my remarks today on: one, how the New Democrats worked closely with and supported, helped, aided and abetted the Conservatives in their ramming of this omnibus bill through committee; two, a very dangerous precedent that was set at finance committee during the study of Bill C-45; and, three, some of the flaws in Bill C-45 that were identified by Canadians during the committee's study.

As members know, Bill C-45 is a mammoth bill. It is over 400 pages long and would amend over 60 different laws. It includes a large number of provisions that simply do not belong in a budget bill: rewriting the laws protecting Canada's waterways; redefining aboriginal fisheries, without even consulting first nations peoples; and eliminating the Hazardous Materials Information Review Commission. These are just a few examples of what is in Bill C-45 and examples of measures that would really have nothing to do with the fiscal situation of the country.

Canadians overwhelmingly disapprove of the Conservatives' use of omnibus budget bills to ram a large number of unrelated measures through Parliament without sufficient study or debate. A recent poll by Forum Research shows that 64% of Canadians oppose the Conservatives' omnibus legislative approach. Even a majority of Conservative supporters oppose the Conservatives' use, overuse and abuse of omnibus bills.

The Prime Minister once opposed the use of omnibus bills, but under his watch we have seen a clear trend toward the use of omnibus legislation. In fact, Bill C-13 in 2006 was 198 pages; Bill C-28 in 2007 was 378 pages; Bill C-10 in 2009 was 552 pages; Bill C-9 in 2010 was 904 pages; Bill C-13 in 2011 was 658 pages; and Bill C-38 earlier this year was 452 pages.

To put this in context, the largest Liberal budget bill was Bill C-28 in 2003, which was 144 pages in length, and it focused on fiscal measures, not on unrelated measures.

I will also speak about the NDP in this case. The NDP actually helped the Conservatives in passing Bill C-45 as quickly as possible through committee. The New Democrats say that they oppose Bill C-45 and they say that they oppose closure. However, their actions speak louder than their words. While they talk the talk, they do not walk the walk when it comes to actually standing up to the Conservatives and their abuse of Parliament. Instead of standing up to the Conservatives and providing any real opposition to Bill C-45, the New Democrats have actually been helping the Conservatives.

Here are a few examples. The New Democrats voted with the Conservatives to impose time allocation to limit the debate on Bill C-45 at committee. The New Democrats voted with the Conservatives to overrule the finance committee chair, the member for Edmonton—Leduc, a chair who is respected by all members of the House for his judgment. To have him rebuked by his own colleagues was bad and it was terrible to see the New Democrats gang up with the Conservatives against the member for Edmonton—Leduc. The New Democrats voted with the Conservatives to throw out the rules at committee and to shut down opposition to Bill C-45. The New Democrats then gave up one of their votes at finance committee and worked out a schedule with the Conservatives so the finance committee could get through Bill C-45 as quickly as possible. The New Democrats voted with the Conservatives almost 2,000 times at the finance committee to oppose measures that could have delayed certain parts of Bill C-45.

Opposition Motion—Closure and Time AllocationBusiness of SupplyGovernment Orders

November 25th, 2011 / 12:10 p.m.


See context

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Mr. Speaker, I wish to inform you that I will share my time with the hon. member for Bonavista—Gander—Grand Falls—Windsor.

I find it a little sad that, with this government, we always start with the end instead of the beginning. Regardless of what we may think, this government does what it wants and cares little about parliamentary procedures and tradition.

Since the last election, we are seeing too much abuse. This government is abusing its majority, thinking that with the support of 39% of Canadians it can do anything. And this is an inflated number because it does not include the 40% of Canadians who did not vote. So, it is not even 30% of Canadians who supported the government. Therefore, it should at least respect the opinion of all Canadians. It is not the first time that we raise this issue.

Today, we are talking about the government cutting debate short after introducing a bill, and not even after several hours of debate. This government has shown repeatedly its contempt for our institutions. In the case of Senate appointments, it has also shown that it does not respect its own promises. Indeed, the government had committed to appointing only elected senators. However, two weeks after the election, the Prime Minister not only appointed to the Senate individuals who had lost their election, but he did so without consulting the provinces, as he had promised to do.

Recently, we saw that this government had even set criteria to appoint an officer of Parliament. I am not going to get into details, but there were two basic and very simple criteria to select the Auditor General. First, the individual had to be an accountant and, second, he or she had to be bilingual. This government ignored the fact that the appointee had to be bilingual and it hired an accountant who had some experience in a small province. We can already see the abuse of power.

As we have seen so far, there is always a double standard with this government. We believe the government is abusing its power by constantly resorting to closure to avoid debate. That is the only motive we can find today. It has already done it close to ten times over a period of a few weeks, when none of the bills involved were urgent.

We have seen time allocation invoked on six out of 10 bills. That does not mean time allocation has been invoked 6 times. It means time allocation has been invoked on 6 bills at different stages. Just so that listeners are aware of how many stages a bill would go through, normally a bill would go through second reading, report stage and third reading. If we multiply six bills times three, that would be 18 times that the government could potentially invoke time allocation. To date, we have a calculation of about 10, so we can look forward to seeing more of these bills undergoing time allocation for the next few steps.

The government House leader has stated that the issues on the government's legislative agenda so far this session have been discussed in detail since the government took office. I do not understand it.

The point is that during the elections the Conservative government made promises. However, if we look at the makeup of the House, at least 40% of the members are new parliamentarians, so this debate never took place. Also, what was said during the election campaign was not necessarily in a legislative format. Our job as parliamentarians is to debate these pieces of legislation.

That brings me to another subject, one that is not necessarily tied into the debate today. I am a member of the scrutiny of regulations committee, and we see that if legislation is not properly worded, then a lot of this legislation and, in turn, a lot of its regulations get bogged down. We then have things that are not necessarily clear, Canadians are not happy with how the legislation is worded, and the courts have to get involved. It is all just a churning of bureaucracy and a waste of money.

The claim that the government has already consulted Canadians is far from what the government has actually done. It has not consulted Canadians.

It is saying that three or four hours of debate it is sufficient for a bill. However, let us look at some of the bills that have been tabled. As an exaple, the budget is made up of 600 pages of legislation. It is a government omnibus bill. As a lawyer, I sat in on some of the committee hearings and I can tell members that it was not the easiest thing to follow. I just cannot imagine how a couple of hours of debate would suffice for a proposed bill that is going to affect all Canadians, not just the criminals. It will affect all Canadians, because one day they will have to deal with these issues, and if they do not have to go before a court of law, they will have to at least pay taxes to pay for all the costs that are going to be incurred in trying to monitor these pieces of legislation and put them into force.

We are trying to avoid just passing these pieces of legislation blindly. We are trying to ensure proper vigilance before these pieces of legislation are passed; however, that does not seem to be a valid argument for the government.

We in the Liberal Party are trying to do our job, but the government is making allegations that we are obstructing and we are using unreasonable amendments. I can understand the government's point of view, because sometimes the NDP acts irrationally and tries to filibuster and makes ridiculous amendments. However, I think the Liberal Party has made pretty reasonable amendments up to now. We have been first up to bat on making amendments on proposed bills. I think that we have done our job, but the government refuses to allow us to continue to do our jobs. We want the public, whether it be experts or third parties who are affected by these bills, to come forward to testify and make suggestions so that we can actually make these bills work properly.

Let us look at some of the bills for which time allocation has been introduced. The budget implementation bill was introduced and read for the first time on June 14; there was time allocation at all stages, and it was voted on June 15.

This is nothing new. Budget implementation bills are introduced twice every year, plus the budget. The budget implementation bill is not a partisan issue. It is normally the bill that introduces the legislation to put the budget into application.

Usually it is technical. It requires people affected by the budget to provide us with their input and tell us what changes they would like to see; if there are no changes, they at least come forward to give us their interpretation of that particular bill.

In the past, whether it was a majority government or a minority government, we have always been able to get consensus on how many hours of debate we needed in the House and in committee. However, the government seems to be using its majority at will and is just punching the legislation through. It has done that for the two budget bills, Bill C-9 and Bill C-13.

On Bill C-10, the omnibus crime bill, the Conservatives invoked time allocation not only in the House but in committee as well. I was there. They suddenly said that they did not want to hear what we had to say. They had made up their minds. It was impossible that they would need opinions from experts. They did not even have to hear from the bar association. They did not even have to hear from the provinces.

Even though members from the province of Quebec had numerous valid amendments to introduce into the bill, the government had already decided it was not going to listen to anyone. I understand that the NDP had numerous amendments that were not relevant to the case and had to be rejected, but my colleague, the member for Mount Royal, introduced some pretty important amendments that were backed up by Minister Fournier from the Quebec government. We are going to have report stage next week, and I am hoping that the government can change its mind and adopt some of the amendments.

With regard to the Canadian Wheat Board, it was not a matter of procedure. Again, that was just rammed through. These farmers are working, and they do not have the time to come here and be notified because everything has to be rammed through.

I see my time is up. I am hoping that I will have some good questions and that I can continue.

Economic Development Agency of Canada for the Region of Northern Ontario ActPrivate Members' Business

February 16th, 2011 / 6:45 p.m.


See context

Bloc

Robert Bouchard Bloc Chicoutimi—Le Fjord, QC

Madam Speaker, I am very pleased to rise today on this bill, especially since this is my maiden speech in the House of Commons as Bloc Québécois critic for regional development.

From the outset, I should say that we are in favour of Bill C-309, An Act establishing the Economic Development Agency of Canada for the Region of Northern Ontario. This new federal body’s mission will be to promote and develop Northern Ontario, just like the Economic Development Agency of Canada for the Regions of Quebec does in Quebec.

The Bloc Québécois stands up for Quebec’s interests. It is in this spirit that we previously voted against Bill C-9, an Act to create the Economic Development Agency of Canada for the Regions of Quebec.

The Bloc Québécois, just like Quebec governments for the past 45 years or more, believe that to formulate an integrated regional development policy, Quebec must be master of its own regional development programs.

The regions are the ones with the solutions. There are organizations in Quebec dedicated to regional socio-economic development. They are capable of effectively advising the minister regarding regional needs and of overseeing program implementation. One need only think of the Centres locaux de développement, the CLDs, and the Conférences régionales des élus, the CREs. It is for these reasons that the Bloc Québécois has consistently been in favour of decentralization in this area.

We know that not all governments share the same priorities, and despite instances of flagrant encroachment in the past, should the government of Ontario decide to favour this kind of organizational structure for its regional economies, the Bloc Québécois would be very hard pressed to oppose it.

In 2009, the government created the Federal Economic Development Agency for Southern Ontario. There is still no equivalent agency for Northern Ontario. Northern Ontario does have FedNor, an equivalent program that essentially shares the same objectives as an agency. The main difference however is that FedNor is the responsibility of the Minister of Industry, who can amend its budget as he sees fit. Agencies, on the other hand, are independent and have ministers of state, as is the case with the Economic Development Agency of Canada for the Regions of Quebec.

In actual fact, the reason for creating the economic development agency of Canada for the region of northern Ontario is to transform the FedNor program into an agency that would then be more independent of the government’s budgetary decisions, as currently exists in Quebec and in other regions served by agencies.

The Federal Economic Development Initiative in Northern Ontario or FedNor has existed since 1987. Its purpose is to encourage economic growth and diversification and the generation of jobs and incomes in northern Ontario by providing support for private sector projects.

Even though the Bloc Québécois is in favour of the bill, a regional development strategy necessarily includes such diverse things as natural resources, education and training, municipal affairs, infrastructure and settlement of the land, which all fall under provincial jurisdiction. In fact, the Constitution makes the provinces responsible for most of the issues involved in regional development.

From 1973 to 1994, there was a framework agreement between Quebec City and Ottawa. Both governments had to agree, or else Ottawa could not do anything. Most federal government funding passed through Quebec agencies. But since 1994, the federal government has been acting unilaterally.

No more co-operation with the Government of Quebec. No more respect for its priorities and the priorities of the regions. This is very unfortunate and even unacceptable.

Following the passage of Bill C-9 in 2005, the federal government appointed a minister responsible for the regions of Quebec. The result has been more quarrels between Quebec City and Ottawa, more duplication, more confusion, a federal government obsession with raising its profile in the regions, and most of all, less respect for the priorities of Quebec and its regions.

Ottawa should stop interfering in Quebec’s areas of jurisdiction and instead start working together with Quebec on determining all federal economic priorities that have an impact on Quebec, while taking into account the economic development priorities of the regions.

Having seen how obviously ineffective the Economic Development Agency for the Regions of Quebec actually is, we wonder what use such an institution would be for northern Ontario. The Bloc Québécois would like to warn the Ontario government of the possible harmful consequences of the federal government's integrated, centralized approach.

Take a concrete example. In April 2007, the then Minister of Labour and of the Economic Development Agency of Canada for the Regions of Quebec announced a measure that was heavy with consequences for local groups, such as not-for-profit organizations, working in the area of economic development. He eliminated their grants. Here is an excerpt from the Jonquière newspaper, Le Quotidien, of April 28, 2007:

The Economic Development Agency of Canada will no longer provide operating funding for non-profit organizations that work in economic development and will no longer fund pure research.

However, these non-profit organizations play an important role for small and medium-size businesses. They support innovation and the development of international markets. They have become an essential link in the local economic fabric in many regions in Quebec.

As a result of increased pressure by many economic stakeholders in Quebec, the federal government reversed its decision to some degree by creating a new policy concerning non-profit organizations and partially restoring some funding for those organizations. In fact, nearly a quarter of the non-profit organizations that had received funding in 2007 could reapply.

The Bloc Québécois fiercely opposed cuts to the non-profit organizations that had been subsidized in part by the Economic Development Agency of Canada for the Regions of Quebec and were active in the economic sector. This absurd situation calls into question the economic development model that Quebec has been requesting for several decades. Since it is an inappropriate measure that is extremely prejudicial to the economic fabric of the regions of Quebec, it could result in the loss of some jobs in local communities.

I would like to close by saying that the Bloc Québécois does not oppose the will of the Government of Ontario and that we support Bill C-309.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 6:55 p.m.


See context

Liberal

Alexandra Mendes Liberal Brossard—La Prairie, QC

Mr. Speaker, I would like to participate in the debate on the motion to prevent debate on the content and substance of Bill C-59. I find it rather odd that the Bloc has supported the government's attempt to stifle any attempt at debate on the substance of this bill.

No one in the House can accuse the Liberals of not supporting the idea of eliminating parole eligibility after one-sixth of the sentence is served for economic crimes. Two years ago, my colleague from Bourassa, our candidate in Saint-Bruno—Saint-Hubert and our member for Lac-Saint-Louis participated in a press conference with several of Earl Jones' victims to call on the government to quickly bring forward a bill to eliminate parole eligibility after one-sixth of the sentence is served, especially for criminals who commit major fraud and have multiple victims.

No one can accuse the Liberals of not supporting that idea. I think it is really dishonest of the government to make that kind of accusation when it knows very well what the Liberals' position is. This was pointed out by my colleague from Notre-Dame-de-Grâce—Lachine.

Now I would like to talk about the debate and the fact that the Conservatives and the Bloc members want to limit the scope of the debate. Just seven months ago the members of the Bloc rose in the House to criticize the government for doing the exact same thing it is doing now with Bill C-59. The government moved a motion to block debate.

Last June, the member for Saint-Maurice—Champlain rose in the House to criticize the government for moving a motion to block debate on the Canada-Colombia Free Trade Agreement Implementation Act. The Bloc member for Hochelaga also rose to oppose a government motion to block debate on Bill C-9, the Jobs and Economic Growth Act, by imposing time allocation.

We are opposed to this time allocation motion because we believe that Bill C-59 addresses a very important issue. Furthermore, for two years now, the Liberals have been calling on the government to eliminate parole eligibility after one-sixth of the sentence is served for economic crimes like those committed by Earl Jones, Vincent Lacroix and others.

I think it is a shame that some would have people believe that the Liberals do not want to protect victims. That is simply not true. When the government introduced Bill C-21 on economic crimes and it was referred to committee, the Liberal justice critic proposed an amendment to the bill to eliminate eligibility for parole after one-sixth of the sentence in cases of economic crime. The Conservatives and the Bloc defeated the motion.

Every MP is entitled to his or her opinion on bills that we are called on to debate in the House. It is a fundamental aspect of the democratic process. The operative word here is “debate”, and the collusion between the Conservatives and the Bloc is preventing us from acting as responsible parliamentarians.

We would like to hear from experts. We want to know how this bill will truly address a gap in the law, how it will do justice to victims, how this bill will improve the chances of rehabilitation for those who once lost control of their lives.

Perhaps we should indeed eliminate parole after one-sixth of a sentence for offenders who have committed serious economic crimes and left a number of victims.

However, for non-violent criminal acts that are not fraud, we believe that evidence has shown that parole after one-sixth of a sentence has been very effective and that the rate of recidivism is much lower.

We will never know what the experts might have said since this closure motion eliminates any chance to consult experts. With this government so eager to control everything, it has become somewhat of a tradition to just pass a bill without any idea of the facts that might call it into question.

The Liberals are against this closure motion. It is not justified, and we regret that the Bloc has decided to join the Conservatives to limit the debate on this bill. As far as the substance of the bill is concerned, in the past and still today, no one could accuse the Liberals of not showing their support for eliminating parole after one-sixth of the sentence for economic crimes.

In order to illustrate the government's intellectual dishonesty, I would like to present a chronology of the Conservatives' failures in their so-called fight against crime.

I am referring here to the various bills that have died on the order paper for all sorts of reasons or that have remained in the House or at committee indefinitely.

Here they are. Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts, died on the order paper when Parliament was prorogued; Bill C-19, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions), died on the order paper before the House had a chance to vote on it; Bill C-26, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime), also died on the order paper. It is certainly not the opposition that forced the government to prorogue Parliament.

Bill C-31, An Act to amend the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and to make a consequential amendment to another Act, died on the order paper, and Bill C-36, An Act to amend the Criminal Code, on the faint hope clause, died on the order paper before being brought back this session. One committee meeting was held on Bill C-46, An Act to amend the Criminal Code, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, before it died on the order paper. Bill C-52, An Act to amend the Criminal Code (sentencing for fraud), which is related to Bill C-59, the bill we are dealing with today, died on the order paper when Parliament was prorogued. Bill C-58, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, died on the order paper. The prorogation of Parliament killed many bills.

Among the bills introduced by the Minister of Public Safety was Bill C-34, the Protecting Victims From Sex Offenders Act, which also died on the order paper. The bill to deter terrorism and to amend the State Immunity Act died on the order paper. Bill C-43, An Act to amend the Corrections and Conditional Release Act and the Criminal Code, died on the order paper. Bill C-47, An Act regulating telecommunications facilities to support investigations, died on the order paper. Bill C-53, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts, died on the order paper. Bill C-60, An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America, died on the order paper.

To date, no meetings have been held to discuss Bill C-16, An Act to amend the Criminal Code. Bill C-17, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions), was given first reading 51 days after Parliament was prorogued, and the committee still has not met to discuss that bill.

Bill C-21, An Act to amend the Criminal Code (sentencing for fraud), was fast-tracked at committee in just one meeting and still has not reached second reading. Bill C-22, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, was given first reading 64 days after Parliament was prorogued, and the government delayed it for 26 days at report stage because of the debate on the short title.

Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act, was given first reading 89 days after Parliament was prorogued, and we are still waiting for the next step. Bill C-50, An Act to amend the Criminal Code (interception of private communications and related warrants and orders), was given first reading after 94 days, and we are still waiting. First reading of An Act to amend the Criminal Code, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act took place 243 days after Parliament was prorogued. Bill C-53, An Act to amend the Criminal Code (mega-trials), was given first reading and nothing more.

Bill C-54, An Act to amend the Criminal Code (sexual offences against children) only made it to first reading. Bill C-5, An Act to amend the International Transfer of Offenders Act was introduced at first reading by the Minister of Public Safety 15 days after prorogation. Two committee meetings were held and nothing has happened since. As for Bill C-23B, An Act to amend the Criminal Records Act and to make consequential amendments to other Acts, we are still waiting. After a few meetings on the subject, the minister was supposed to come back with amendments that he felt were necessary in order to make the bill more comprehensive and definitely more respectful. Bill C-39, An Act to amend the Corrections and Conditional Release Act and to make consequential amendments to other Acts was introduced for first reading 104 days after prorogation and we still have not met in committee to discuss it. Bill C-49, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act was introduced for first reading 232 days after prorogation and there it remains. Bill C-52, An Act regulating telecommunications facilities to support investigations was also introduced for first reading 243 days after prorogation and we are waiting for the next step. The Senate introduced Bill S-7, An Act to deter terrorism and to amend the State Immunity Act for first reading 49 days after prorogation and we are still waiting for the next step. Bill S-10, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts was introduced for first reading in the Senate 60 days after prorogation. Bill S-13, An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America was introduced for first reading 237 days after prorogation.

I am pointing this out to prove that it is not the opposition parties that are slowing the process down. For all sorts of unknown reasons, the government introduces these bill and then goes no further with them.

To conclude, I would like to question the justification for Bill C-59 and the fact that the Conservatives and the Bloc felt this was urgent enough to warrant this closure motion, which is an affront to parliamentary dialogue.

PensionsStatements By Members

December 15th, 2010 / 2:05 p.m.


See context

Conservative

Russ Hiebert Conservative South Surrey—White Rock—Cloverdale, BC

Mr. Speaker, I continue to hear from constituents about Bill C-428, the private member's bill from the Liberal member for Brampton—Springdale.

My constituents are outraged about a Liberal bill that would raise taxes to give a pension to someone who has only been a resident of Canada for three years. They want to know how the Liberals could justify raising taxes to give a pension to someone who has done little or nothing to earn it.

While the Liberals will have to answer for this in the next election, the Conservatives already have good news for Canadian pensioners. Our Conservative government's Bill C-9, which passed in July, reforms our pension system and has made the retirements of millions of Canadians more secure. Now employers can contribute more to workers' pensions and pensions are better protected in law.

While the Liberals are busy scheming to raise taxes, the Conservatives are working hard to improve the lives of Canadian seniors.

Sustaining Canada's Economic Recovery ActGovernment Orders

November 29th, 2010 / 6:10 p.m.


See context

NDP

Thomas Mulcair NDP Outremont, QC

Mr. Speaker, it is interesting to hear the Bloc Québécois support the Conservative government's budget policies, but it is also a little surprising. In fact, we have often stood alongside the Bloc to denounce, for example, the theft from the employment insurance fund. Bills C-9 and C-47 are spinoffs of this. The employment insurance fund is in there. For example, they are imposing new airline security taxes, which are inflating airline ticket prices in Canada. The Bloc is supporting that. There is a new regulation concerning the harmonized sales tax. The Bloc has not done anything to obtain compensation for Quebec for the harmonization it has already undertaken in this area. We are very surprised to hear the member for Holchega kowtow to the Conservatives once again and support the government's budget policies. We are very surprised by that.

Let us take a look at what is in Bill C-47, which the Bloc is supporting, and in the Conservative government's economic policy. Everything that happen in politics happens in a certain context. I would like to read a Reuters article from today, which was written by business journalist, Louise Egan.

I will read from this article from Reuters entitled “Canada record-high current account gap spurs worry”.

Louise Egan says this on behalf of Reuters:

Canada entered the club of countries with oversized current account deficits in the third quarter, posting the biggest shortfall on record as its worsening trade profile heralded a further slowdown in economic growth.

That is today.

Statistics Canada said on Monday:

The country's eighth consecutive quarterly shortfall in the current account--a measure of transactions in goods, services and investment income--totaled C$17.54 billion...compared with a revised second-quarter gap of C$12.98 billion.

Analysts surveyed by Reuters had forecast $15 billion.

What is interesting to note is that we are getting observations from people like Doug Porter at BMO Capital Markets, who said “Canada suddenly finds its broadest trade deficit in the company of countries that have typically been cited as extravagant over-spenders/under-savers”. He also said, “This may prove to be a passing phase but it is in fact an early warning that the country may be living beyond its means”.

In the days leading up to the G20 summit of the world's leading emerging and advanced economies, the U.S. treasury proposed capping current account surpluses and deficits at 4% as a way of achieving a better balance between surplus nations like China and debt ridden importers like the United States. We are above that 4% right now.

What we have to look at is how this fits into the overall budgetary plan of the Conservatives, such as it is. That is probably more of a compliment than they deserve to even mention the word plan when discussing the tragedy that has been visited upon the Canadian economy in the past five years since the Conservatives came to power.

We occupy the second largest land mass in the world and we have only 35 million people to try to give that value. That has always required the understanding of a government that placed value on the creation of jobs, on the creation of long-term growth and on the idea that we would try to go into those sectors of the economy that were the most forward-looking and the most productive. The Conservatives will have none of that.

The Conservative ideology is that anyone who seeks to have the government take a look at the economy, to balance it out and to have it grow long-term and make sense in some way is trying to pick winners. Their central thesis is a pristine marketplace that effectuates the best choices in all circumstances.

What we have had is an across the board tax cut being proposed by the Conservatives since they arrived in power. That is their panacea. That will solve all the problems. There is one slight difficulty with that. Any company, especially in the manufacturing field, that was not making a profit had not paid any taxes, so they did not get anything from the Conservatives tax decreases. The most profitable companies received those tax decreases, companies in the oil sector. The banking sector saw the same thing.

We will see a bit later this week the most recent quarter of bank profits, but for the first nine months of this year, Canada's chartered banks made $15 billion in profit. That is not because they are clever managers. It is because they have a quasi monopoly and they can charge people basically whatever they want, especially since the Conservatives came into power. Paying 25% on a credit card is no problem. Banks gouge customers every time they go to the banking machine. No problem. Why not? As far as the Conservatives are concerned it is normal to give a tip to the bank president every time someone accesses money at an ATM.

The real problem is the Conservatives have been destabilizing the erstwhile balanced economy that Canada had so painstakingly built up since the second world war. They are doing it by giving these across the board tax cuts, blind to any notion of productivity, blind to any notion of the creation of stable, long-term jobs which would allow people to raise a family. That is a thing of the past. As far as Conservatives are concerned, the market can decide.

When companies like Encana and Enbridge get millions of dollars in windfall because they have had a reduction in their taxes, we are still hollowing out the manufacturing sector. We are superheating the petroleum sector, bringing in an artificially high number of U.S. dollars, putting increasing pressure on the Canadian dollar, something that the textbooks refer to as “the Dutch disease”. This was after the situation that existed in Holland in the 1960s where the discovery of gas meant that a large number of foreign currencies were coming into the country, pushing the guilder ever higher. All of a sudden the Dutch realized that what was supposed to be manna from heaven was in fact destroying their economy because they could no longer afford to export their goods.

When we look at today's StatsCan figures, we realize the only thing that Canadian companies are spending is on equipment coming in from other countries. We can no longer produce on a competitive basis. Our manufacturing sector is being hollowed out. It is interesting to note that StatsCan, shortly after the Conservatives came to power, almost in a defensive statement, which I have never seen anything like it from StatsCan, said Canada was not suffering from the “Dutch disease”. When somebody bothers to use a term like that and then to affirm that it does not apply, my radar is automatically starting to ping. Why is it even mentioning it if it is not the case? That statement was made in 2006.

Between 2004 and 2008, in other words in 2008 before the current crisis hit, StatsCan put out new figures that showed precisely the opposite of what it had affirmed two years earlier. Between 2004 and 2008, Canada, mostly in Ontario and Quebec the industrial heartland, had bled off 322,000 good paying manufacturing jobs. The prime reason for that was we failed to internalize the costs of the oil sands. Instead of taking the fiscal space that was available and trying to help those sectors of the economy that needed it the most, we were giving the money to those sectors of the economy that were already making the largest profits.

How did we create the fiscal space for the $60 billion in tax increases that had been given to Canada's most profitable corporations? It is not very complicated. The Conservatives finished off the job started by the Liberals. They took $57 billion out of the employment insurance account and transferred it to general revenues of the government. A lot of people would look at that and say “so what, who cares”, that it was government money before and it government money after, but there is a huge difference. Every company, whether they were making money or losing money, had paid into that EI account as had every employee. We had that $57 billion purpose built, dedicated to take care of the inevitable cyclical aspect of the job market in Canada and when the recession hit, there would be money there to pay people employment insurance benefits.

The Conservatives cleaned out the account and now there was no more money there. There is going to be a $15 billion deficit that is going to have to be paid back again by all companies. Whether they are making profits or not or whether they are paying taxes or not, they are going to have this payroll tax for every job in their companies. That is what the Conservatives did. They created that fiscal space to give the tax decreases to the most profitable corporations by looting the employment insurance account, by taking the money that was there to create the fiscal space to do it.

When we talk about sustainable development, the notion that comes most immediately to mind is the environmental aspect. That is after all the driving force behind the United Nations report by Brundtland, the former prime minister of Norway. He put together this important report with a view to the Rio summit in 1992. That was a way of saying every time the government had to come to a decision with regard to a problem, it had to look at not only the environmental but also at the social and economic aspects.

As we have cleaned out the manufacturing sector in Canada, we have shovelled forward onto the backs of future generations not only the environmental debt, which I will talk about in a minute with regard to the tar sands, but we have shovelled the financial and fiscal burden onto their backs. Hundreds of thousands of people will be coming to retirement in the next decades. They will no longer have a proper pension plan. At least in the manufacturing sectors those used to be provided for. We have seen what has happened to companies like Nortel, but more generally, employers that take over companies in Canada with the complicit attitude of the Liberals especially and the Conservatives, the first thing they go after is the pension plan of their employees. That is for the social aspect.

However, let us look now at the long-term deficit with regard to the environment and how that is continuing to cause one of the biggest problems in the Canadian economy. One of the basic principles of sustainable development is we have to internalize the costs of the environment. These are basic principles like user pay, polluter pay. We have to ensure we look at the life cycle analysis of anything that is put on the market.

Right now we are as guilty as a company that is manufacturing a product that is pushing all of its garbage into a river and claiming that it is making a good profit because it can sell cheaper, the way we are developing the tar sands. Right now we have a way of developing them which means we are not cleaning up the mess, we are not including it in the price. We are not even including the price of attempts to go after carbon capture and storage. That is being left on the general tax burden on the backs of every Canadian.

We have an unusual situation. We claim that we have the strategic resource that we are exploiting in the public interest, but in fact we are leaving a huge environmental burden on the back of future generations in addition to the fiscal and financial burden.

I talked about the $57 billion looted from the EI account. I talked about the $60 billion in tax reductions for Canada's richest corporations. It is no coincidence that Conservatives have also racked up the largest deficit in Canadian history also to the tune of $60 billion, and the three are related.

If we continue like this, we will have hollowed out manufacturing sector, we will have become, for all intents and purposes, a third world country relying almost exclusively on the exploitation and extraction of resources that we pump to our neighbours as quickly as possible. That is not a figure of speech, that is literally the case.

Let us look at what we have done with the tar sands. There are projects like Keystone, Alberta Clipper, Southern Lights and we are putting in these pipelines. The Conservatives had them approved rapidly since they became government. They have scrapped the Navigable Waters Protection Act since they came to power. Just recently, they scrapped the whole environmental assessment process in Canada to send it over to the National Energy Board, which has no experience or expertise in the matter, to ensure these large energy projects get approved as quickly as possible.

Then the North American Free Trade Agreement moved in to provide its impetus in all of this. Under the North American Free Trade Agreement, there is a proportionality clause that means, essentially, that once we have started exporting the raw bitumen in such large quantities to the United States, we cannot reduce the quantities we export unless we reduce what we send to ourselves.

An independent outside analysis of just one of those projects, the Keystone project, concluded that there were 18,000 jobs being exported to the U.S. at the same time. Like a third world country, we do not even add the value here. There is no processing. Nothing is added. There is no refining. We are not doing anything with it to create permanent, long-term jobs here. It is a shameful way of destabilizing the balanced economy that we have built up since the second world war.

The government has always argued that it is not what is really happening, that those of us who say that the government can and should play a role in building a stable economy are trying to pick winners. The Conservatives have chosen their winners and it is the oil companies and the banks. People are going to pay for those lousy choices. Instead of looking at the most productive jobs and the most forward-looking parts of the economy, things that could be helping us for the future, creating a system of green renewables across the country, that is all going to be lost.

We have had an extraordinary occasion for the past five years to do something for future generations, but the vituperative, closed, narrow-minded attitude of the Conservatives has meant that they spew their venom at those who want the government to do something right with the economy. They claim to be doing a good job, but today's Reuters article, which will be in various forms in all of the economic papers across Canada tomorrow, prove just the contrary, that what the NDP has been saying for years in the House, that the Conservatives are destroying the balanced economy that Canada built up since the second world war, is in fact true.

The NDP is not alone in saying that Canada is suffering from the Conservatives' political and economic choices. It is now proven by today's statistics from Statistics Canada. That is why the NDP has no issues with saying that Bill C-47 will never receive our support, no more than Bill C-9 will, because it reflects the Conservatives' overall budget policy.

Earlier, I listened patiently to the member for Hochelaga, who said that the NDP was going to vote against, but he did not know why. I will return the compliment to my friend and colleague, the member for Hochelaga, by saying that, aside from general remarks about Bill C-47—he seems to have plenty to draw on—it would have been nice if he had told us exactly which clauses in Bill C-9 he likes. Furthermore, with everything we now know about the awful consequences of emptying the employment insurance fund, how can he support a bill that deals yet another blow to employment insurance? How can he support a bill that imposes yet more taxes on people who buy airplane tickets? How can he stand there and vote on the harmonized value-added tax without saying a word about how Quebec was the first province to harmonize its taxes? I was in the National Assembly when that happened. When the maritime provinces later did the same thing, I was there, and I saw how Bernard Landry reacted, with good reason, by saying that Quebec had already harmonized its taxes and was entitled to the same compensation the maritime provinces received.

They said the rules had changed. Even though Quebec was the first, its harmonization was not the same as theirs, so only the maritime provinces would receive compensation. It just so happens that the maritime provinces were about to vote in a federal election, and the Liberals really needed their support.

Then the same thing happened in British Columbia and Ontario. We have already spoken out against that, and we know how the story played out. Still, they said that the rules had changed again.

For all of these reasons, the NDP will once again vote against the Conservative government's budget policies.

Alzheimer's DiseasePrivate Members' Business

October 28th, 2010 / 5:45 p.m.


See context

Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, he was 80 years old and they had been married for 60 years. He kept his promise to her. He installed a hospital bed in their living room and for seven years he was her sole caregiver, bathing her, feeding her and carrying her upstairs to the washroom.

In another family, she was just 50 years old. Initially she made 20 mistakes playing cards in an evening. Then she showed poor coordination and clumsiness making a cup of tea. The doctor put it down to stress despite the fact that her mother was diagnosed at age 50 with Alzheimer's disease. Peripheral vision problems and general confusion meant that she was no longer allowed to drive. She had overwhelming frustration and fear.

The brain is the most vital organ in the human body. It makes our heart pump and our lungs breathe. It is the physical structure that makes us human and allows us to experience art, love, poetry and science. If the brain does not work properly, every aspect of life may be compromised.

One in three, or 10 million Canadians will be affected by a neurological or psychiatric disease, disorder or injury at some point in their lives. There are no cures for ALS, MS, Alzheimer's and Parkinson's and no effective treatments that consistently slow or stop the course of these devastating neuro-degenerative diseases.

Statistics are neat, tidy and do not show the reality of those living with these diseases, people like my cousin who gradually lost the ability to walk, to work, to interact with her family and friends, people across this country who live with MS and who have the courage to battle their disease every day and to take on a new fight, the fight for the liberation treatment.

These diseases put a significant burden on Canadian families. My 70-year-old aunt is at her daughter's house at 6:30 a.m. to feed her, get her granddaughter off to school, ensure that the daily caregivers come to bathe her daughter, feed her and, at the end of a long day, put her to bed.

I came to Parliament to fight for neurological disease, to fight to end suffering through more research for treatment, more support for caregivers and more awareness. I was therefore pleased to receive all party support to form a neurological subcommittee and delighted that the leader of our party committed to a national brain strategy to help lessen the social and economic impacts on people affected by brain conditions.

Alzheimer's disease is an irreversible and progressive brain disorder that slowly destroys memory and thinking skills. Symptoms usually appear after age 60. Many scientists now believe damage to the brain may begin decades earlier. Thankfully, doctors are now able to start treatments earlier, slowing the loss of brain cells and the progression of debilitating physical and mental impairments.

Some 500,000 Canadians have Alzheimer's disease or a related dementia, 71,000 of those are under the age of 65, with women accounting for 72% of all cases. There are currently at least 2.85 million Canadians providing care for a family member with long-term health problems. According to a Health Canada study, 25% of caregivers have had their employment situation affected by their caregiving responsibilities and about 40% of them face long-term financial pressures as a result.

This is an important motion and I thank the hon. member for bringing it to the House. We need all members pushing for investments in Alzheimer's disease and related dementias, as we have an aging population, an increased risk of dementia and rising human and economic costs.

I will quote from my April 13 speech regarding Bill C-9, an act to implement certain provisions of the budget. It reads:

Where is the help now for our seniors in the budget?

Where is the investment in our aging population? We have a federal government that has hardly uttered the word “health” for the last four years. Yet, worldwide there is concern that the baby boomers are retiring and entering their high demand period for health care. In Canada there will be 7.5 million people over the age of 65 by 2025. Population aging has tremendous implications for Canada, where most elderly people would not be able to meet more than a small fraction of the cost of the health care they incur. The average hospital stay in Canada costs $7,000 and does not take into account emergency or cardiac care.

Today, someone in Canada develops dementia every five minutes. This will change to one new case every two minutes in 30 years. In 30 years the prevalence of dementia in Canada will more than double, with the costs increasing tenfold if no changes are made. This means the total cost associated with this mind-robbing disease could reach $153 billion by 2038, up from the $15 billion a year today.

The Alzheimer Society of Canada suggests four key ways to slow the growth in cases of Alzheimer's and dementia: promote healthier lifestyles including encouraging people over age 65 to increase their physical activity levels; add system navigators to guide families through the complex health care system; invest in support and education for caregivers; and combine risk reduction strategies to delay the onset of dementia by two years, particularly through the discovery of new treatments.

If we could merely slow the onset of dementia by two years for each affected Canadian, we would see a return on investment of 15,000% over a 30 year research effort. One of the biggest challenges we face, therefore, is how to best prevent and postpone disease and to maintain the health, independence and mobility of an aging population.

Every day, hundreds of thousands of Canadians experience the difficult reality of Alzheimer's disease. Those living with the disease want to be seen, want to be heard and should never have to face this disease alone. Those caring for a loved one face overwhelming emotional and physical demands and require real supports. We must see the person, not the illness. No one ever wants to be a patient, but rather a vibrant, contributing member of society.

As one woman said:

It has not ended my life. I am still a very viable human being, as are others with the same diagnosis. Certainly I grieved the onset of this disease, but after talking with the local Alzheimer Society rep, I now attend an early-stage support group and feel good about volunteering for the organization. Once again I am allowed to feel useful.

We must strive to ease the burden of every individual struggling to recall a spouse's name, every person unable to recognize a child's face and every family member or friend who brings them comfort and care. We must seek hope for all families struggling with Alzheimer's disease. We must renew our commitment to research that is improving treatments for this illness and may one day prevent it entirely. We must leave no avenue unexplored.

It is fundamentally important to make sound fiscal decisions. As President Obama said, “The answers to our problems don't lie beyond our reach”.

We absolutely have the opportunity to change the course of Alzheimer's disease now. Today we have a variety of disease-modifying treatments, but shrinking investment in Alzheimer research threatens breakthroughs. Investing in research to end Alzheimer's is one of the most sensible decisions the government can make. It not only saves lives but also saves money by reducing the burden on health care.

Finally, we must commit to a national brain strategy for Canada, working with the provinces and the territories. Our party has committed to this, with a focus on key pillars such as awareness and education, prevention, treatment and support, caregiver support, research and income security.

Opposition Motion—Federal spending powerBusiness of SupplyGovernment Orders

October 21st, 2010 / 4:45 p.m.


See context

Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Mr. Speaker, I have heard many members in the House talk about the health file specifically and the federal government's interference in that area. It is obvious that the options put forward by the other parties are, as my colleague, the member for Argenteuil—Papineau—Mirabel said, aimed at centralizing all health-related matters in Parliament, at that level of government.

But it is clear to Quebeckers that, under the Constitution, health is the exclusive domain of the Quebec and provincial governments. And regardless of the party in power, the Quebec government has repeatedly expressed that in its statements and demands, as well as its concrete actions.

And it is precisely that aspect of the problem that I want to address this afternoon. I am the health critic for the Bloc Québécois. Throughout my entire political and parliamentary career in the House, I have had the opportunity to pit my ideas against those of my colleagues in other political parties. I have also had the opportunity to see how those same colleagues in other political parties in Canada view health care and its future.

One need only consider what the Standing Committee on Health has done in recent months. It studied the whole issue of human resources in the health sector and would have the federal government tell the provinces how to manage their human resources in the health sector. It even went so far as to give the Quebec and provincial governments advice on health education. Under the Constitution, however, education is another area within the exclusive jurisdiction of the Quebec and provincial governments. Once again, we get the sense that our colleagues in other political parties in Canada feel the need to say that this Parliament should have a role in health. And there are other examples.

I can understand them. Any intervention in the health sector has a direct impact on the population. As I have often said, intervention gives them an opportunity to toot their own horn and say that they are doing good work that is helping people. But, from the Bloc Québécois's point view, it is clear that the federal government should do that only in areas under its own jurisdiction.

We see this in various statements, bills, tax measures and budget measures. The government's initiatives belie the promise the Prime Minister, who was then the leader of the Conservative Party, made during the 2006 election campaign to limit the federal spending power. We have seen no sign that he wants to make good on that promise. What we have seen is that with his government's various policies, he has carried on the Liberal tradition of intruding into areas outside federal jurisdiction.

The measure I want to use as an example is extremely worthwhile. It was in Bill C-9, the budget implementation bill, which was passed in the House because the Liberals decided to support the Conservative government. They did not have the backbone to get all their members into the House to vote against the budget implementation bill. If this measure had come from a provincial government, it would have been completely fair, because it was directly related to health. But since it comes from the federal government, which has no constitutional jurisdiction over health, we want to know what it is doing in the bill. What the government is doing is interfering.

It is using federal money for initiatives in areas that are outside federal jurisdiction. I will tell hon. members what was in Bill C-9, the budget implementation bill, which was passed. The government allocated $13.5 million to the Rick Hansen Foundation, a not-for-profit organization whose goal is to speed progress toward a cure for spinal cord injuries and improve the quality of life of people with such injuries. This is extremely worthwhile and commendable, and it is what health care is all about. People come to us because they are ill and they need support. It is important that the appropriate government take action and develop strategies and programs to address people's needs. It is not up to the federal government to intrude into these jurisdictions because of its spending power.

There are other examples. Organizations that support patient groups, people with specific illnesses, are all calling on the federal government to establish Canada-wide strategies, national strategies, as the government calls them. In the Bloc Québécois, when we talk about anything national we are talking about Quebec, our nation that we are so proud of. These organizations are calling for standards and guidelines at all levels of government to come up with strategies for the entire country that respect the areas of jurisdiction. As I was saying, health is not a federal government jurisdiction.

There is no shortage of examples to illustrate the intrusions, the encroachments and the constant duplication of the federal government, Liberal and Conservative alike, when it comes to the exclusive jurisdiction of Quebec and the provinces over health care. Sections 92.7 and 92.16 of the Constitution Act, 1867 clearly stipulate that health care and social services fall within the exclusive jurisdiction of Quebec and the provinces. I am referring to the relevant sections just to prove that this is not a party line or my own idea. From as far back as 1919, Ottawa has been intervening increasingly in these sectors, even forcing Quebec and the provinces to comply with so-called national standards and objectives.

I will list a series of events that have occurred since 1919 to show to what extent the federal government has ignored these two sections of the Constitution by interfering in the health care sector. In 1919, the Department of Health was created; in 1957, the federal Hospital Insurance and Diagnostic Services Act was passed; in 1966, the Medical Care Act was passed; in 1984, the Canada Health Act was passed; in 2004, the Public Health Agency of Canada was created; and in 2007, another commission was created by the federal government to take up even more space in this jurisdiction belonging exclusively to Quebec and the provinces under the Constitution. I am talking about the Canadian Mental Health Commission.

In view of all this, it is clear that the Government of Canada, Liberal and Conservative alike, has decided over time to take its place in the health care sector even though it has no business there.

Like my Bloc Quebecois colleagues have said throughout the afternoon, if the government really wants the people that it represents to have access to better services, it should simply give to the provinces the means they need to carry out this responsibility. Instead of spending this money freely, and rarely in concert with the provinces, it should give it to them, through tax point transfers. This would give Quebec and the provinces the means to adequately carry out their responsibility, which is to give priority to the health of our fellow citizens. Of course, these concerns can also be ours, but the actions that result from these concerns and that are taken in this Parliament must absolutely respect the fact that health is a jurisdiction of Quebec and the provinces.

Another aspect of federal interference in health has to do with research and education. By creating research institutes, whose mandate is to provide better health products and services and to strengthen Canada's health system, the government is once again—because of its tendency to always control more—further encroaching upon areas which, under the Constitution, fall outside federal jurisdiction.

The Bloc Quebecois has often said that investments in research are necessary. However, it is important to point out that, through the Canadian Institutes of Health Research, the federal government is giving itself the power to impose its priorities and views on the health sector. This goes way beyond research as such.

I have said repeatedly in the House that the Bloc Quebecois wants the federal government to substantially increase research budgets. We think this money should be transferred to Quebec, so that it can invest it according to its own criteria, and without any condition.

The whole educational component is often connected to research. Education is not a federal jurisdiction. It comes exclusively under the governments of Quebec and the provinces. Therefore, all the money needed to fund our university sector should be distributed by the governments of Quebec and the provinces. That is their responsibility.

As I mentioned, and as my colleagues have said throughout the afternoon, since I am convinced that all hon. members are aware of the importance of this sector, it is crucial that the money be available and that this government adequately carries out this responsibility by transferring tax points to Quebec and the provinces.

Throughout the history of Quebec, governments have taken a stand and demanded that the federal government stop interfering in the health file and stop dictating to Quebec, by its actions, how it should carry out its responsibilities in the area of health.

Governments of all political persuasions, not just sovereignist governments, took this position for Quebec.

Although I have already spoken about this in the House, I would like to do so again. I would like to speak of the different governments that, over the course of Quebec's history, presented specific demands to the federal government in this regard.

Maurice Duplessis' second government—from August 30, 1944 to September 7, 1959—had the following message:

Quebec considers that the following areas are the exclusive jurisdiction of the provinces: natural resources, the establishment, maintenance and administration of hospitals, asylums and charitable institutions, education in all areas including university studies, the regulation of professions, including the entrance requirements to the practice of medicine and relations between patient and physician, social security, health and public hygiene, the construction of bridges and roads.

Earlier, I gave examples pertaining to human resources management in health care, education, the way in which funds are allocated to our universities, and hence the actions, programs and research our universities must carry out. I also spoke of public health. The government of Maurice Duplessis told the federal government that it was none of its business, that it should look after its own affairs, and to give us our money, the money sent to the federal government, the money that it does not want to give back in order for us to meet our needs. That is what the government of Maurice Duplessis said at the time.

I will also quote another government, the Union Nationale government of Daniel Johnson Sr., in power from June 16, 1966 to September 26, 1968. I would like to highlight the demands and the message of that government with respect to health care and protecting this jurisdiction which, under the Constitution, remains the jurisdiction of Quebec.

To ensure the equality of the French Canadian nation, Quebec needs greater powers. It wants to make its own decisions in certain areas: 1) development of its human resources (i.e. every aspect of education, social security and health); 2) economic affirmation (i.e. the power to implement economic and financial mechanisms); 3) cultural expression (arts, letters and the French language); 4) the influence of the Quebec community.

Even back then, there was talk about every aspect of health, and not small exceptions here and there.

It also said “the power to implement economic and financial mechanisms”. We just have to look at what the federal government wants to do with its Canada-wide securities commission. It wants to undermine Quebec's power to take its economy in its own hands and therefore centralize everything in Toronto once again. Does that not prove that what Daniel Johnson Sr. was saying is still current?

He was also advocating for cultural expression, in the arts, literature and the French language, and that is what we have been constantly asking the House to do: to transfer those powers to Quebec and the funds that come with those powers because Quebec is a strong and creative nation and we need to be able to invest all our resources in those areas.

I would also like to talk about Robert Bourassa, if I may.

After the Meech Lake accord, Robert Bourassa said that under the Canadian Constitution, social and health care issues indisputably fell within the exclusive power of the provinces.

Robert Bourassa also told the federal government to mind its own business. The Bloc Québécois is asking the same thing today.

I hope that all the hon. members of the House have understood the message and will vote in favour of this motion.

Sustaining Canada's Economic Recovery ActOral Questions

October 7th, 2010 / 5:25 p.m.


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, over and over again I have heard Liberal speakers in the House criticizing the budget implementation process, with Bill C-9 and Bill C-47. With Bill C-9, they complained about the airline tax increases that would raise airline tax fees 50%, bringing them much higher than competing American airlines from which Canadian airlines were trying to draw business. They criticized the provisions of the omnibus budget bill of 880 pages that threw in things like the privatization of the remailers with Canada Post. Then when all was said and done, the Liberals ended up supporting the government, keeping the government in power by making certain that 30 of their members walked out just before the vote.

Are the Liberals going to continue this practice of keeping the government in power, or this time are they going to vote with other members in the opposition and defeat the government on this budget bill? If they are so opposed to the budget, then why do they not vote against it?

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:55 p.m.


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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Madam Speaker, Bill C-9 is a very interesting bill in that there are some things in it that the government says it never does. Specifically I am talking about raising taxes.

I will not ask my friend from Winnipeg about raising the export tax on softwood lumber products by 10%. We will not count that as a tax. We have talked many times in the House about the HST and the government contribution to it.

However, let me ask about a tax in the bill about which my colleague knows quite a bit. I am talking about the airline tax that increases, by 50%, the security fees paid for in flights. Could he comment on that?

Canada Post Corporation ActPrivate Members' Business

September 30th, 2010 / 5:40 p.m.


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NDP

Chris Charlton NDP Hamilton Mountain, ON

Madam Speaker, I am pleased to rise in the House today to speak in support of the library book rate, specifically Bill C-509, which amends the Canada Post Corporation Act to protect the reduced postage rate for library materials.

I commend the member for Brandon—Souris for bringing this important bill forward and for his tenacity in pursuing it ever since he was first elected in 2004. I wholeheartedly agree with him that maintaining the book rate is crucially important for a whole host of reasons, some of which I will enumerate shortly. I hope the member will understand that I also have to put this bill into the larger context of this government's record on issues related to Canada Post, learning, and literacy. While that context does not in any way detract from his personal efforts to do the right thing with this bill, it calls into question whether this bill, even if passed, will meet its desired objective.

By way of background, for those who may have just tuned into the debate, I should explain what the book rate is. Since 1939, libraries in Canada have been able to exchange books at a reduced postage rate. That is what is known as the library book rate. It allows all libraries in Canada to access one another's reading materials at relatively low costs, so that smaller libraries, for example, have access to the larger collections that exist primarily in urban centres. That is critically important.

First, the book rate ensures that we do not end up with a two-tiered library service, one for those who can afford to pay for access to information and one for those who cannot. This would jeopardize the access of Canadians to the resources necessary to learn, innovate, and prosper in the information economy of the 21st century. Access to library materials should not depend on the size of one's wallet but, rather, on one's thirst for knowledge.

Second, Canadian students, persons with disabilities, and residents of rural communities would be particularly disadvantaged, since they rely heavily on their local library's ability to share resources with larger centres.

Third, it would severely reduce access to books for people living in rural and remote parts of Canada.

Fourth, it would reduce the level of service libraries provide, possibly forcing the program to operate on a cost-recovery basis, with patrons and learners having to bear the costs. Such user fees would discourage many patrons from making mail-based borrowing requests.

Fifth, smaller libraries would stop providing lending services and, in turn, would only borrow materials.

Sixth, it would deprive the rest of the country of the ability to access the unique information resources often preserved in our local libraries.

Seventh and last, it could easily result in denying access to library materials for people who are homebound.

For all of these reasons, it is imperative that there be some control on increases to the book rate. I applaud the member for Brandon—Souris for using this opportunity to ensure that from now on the library book rate would also apply to the shipping of CDs, CD-ROMs, DVDs, and other audiovisual materials. This is important for keeping pace with the changes in technology that have allowed us to access information in new formats, and in fact these new formats may over time actually reduce the cost to Canada Post since CDs weigh far less than books.

In the end, however, Bill C-509 does not prohibit an increase in the book rate per se. Instead, it simply says that any such increase must receive approval of the Government of Canada. The bill suggests that it is the Governor in Council who must okay an application for a rate increase by Canada Post, and the Governor in Council is the cabinet.

I am sure the member for Brandon—Souris made this proposal in good faith. Indeed, when he spoke to the bill he said that it would ensure that Canadians' voices will be heard on this sensitive issue before any rate changes occur. However, if that is truly his intent, why would his bill not stipulate that requests for increases to the library rate must be approved by Parliament instead of the Governor in Council? It is in the House of Commons that the voices of all Canadians are heard through their elected representatives.

The same is not true of the cabinet. Yet the viability and vitality of Canada's public libraries is, or at least should be, of keen interest to every single MP in the House. It is unfortunate that Bill C-509 excludes a review by all of the elected members who have libraries in their communities, and, as a result, it needlessly circumscribes the scope of the arguments that ought to be brought to bear on any request by Canada Post to raise the library rate.

I know that some members of the House will suggest that I am being alarmist and that the distinction of whether it is the cabinet or the House of Commons that must give its sign-off is one of mere semantics, but I suspect most of those members would be from the Conservative benches. Only in their caucus must members act as they are told by the Prime Minister, without any ability to bring independent thinking to the decision-making process. Indeed, that has been the hallmark of the Prime Minister's administration.

Let us recall what the government's track record is with respect to both literacy and Canada Post.

Let us begin with the latter. Just before the end of the last session of Parliament, the House was dealing with Bill C-9, the government's budget implementation bill. What do we find in that bill? We find an attack on Canada Post's exclusive privilege to handle international letters.

I have twice before had the privilege of speaking on this issue in the House, so I will be brief today.

At the heart of the issue was that international mailers, or remailers as they are commonly known, collect and ship letters to other countries where the mail is processed and remailed at a lower cost. In doing so, they are siphoning off $60 million to $80 million per year in business from Canada Post.

Yet Canada Post needs that revenue to provide affordable postal service to everyone, no matter where they live in our huge country. In fact, one ruling by the Court of Appeal for Ontario stressed the importance of exclusive privilege in serving rural and remote communities and noted that international mailers are not required to bear the high cost of providing services to the more remote regions of Canada.

Canada Post won this legal challenge against the remailers in the Supreme Court. What did our law-and-order government do in response? It stood up for the international mailers, who are currently carrying international letters in violation of the law.

The Conservatives are allowing them to siphon off business from Canada Post, and they sneaked the enabling legislation into the budget bill.

What does that have to do with the library book rate? There is an integral connection. Canada Post would raise the book rate as a way of increasing its revenue stream so that it can continue to meet its mandate. This revenue crunch is now becoming a reality, because the cancellation of Canada Post's exclusive privilege to deliver international letters is taking a $60 million to $80 million bite out of the corporation's coffers.

Why would we trust a government that is hell bent on leading Canada Post down the road to privatization to safeguard affordable rates for access to library materials? It does not make sense.

We know that private corporations are driven solely by profit motives, and subsidies for things like the library book rate detract from that bottom line.

Similarly, the notion of trusting the government to protect access to library materials as an important tool for improving literacy in our country flies in the face of the government's record on the issue.

When the Conservatives came to power in 2006, one of the first things they did was cut $1 billion from critical programs, including literacy and skills training. Yet there was and is a preponderance of evidence to prove that education is critical to achieving a just and prosperous future.

Even the C.D. Howe Institute, which is hardly an NDP think tank, has repeatedly noted that Canada continues to under-invest in education, especially since research shows that the impact of functional literacy on productivity and GDP is three times that of capital investments.

In spite of that evidence, the Conservatives cut their support for literacy training and left to fend for themselves the 42% of Canadian adults who have, by international standards, an inadequate functional literacy level.

In light of that record, it is far too much of a stretch to suggest that the government would act decisively to protect the library book rate on behalf of Canadian families. In fact, the opposite is much more likely to be true.

Therefore, while I have no quarrel with what I believe is a sincere desire on the part of the member for Brandon—Souris to safeguard the library book rate from arbitrary increases imposed by Canada Post, I would ask him to go just one step further. Do not give cabinet the responsibility for final approval. Make the issue come to the floor of the House of Commons and allow the views of all Canadians to be brought to bear on this crucial issue. Only in this way can we be assured that the collections of all libraries are recognized as national assets that must be accessible to all Canadians, so that they can support education and lifelong learning and help to enhance Canada's global competitiveness and productivity.

I know that all members of the House would support that laudable goal.

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

Mr. Speaker, I thank my hon. colleague for his input and look forward to working with him in the future on this and other issues of importance to Canadians.

The recent passage of Bill C-9, the Jobs and Economic Growth Act, implemented important changes to strengthen federally regulated private pension plans. We will continue to strive to make an already strong foundation of pension services and retirement security even stronger. That said, pension reform must be undertaken with due deliberation. That is why we have taken great care to get input from Canadians from coast to coast and why we have been continuing to work with our provincial and territorial colleagues.

At the end of the day, Canadians can be sure that the government, within its legislative mandate, will make the tough choices and do the right thing to protect the retirement income of Canadians.

September 27th, 2010 / 7:05 p.m.


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Edmonton—Mill Woods—Beaumont Alberta

Conservative

Mike Lake ConservativeParliamentary Secretary to the Minister of Industry

Mr. Speaker, I am pleased to rise to respond to the concerns raised by the member for Hamilton East—Stoney Creek.

The government very much understands the value of secure and sustainable pensions and has taken action on a number of fronts.

On the narrower issue of bankruptcies and restructurings, the government has already taken steps to protect pensioners by amending insolvency laws. For example, in July 2008 we amended the Bankruptcy and Insolvency Act to provide a higher priority for outstanding pension contributions so that those amounts would be paid to pensioners ahead of even secured creditors. In September 2009 we made similar changes to the Companies' Creditors Arrangements Act, dealing with pensions in the case of firms undergoing a restructuring.

However, attempting to deal with unfunded pension liabilities through insolvency legislation can have a significant impact.

Canada's insolvency laws aim to encourage restructuring as evidence shows that this leads to better recovery for creditors and preserves more jobs. We must be careful therefore before changing the priority assigned to various claims in insolvency, as doing so can have a significant impact on a businesses ability to restructure, the availability and cost of credit and on the other creditors of an insolvent company, including small suppliers, independent business partners, landlords and many others.

However, the longer term answer to pension security requires a multi-faceted approach. Prevention and proactive solutions must be the order of the day if we are to ensure adequate retirement security for Canadians.

That is why last October, in the federal domain, the Minister of Finance announced some important reforms. A number of these reforms are now coming to fruition with the government's recent passage of Bill C-9, Jobs and Economic Growth Act, which among other things, implements important changes to strengthen federally regulated private pension plans.

Complementing the act are changes to the relevant sections of the pension benefits standards regulations that the minister proposed in early May. These changes will enhance protection for plan members, reduce funding volatility and modernize the rules for investments by pension funds. They will allow sponsors to better manage their funding obligations and give them greater flexibility in investment allocations.

The member should rest assured that for its part the federal government, after considered deliberation to reconcile the needs and perhaps at times conflicting advice received from stakeholders, will make the necessary choices and do the right thing for Canadians.

Combating Terrorism ActGovernment Orders

September 21st, 2010 / 12:50 p.m.


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NDP

Megan Leslie NDP Halifax, NS

Madam Speaker, it is almost a cliché to say that the events of September 11, 2001 changed the world, but Professor Wayne MacKay, a professor at Dalhousie law school, wrote in a article called “Human Rights in the Global Village” that this was only partly true because:

—terrorism has been an international force for many years. However, on September 11, 2001 the reality of terrorism was visited on the heartland of the United States and it became clear to all that even a super power was vulnerable to the forces of terrorism afoot in the world. The world may not really have changed as a result of “9/11”, but the way that the United States, and by association Canada, approach the world did. We have become more cautious and national security has become a value that trumps most other values--including human rights.

Like most people, I have a very vivid recollection of where I was when the planes hit the Twin Towers in New York City. I was starting my first week at Dalhousie law school and was in the student lounge, which was packed with other students. We were all utterly silent.

I am not really one for numbers. I can never remember if it is Bill C-11 or Bill C-392 or Bill C-9 in the 40th Parliament or the 38th Parliament, but I remember Bill C-36, the Anti-terrorism Act that was introduced in 2001. I remember it like I remember 9/11 because even though I was a fresh-faced law student eager to learn about this great big concept called the law, a concept based on human rights, justice and fundamental freedoms, I still knew that Bill C-36 was a departure from that base of justice and human rights.

As first-year law students, a group of us started a student association called SALSA, the Social Activist Law Student Association. SALSA was and continues to be, and it is still at Dalhousie law school, the coming together of like-minded students who are interested in seeking justice, environmental, social and economic justice. We want to see it realized in our communities.

When Bill C-36 was introduced in 2001, we did not know what to do, but we knew we had to do something. Therefore, we organized a panel of human rights and justice criminal law experts to talk about the bill and educate us on what was exactly going on and what the bill was trying to accomplish. Some of us wrote letters to the editor, others wrote op eds and we wrote to our members of Parliament.

There was a growing consensus then that the dangers of Bill C-36 were that it would trump our human rights and civil liberties in the face of national security and allow for government to act in the shadows shrouded in mystery and secrecy. However, the one thing everybody hung their hats on was the fact that there was a sunset clause in the act. That was the first time I had even heard the term “sunset clause”. The idea was that after a period of time, a review of the legislation would automatically be triggered by Parliament.

The current bill, Bill C-17, proposes amendments to the Criminal Code that would reinstate provisions from the Anti-terrorism Act of 2001 that expired under that very sunset clause in 2007. Very specifically, the bill relates to investigative hearings whereby individuals who may have information about a terrorism offence, whether it is in the past or the future, can be compelled to attend a hearing and answer questions. No one attending a hearing can refuse to answer a question on the grounds of self-incrimination, which is quite different than if someone is in a court facing Criminal Code charges.

The other issue is preventive arrest whereby individuals can be arrested without a warrant in order to prevent them from carrying out a terrorist act. It is detention based on what someone might do. The arrested individual has to be brought before a judge within 24 hours, which is fair, or as soon as feasible and the judge determines whether that individual can be released unconditionally or with certain conditions for up to 12 months. Also, if those conditions are refused, the person can be imprisoned for up to 12 months.

International human rights and domestic human rights are increasingly related when we look at the global village of today. What we do in Canada affects the greater and wider world and our actions have worldwide implications. Similarly, actions outside of Canada's borders can and do have an impact here.

As Greg Walton wrote in a piece for the International Centre for Human Rights and Democratic Development:

Canada has an obligation to provide a model; we need to stand straight lest we cast a crooked shadow.

After my graduation from law school, I had the opportunity to work with Professor Wayne MacKay doing research and assisting with his preparation for the lecture that I spoke about, as well as his appearance before the Senate committee actually reviewing the anti-terrorism legislation back in 2005. While I was working with him, one topic of conversation that we kept coming back to was the idea of racial profiling.

Racial profiling has been defined by the Ontario Human Rights Commission, which is a really good definition, as follows:

...any action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment.

Professor MacKay pointed out that before September 11 the issue of racial profiling was really about driving while black. A stark example of this comes from my home province of Nova Scotia with the story of Kirk Johnson, a boxer whose case appeared before the Nova Scotia Human Rights Tribunal. When Mr. Johnson was repeatedly, over years, pulled over by police in his expensive car with Texas licence plates, the tribunal found that actually race was a determining factor in the police's decision to pull him over again and again.

Since September 11, that phrase, driving while black, has actually been recoined as flying while Arab. Profiling is broader than just race now. It takes into account religion, culture and even ideology. Concerns about profiling based on race, culture or religion are real but they are accentuated by threats of terror. There is an alarming tendency to paint an entire group with one brush when in fact it is the act of individuals rather than religious or ethnic groups that are at fault.

We know about the uproar in the United States with the proposed building of a mosque six blocks from the site of the World Trade Centre. We think that kind of thing certainly could not happen here but here at home, on the day after the arrests of 17 terrorist suspects in Ontario, windows were broken at an Islamic mosque in Toronto. It can happen here and it does happen here.

At the Senate committee hearings in 2005 actually reviewing the Anti-terrorism Act, Canadian Muslim and Arab groups argued that if law enforcement agents were going to use profiling in their investigations, profiling needed to be based on behaviour, not ethnicity or religion. However, in a Globe and Mail article, a member of this House on the government side cited a different opinion when he said, “(y)ou don't send the anti-terrorist squad to investigate the Amish or the Lutheran ladies. You go where you think the risk is”.

Within the context of Bill C-17, we need to think about the real danger of imposing a sentence. I know it is not a sentence in the strict criminal terms of what a sentence is, but it is a 12-month sentence in prison based on something someone thinks a person might do. We can layer that with the fact that we know profiling is happening in Canada.

We know the Criminal Code works. We know there are provisions in the Criminal Code for a wide range of charges related to anti-terrorism. It is working. How do we know that? It is because these proposed sections that we are talking about in Bill C-17 have never been used. Therefore, why would we take that risk?

We have anti-terrorism legislation that has proven to be useful. The reason that these two provisions have never been used and were not renewed at the end of the sunset clauses is that they did not meet that balance between national security and human rights and civil liberties. There is a reason they expired with the sunset clause and there is absolutely no reason for us to bring them back to life today.

Opposition Motion—ProrogationBusiness of SupplyGovernment Orders

June 17th, 2010 / 11:45 a.m.


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Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, the Liberal opposition day motion covers some things that are already being done. A legislative committee is working on the prorogation issue. Still, the main advantage of this motion is that it gives us the opportunity to discuss the December prorogation again. The government realized that that was a serious mistake, and it is trying to make us forget about it. As this session comes to a close, I believe it is not a bad idea to look at the Conservative government's overall behaviour by means of this motion, which I must say is not the most original motion I have ever heard.

That said, though, I do think the motion gives us a chance to take stock of the anti-democratic behaviour of the Conservative government and the Prime Minister. Of course, we will not vote for this motion if the amendment is not passed, because it would be pretty odd to vote to set up a special committee that would have to report next Wednesday. We reserve our decision on this. The motion is an opportunity to take stock of how this government has behaved in the House since 2006.

Things would have been different if last December had been the first time the government had used prorogation, a perfectly legitimate mechanism in the British parliamentary tradition whereby the Governor General is asked to prorogue the session. We would have understood if the government had asked for a prorogation for the first time because it had nearly completed its legislative agenda and the bills it had introduced over the months had been debated, amended, passed, defeated or what have you.

But December was the second time the government and the Prime Minister used prorogation to avoid answering the opposition's questions and facing up to their responsibilities. So we are completely within our right to criticize and challenge the government's actions, because the only purpose of last December's prorogation was to suppress allegations that Afghan detainees transferred by the Canadian Forces to the Afghan authorities were tortured. We all know about it now, so the government's tactic did not work. But the fact that it did not work is not why it was the wrong thing to do.

Earlier the parliamentary secretary talked about what a waste it would be to create a new committee. Was there any bigger waste this year, in 2010, than the month of parliamentary work the Conservatives made us lose? They supposedly tried to make up for lost time by getting rid of break weeks. That was the biggest waste there ever was.

The money spent on the G8 and the G20, the fake lake and the virtual decor is one thing but this is on an entirely different plane. We are talking here about a month of parliamentary work that could have prevented what happened yesterday when the government pulled out of its hat a bill that was introduced in mid-May. The government did not bring the bill back to the House until June 6 or 7 and told us, a few days before the end of the session, that the bill was absolutely necessary for preventing a notorious criminal, Ms. Homolka, from applying for a pardon.

Why did the government not wake up sooner? In part because we lost a month of parliamentary work as a result of this unnecessary prorogation. And then the government tried, as it has many times before, to push through a bill that we are not prepared to accept without amendments. We voted to refer Bill C-23 to committee in order to study it seriously and to amend it. The government wanted to impose its agenda on us.

The Bloc Québécois stood firm. I am pleased to note that the other opposition parties did so as well. The Liberal Party in particular stood firm for once. We forced the government to accept a compromise that everyone could agree on. The bulk of Bill C-23 will be studied in committee and we will take the time to amend it in order to change what we dislike about it.

Our experience yesterday with the drama invented by the Minister of Public Safety and the Conservative government could have been avoided had we used the month of February to examine bills already introduced and if the government had better planned its work.

I will give an example. Why was it urgent to pass Bill C-2 on the Canada-Colombia free trade agreement? Was it really urgent that it pass? The government devoted all kinds of time, effort and resources to try to ram the bill down the throat of the NDP and the Bloc Québécois, even though our trade with Colombia is very limited. Furthermore, the human rights situation and democratic rights in Colombia are cause for a great deal of concern.

We could have used the parliamentary time to examine Bill C-23 earlier. However, the government decided otherwise. It is its right and responsibility, but it did not make responsible choices. This is all the result of the Prime Minister's decision of December 30, 2009 to prorogue the session until early March.

There is another negative aspect. Thirty-six bills died on the order paper, including 19 justice bills. That is an indication of the hypocrisy of the Conservative's rhetoric on justice. Once again, the government told us that it was proroguing to recalibrate its political and legislative agenda. Perhaps it understood that a number of its bills were not acceptable to Quebeckers and many Canadians. It told us it was proroguing in order to come back refreshed in March.

So, what happened? Two days after the start of the session, the government proposed a budget that was completely unacceptable to Quebec. There was nothing in the budget to meet the needs of the regions or the forestry and aerospace sectors. Nor was there anything for the unemployed in Quebec or in Canada. The government spent one and a half months to present the same, unacceptable budget that it presented in spring 2009.

During that month, no work was done. I wonder what the Conservatives were doing. They probably travelled around handing out cheques. In Quebec, that has led to the Conservatives dropping below 16% in the polls. The fact remains that they acted under false pretences.

That was the latest prorogation. With the other one, just a few weeks after the election, a few days after Parliament returned in November 2008, the Minister of Finance presented an economic statement that was nothing more than an ideological statement. No concrete measures were announced to combat the looming financial and economic crisis. Instead, it was an attack on the opposition parties, and on women's rights in particular. This attack was totally unacceptable to the three opposition parties and to a good number, if not the majority, of Canadians. I can assure you that the majority of Quebeckers were opposed to this dogmatic, ideological and provocative approach.

The government sparked a political crisis a few weeks after the October 2008 election. It should have realized that it was a minority government and that Canadians had given it a minority in the House, especially Quebeckers, who sent a majority of Bloc Québécois members to represent them in Ottawa. The Prime Minister should have realized that a minority government has to work with the opposition parties.

That is not what he did. Instead, he sparked a political crisis and the opposition parties reacted by proposing an NDP-Liberal coalition, supported by the Bloc, on certain conditions that we announced and that were respected by the NDP-Liberal coalition at that time.

A confidence vote was scheduled, and instead of submitting to the decision of the House, the Prime Minister chose to pay another visit to the Governor General to request prorogation and avoid being held accountable. His request was granted, but only after two hours of discussions I must point out.

I suspect that her attitude and the fact that she had the nerve to question the Prime Minister cost Michaëlle Jean her job as Governor General. Of course, we do not know exactly what they talked about, but the conversation took long enough to suggest that she did not say yes right away, which is what often happens, and may have asked for an explanation. At any rate, the House was prorogued once again at the Prime Minister's request to avoid a confidence vote.

The very same thing happened during the September 2008 election. The government built up expectations. We have seen some of that during this session too, particularly in the spring when they paralyzed the committees. Mao Zedong gave us the Little Red Book, and then the Prime Minister gave us a blue book about how any good, self-respecting Conservative can sabotage a committee's work. The government created an artificial paralysis in the committees. The Prime Minister and his Conservative members and ministers, with their sorrowful and utterly false statements, have apparently tried to convince Canadians and Quebeckers that opposition parties were to blame for this paralysis because they blocked committee work on legitimate government bills passed in the House.

After this buildup, the Prime Minister simply triggered an election in an attempt to not have to answer the opposition's questions on a number of issues and, in particular, to not have to respond to the allegations of torture in Afghanistan.

There again, this way of doing things seems fine according to British parliamentary tradition, but it is very questionable in terms of democratic legitimacy. Finally, the government is using all sort of tactics to not have to answer for its actions, to try and impose its backwards, conservative agenda on policy, economic, social and cultural fronts. And if that is not suitable, it provokes the opposition and tries, with measures that are, again, fully legal, to short-circuit the work of Parliament.

I think that it is important to use this opportunity provided to us by the Liberals to remind the public of that. At the same time, I must say that the Conservatives' provocative approach, which is extremely negative and undemocratic, has been encouraged by the Liberals' weakness because the government knew in advance that not all of the Liberal members would be in the House to vote against the budget implementation bill, Bill C-9. Again tonight, we will be voting on supply and it will be interesting to count the number of Liberal members in the House.

Benefiting from this weakness, the Conservatives try to impose their agenda on the opposition—on the Liberal Party in particular—and we have seen this throughout the session.

Another example of extremely questionable Conservative behaviour is the issue of the documents concerning allegations of torture in Afghanistan. A motion had to be passed in the House on December 10, ordering the government to produce a series of relevant documents that would reflect the work done by the Afghanistan committee concerning allegations of torture. The House adopted the motion by only a slight majority. A number of weeks after prorogation, we had to raise this issue and demand these documents again. Each time, the government tried to deflect the question by tabling highly censored documents that showed nothing that would lead us to believe that it was responding to the motion passed on December 10 requiring them to produce documents.

The fact that the requests for the production of documents do not die on the order paper following a prorogation, as government bills do, might come as a surprise for the Prime Minister and the Conservatives. Perhaps the Prime Minister had been misinformed and believed that by proroguing Parliament, the order to produce documents concerning allegations of torture in Afghanistan would disappear. That was not the case.

The opposition did not give up, and questions of privilege had to be raised so that the Speaker could intervene in the matter.

The Speaker's historic decision of April 27, 2010, was very clear: the documents must be handed over, while protecting all information related to national security, defence and international relations, and the opposition has always agreed with that. However, we had to pressure the government further to reach an agreement in principle. We also had to constantly brandish the sword of Damocles—contempt of Parliament—so as to obtain the compromises needed from the government in order to finally implement the mechanism. We only hope that it will be implemented quickly.

This shows how we had to push the government to the wall in order to obtain results that, theoretically, should not have posed a problem, since there had been a democratic majority vote in the House. The government should have simply obeyed the order of the House, yet each time we had to use every means at our disposal to force the government to respect the democratic decision made in the House.

We are still in the same situation today. The House is about to rise for the summer break and we will be in exactly the same position when we come back around September 20.

The government has decided not to let political staff appear before committees anymore. The Prime Minister no longer allows his press secretary and director of communications, Dimitri Soudas, to appear before the Standing Committee on Access to Information, Privacy and Ethics. The committee therefore gave Mr. Soudas an ultimatum: he must appear. But he is hiding. There is bound to be a new children's game called Where's Dimitri? after Where's Waldo? The bailiffs tried to serve him with a subpoena, but he followed the Prime Minister to Europe to avoid it.

The Standing Committee on Access to Information, Privacy and Ethics legitimately and legally said that Mr. Soudas had to be aware of the subpoena requiring him to testify before the committee, because the newspapers had written about it. But perhaps Dimitri does not read the papers, which would be an unusual thing for the press secretary and director of communications with the Prime Minister's Office. Dimitri Soudas is well aware he has to testify before the Standing Committee on Access to Information, Privacy and Ethics, and the deadline was yesterday.

Today, the committee is starting to write a report that will be tabled in the House. It may be tabled tomorrow, next week or when Parliament resumes. This report will serve as the basis for a new question of privilege and for making a case for contempt of Parliament.

We are leaving off at the same point as where we were at the beginning of this session. The atmosphere in Parliament is rotten, poisoned by the Conservatives' anti-democratic attitude, which has nearly reached the point of provocation a number of times.

Again, what happened yesterday was quite something. At the beginning of the day, the Minister of Public Safety, accompanied by the ineffable Senator Boisvenu, came to tell us that it was Bill C-23 or nothing. At noon, we were told it was Bill C-23 or nothing. Finally, they had to fold.

Instead of trying to get Bill C-23 passed with all its poison pills, it would have been much simpler for the government to tell the opposition parties that it wanted to prevent Ms. Homolka from being able to apply for a pardon, given that she was released from prison five years ago.

The government could have asked that, in light of the seriousness of the acts she committed, we amend the current pardon legislation—that is not actually the title—to change the period of time before an individual is eligible for a pardon to 10 years from the current five years. We would have been open to discussing that, but again, there was a pseudo political crisis provoked by the Conservatives.

I will close by saying that an anti-democratic attitude is poisoning the atmosphere. The government also has an anti-Quebec attitude that is supported more often than not by all Canadian parliamentarians and sometimes by MPs from Quebec in parties other than the Bloc.

I am thinking about the Canada-wide securities commission and Bill C-12 to reduce Quebec's political weight in the House, the GST and QST harmonization, where the government is not just dragging its feet, it has shut the door. I am thinking about the government's attitude with regard to climate change and culture, which is extremely important to Quebec's identity.

There are also the issues of equalization, employment insurance and the guaranteed income supplement. Not only is this government anti-democratic in the way it does things, but it is not meeting the needs of Quebec and the people.

Protecting Victims From Sex Offenders ActGovernment Orders

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


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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.


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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.


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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.

Lake of the Woods and Rainy River BasinsPrivate Members' Business

June 2nd, 2010 / 5:45 p.m.


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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I congratulate the member for bringing forward this very important motion. It is an excellent initiative, and I will be supporting it. I do have to take a little umbrage when he said, “a riding of unparalleled beauty”. I know he realizes Yukon is the most beautiful riding in the country.

Should the hon. member be fighting against the changes in Bill C-9, which would reduce the environmental assessment rigour? If a project with these relaxed regulations would get through, it could affect Lake of the Woods negatively and no one on any side of the House would want that.

Bill C-9--Notice of time allocationJobs and Economic Growth ActGovernment Orders

June 1st, 2010 / 5:50 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, it is with great reluctance that I rise to advise you that an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the report stage and third reading stage of Bill C-9, the jobs and economic growth act.

As you know, Mr. Speaker, Canadians are expecting this bill to pass before we rise for the summer. Some of the consequences of our not adopting Bill C-9 by the summer are that payments will not be authorized for over $500 million in transfer protection to the provinces. Bill C-9 also authorizes appropriation of $75 million for Genome Canada, $20 million for Pathways to Education Canada to provide support to 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.

Therefore, under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of the proceedings at the said stages.

Bill C-9Oral Questions

June 1st, 2010 / 2:45 p.m.


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Macleod Alberta

Conservative

Ted Menzies ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, once again I would like to reiterate how important Bill C-9 is. We had good news just yesterday. The GDP grew by 6.1% in the first quarter. Why is that? It is because this Conservative government put in an economic action plan last year and part two this year. We are trying to get money out to Canadians to save jobs and build new jobs, and the opposition does nothing but stand in the way of that.

Bill C-9Oral Questions

June 1st, 2010 / 2:45 p.m.


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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Mr. Speaker, when the Conservatives were the opposition, they criticized the Liberals for stealing from the employment insurance fund. With Bill C-9, the Conservatives are getting ready to condone this theft by wiping the slate clean and simply erasing the $57 billion belonging to contributors.

Does the government realize that Bill C-9 condones looting the employment insurance fund, something the Conservatives criticized when they were the opposition?

Bill C-9Oral Questions

June 1st, 2010 / 2:45 p.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Yes, with their Liberal allies the Conservatives got it through, Mr. Speaker, but the NDP stood and voted against it.

Last year the Conservatives and their faithful Liberal servants joined forces to scrap Canada's 100-year-old Navigable Waters Protection Act. This year, they are teaming up again and future generations will pay the price because meaningful environmental assessment will be a thing of the past.

Yesterday the Minister of the Environment stated that he was reducing environmental assessment because that is what everyone has been asking for.

If the minister truly believes that Canadians want less environmental protection, why does he not have the courage to remove environmental assessments from Bill C-9, the dumpster bill, and submit it to a vote?

Bill C-9Oral Questions

June 1st, 2010 / 2:45 p.m.


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Macleod Alberta

Conservative

Ted Menzies ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, it is a pleasure to comment on Bill C-9, a bill that has actually gone through an all party committee of the House that sent it back here for third reading and without amendments.

We have had nearly three months to debate it. There are some very critical pieces in this bill. For example, many provinces have already budgeted for the $500 million in increased transfer payments that they require to balance their budgets.

Bill C-9Oral Questions

June 1st, 2010 / 2:45 p.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Mr. Speaker, the C-9 dumpster bill includes provisions on a whole range of subjects that have nothing to do with the budget. Among other things, the Conservatives are proposing to sign off on the theft of $57 billion from the employment insurance fund initiated by the Liberals.

If the government thinks that Canadians agree that it is a good idea to steal employment insurance contributions in order to afford tax cuts for BP and the Royal Bank, then why does it not have the courage to remove this component from Bill C-9 and put it to a separate vote in the House?

Natural Resources--Main Estimates, 2010-11Business of SupplyGovernment Orders

May 31st, 2010 / 8 p.m.


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Conservative

Christian Paradis Conservative Mégantic—L'Érable, QC

Madam Chair, that is false. The National Energy Board has environmental procedures that must be respected. I refer my colleague once again to the Canada Oil and Gas Drilling and Production Regulations, which include many conditions. In the past, the board has conducted environmental assessments that may have overlapped those of the Canadian Environmental Assessment Agency. Our Bill C-9 aims to clarify the entire process to make it more user friendly, but more importantly, to better protect the environment. The public will have greater access to any assessments the board conducts.

Natural Resources--Main Estimates, 2010-11Business of SupplyGovernment Orders

May 31st, 2010 / 7:30 p.m.


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Bloc

Paule Brunelle Bloc Trois-Rivières, QC

Madam Chair, at the very least, can the minister tell us whether any Canadian companies are in a position to buy AECL?

My second question is about the minister's commitments concerning isotope supply. We know that Bill C-9 does not provide any supply guarantees whatsoever. People, sick people in particular, are worried.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 31st, 2010 / 3:35 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, after that very crude, wrong-headed attempt by the Conservatives to shut down yet another debate, I welcome the opportunity to actually raise a question on the issue at hand.

We can hear the reaction from the Conservatives. This is what they do. They take blunt instruments and try to brutally beat people into submission.

On the issue of Bill C-9, it is completely inappropriate what they have done with the monster bill in 24 different areas.

We have the third report of the Standing Committee on Citizenship and Immigration that the member for Trinity—Spadina has brought forward, thankfully. The issue, of course, is the issue of respecting diversity.

We have a government that does not respect diversity. It has cut and slashed all funding for organizations that support the rights of gay Canadians. In every single place, what it has done is slash funding. Now we see the citizenship guide that completely eliminates any reference to the many contributions of gay, lesbian, and transsexual Canadians.

We have people who come to Canada, and that presence, that history, and those immense contributions are simply erased by the government in a very mean-spirited way.

I want to ask the member for Trinity—Spadina if she sees this as a systematic attempt by the government to completely eradicate the contributions made by gay Canadians by eliminating references to gay rights, equal marriage, and the history of gay Canadians. Does the member see this as a strategy that the government employs to try to eliminate that respect for diversity on which Canada was founded?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 31st, 2010 / 3:35 p.m.


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NDP

Olivia Chow NDP Trinity—Spadina, ON

Thank you, Mr. Speaker, for that ruling. I thought that there should be at least an hour of discussion on this matter before a motion such as that was moved.

I will attempt to answer that question, rhetorical though it is.

It is important that we deal with this citizenship guide. Why? It is because the first batch of the citizenship guide has been printed. There probably will be a reprint of the guide quite soon.

It is such a basic issue of fundamental rights. Right now, in the Canadian Charter of Rights and Freedoms, sexual orientation is included. How is it possible that it is not in our citizenship guide? I think it is a priority. It is important that the House have a comment and issue a position on whether it believes that gay rights should be in the citizenship guide. That is why I raised that as a motion.

To try to answer the question the member has raised, I have no idea why environmental assessment, for example, is in Bill C-9 and whether it pre-empts a review of the environmental review process. Bill C-9, the budget bill, has all sorts of things in it that are not connected with the budget, such as the sale of Atomic Energy of Canada Ltd. or Canada Post, and so on.

Therefore, we should continue the discussion on this very important issue.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 31st, 2010 / 3:35 p.m.


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Macleod Alberta

Conservative

Ted Menzies ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, I thank the hon. member for Trinity—Spadina for raising a very relevant topic today, but with all due respect, I do not think we want to diminish the importance of this report.

We need to recognize that at hand is Bill C-9, which we were debating, the bill entitled leading the way on jobs and growth. That has seized all the members of the House and should, because there are a number of important issues in that bill that we need to get done immediately. I would suggest that all hon. members would be willing to continue with that hon. member's debate once we get the bill passed through the House.

Therefore, I move that the debate be now adjourned.

Bill C-9Oral Questions

May 31st, 2010 / 2:50 p.m.


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NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, the Conservative government buried major policy changes in the budget hoping to ram them through unnoticed with the rest of its agenda.

This American-style approach is bad for democracy and goes against the transparency the government pretends is so important to it.

The Liberals are no better. They are all talk and no action when it comes to opposing Bill C-9.

We are calling upon both parties to do the right thing for Canadians by pulling these sections out of the budget. If the government really believes that these changes have public support, then it can reintroduce them as stand-alone bills if it must.

Canada Post Corporation ActPrivate Members' Business

May 28th, 2010 / 1:45 p.m.


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am very pleased today to rise to support Bill C-509. I want to congratulate the member for sticking with it, so to speak, having introduced this bill evidently three times over four and a half years. I have known the member for Brandon—Souris now for quite a number of years. He is certainly a very hard worker and is looking out for the interests of his constituents in this case.

I see an interesting opportunity here for us to simply let this bill go to committee at the end of the first hour. I personally see no reason why we would want to use up House time for a second hour of debate on this particular bill when we are all in agreement. We are 100% in agreement on what he is trying to accomplish here.

I also find a slight contradiction, perhaps, in the member's party. On the one hand, the member is presenting a bill supporting a continued reduction in a subsidy for the delivery of library books, but on the other hand, his government is supporting hiving off remailers to the private sector and doing it through the budget implementation bill, Bill C-9.

I know there are people in his caucus who have an ideological problem with this because they would see a role here for the private sector. This would be a prime opportunity to have the private sector do private deliveries of library books. I am sure that there is a huge divergence of opinion in his caucus about this. We happen to align ourselves with him against the neanderthals in his caucus who would want to privatize this service, assuming that they are there. I am assuming that the argument has been made or would be made in that caucus.

Having said that, we are 100% behind him in his efforts to make certain that we stop the decline in rural areas, the decline in the north and the decline in the inner cities because of closures of not only bank branches, which have certainly happened over the last number of years, but certainly libraries as well. The member knows that, in the city of Winnipeg, we have had the closure of some branches in the poorer areas of our city, which has caused a huge public backlash.

People have organized and tried to stop the closure of the libraries. There has been a move toward large recreation centres in urban environments and then perhaps in rural environments as well. When there is a move to these larger centres, then there is a closing of the smaller centres. That disadvantages poorer people because the richer people can afford to get in the car and drive to the recreation centre in the next town or a few blocks down, or they can afford to drive to the library in the next town or suburb.

However, if one is living on a fixed income or social assistance and does not have a car to get around, then basically one is disenfranchised from the recreation centres or library facilities. That is not something we want to do. We want to try to reverse that. This has been an ongoing problem for the last 20, 30 or 40 years. Provincial governments have been trying to deal with it to keep people in the small towns, on the land, in the rural areas, and in the north.

I see this as just another battle that we have to engage in to stop or slow down the closure of small facilities and the driving out of business of these small libraries.

I have a question about the costs and the member knows that.

The member has mentioned that the Ottawa Regional Library would perhaps save $70,000 per year on its mailing costs. He has also indicated that currently it is paying a factor of say $3 and the new rate, if Canada Post had its way, would be to jump it to $12. It would be multiplied by a factor of four, and I think the member would agree with that calculation.

If we take the Ottawa Regional Library, we would be looking at an increase of $70,000. If we multiply that for the 2,000 libraries across the country, we are talking about a huge increase. Perhaps the Ottawa Regional Library can come up with the difference, but the small libraries in the small towns across the country will be unable to do that.

What the member has proposed is something with which we can all agree. However, it is a much bigger picture that he is addressing. This goes far beyond the whole issue of subsidizing the transfer of library books back and forth from the libraries to the people who use the books.

The library book rate is a Canada Post service has been around since 1939, as the member indicated. It has provided a reduced rate for mailing library books between libraries and from libraries to their users. Canada Post recently has announced that the current library book rates will remain unchanged to 2010.

What we are seeing is the libraries are going one year at a time, so the member is left hanging not knowing what is going to happen. This system has worked well since 1939. The issue is if “it ain't broke, why fix it?” What is to fix? I am amazed the member cannot get the financial information that he needs.

Canada Post is not privatized yet. Surely, there is a way to get some freedom of information from it to determine just how big the numbers are. However, after four years, he still has to surmise as to what sort of effect this will have on each and every library, which is why he has said that the cost for the Ottawa Regional Library is plus $70,000 a year. However, he really does not know what the total effect will be. It may be even worse than what he thinks.

We are talking about over 2,000 libraries actively using the library book rate and over one million Canadians benefiting from it annually. It is an indispensable part of the service delivered by Canada's not-for-profit academic school and special libraries.

The library book rate is not a government program and it is not currently financially supported by the federal government. The members of the library community in all constituencies continue to be concerned about its sustainability.

Given that Canada Post is a crown corporation with a mandate to generate a dividend for its shareholder, which is the government, the rate contributes to the public policy goals of literacy, lifelong learning and inclusion of vibrant rural and remote communities.

This is where we get into the intangibles. We start looking at parallels like the closure of the prison farms. The government is looking at it as a dollars and cents question, but not looking at the total effect of the prisoner getting up at 6 a.m., milking cows and communicating with nature and with the animals and taking care of the animals.

The government takes that out of the equation, as with this. It takes the fact out of the equation, that this is a much bigger issue than just dollars and cents. It is the effect that we have when people cannot get library books, when people have disabilities, visual impairments and cannot get facilities from their library. The member has also expanded this list to include DVDs and other things.

This is a good bill and we support it.

Canada Post Corporation ActPrivate Members' Business

May 28th, 2010 / 1:35 p.m.


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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am pleased to speak today to Bill C-509, An Act to amend the Canada Post Corporation Act (library materials), introduced by my colleague from Brandon—Souris, particularly since this is an emergency.

There is a persistent rumour going around inter-library loan networks, including the network in Quebec, that Canada Post is planning to increase its rates. Canada Post operates as a business and has problems of its own. Bill C-9 would take away its exclusive international remailing privilege, so Canada Post will likely face revenue losses. The Conservative government chose to adopt this strategy. It chose to take away Canada Post's exclusive remailing privilege. It was a political choice, but public libraries should not have to pay the price.

I believe my Conservative colleague from Brandon—Souris has a good grasp of the situation. He is very keen on this bill. Earlier, I suggested that he try to have it passed at report stage. I know he wants the committee to look at the bill, discuss it and have Canada Post come and explain where it will get the money. That is why I suggested we pass the bill quickly.

If Canada Post has revenue problems, it should discuss them directly with the government. It is not this service that is depriving Canada Post of revenue, because the corporation already offers reduced rates for inter-library loans and for individuals who also want to provide this service. This service is already in place, so it cannot cause a loss of revenue. The reduced rate has been in place for decades. The cause of Canada Post's revenue losses lies elsewhere. I do not want the committee to focus on Canada Post's lost revenue and kill a bill that is urgently needed.

Sometimes, we discuss things that can divide us. Some governments choose to govern that way. But a bill like the one before us is not divisive. I have not heard the NDP critics, but I am sure they will support this measure. It needs to be passed very quickly.

As our Conservative colleague from Brandon—Souris said, he has been working on this for over four years. He is introducing his bill for the third time. I hope the third time is the charm. I can offer him the Bloc Québécois' support to pass the bill at all stages. He can talk about this with his House leader in order to avoid a debate with Canada Post Corporation, which currently has problems with some of the government's other policies. I would not want this measure to be jeopardized.

I know the president of Quebec's library network quite well because she is also president of the Outaouais library network. She is the mayor of Plaisance in my riding. She is the reeve of the RCM of Papineau. I had the opportunity to talk to her about this possibility of increased transportation costs. These organizations are often run by volunteers. This is a highly important issue. They prepare an annual budget and every year she talks to me to find out what is going on with Canada Post. It is hard to give her an answer because Canada Post is a crown corporation that manages its operations independently. This corporation is governed by federal legislation. If we order it, through this bill, to maintain the current rate, it would be required to do so. I believe this is the right approach.

The hon. members will have gathered that we will be supporting wholeheartedly Bill C-509 which is before us, first because it maintains the current reduced-rate service, and second because this rate would apply to all audiovisual materials in the future.

My colleague from Brandon—Souris is a visionary. New technologies have been developed, and the public should have more and more opportunities to use them. Having the reduced rate apply to audiovisual materials would be a good way to encourage communities.

The member for Brandon—Souris talked about the significant savings that could be made by the Ottawa Library. That is right, and that goes to show the magnitude of the problem. I have heard a $75,000 figure mentioned; that is a lot of money.

Just think of the thousands of dollars that small communities could save. Public libraries in our communities in Quebec and Canada are often run by volunteers who manage funds received from generous donors.

Municipalities contribute to the network as best they can within their means. Money does not grow on trees. I believe that this bill will have an impact on all regions of Quebec and Canada. It does not matter how thick the bill is. A bill can be quite modest in length, but that does not mean that it will have a modest impact on communities.

Bill C-509 provides for a reduced postage rate for all library materials from books to audio-visual material. This is critical to the development—perhaps even to the survival—of all communities.

At the very least, libraries have to be able to offer a borrowing service for people who often do not have the means to buy these materials themselves. This is a good way to encourage parents, children and seniors to read.

This is an excellent social measure, and I would like to congratulate my Conservative colleague once again for having introduced it. I can assure him of the Bloc Québécois' support because all Quebec communities need this kind of justifiable measure.

I give him our support so that this bill will pass at all report stages because we do not want it to disappear should an election, prorogation or something else happen. Once again, we will support Bill C-509.

Opposition Motion--Oil and Gas IndustryBusiness of SupplyGovernment Orders

May 28th, 2010 / 1 p.m.


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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, that is precisely right. With the changes in Bill C-9, Canada is trying to achieve some harmony with the United States. The decision was made that an energy board would assess drilling projects of this kind. However, the U.S. experience has shown that this was a mistake.

Transferring the environmental assessment process for oil projects from the environmental field to the energy field might open the door to favouritism. The thing to do, therefore, is to backtrack and ensure that oil projects are not assessed by the National Energy Board, but instead by the Canadian Environmental Assessment Agency, which will be able to carry out studies and assessments in cooperation with the provinces.

As we suggested even before disaster struck on April 20, the proposed changes to transfer that responsibility to the National Energy Board are a serious mistake. That board should be off limits to oil companies, especially where applications for drilling permits are concerned.

Opposition Motion--Oil and Gas IndustryBusiness of SupplyGovernment Orders

May 28th, 2010 / 12:35 p.m.


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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am happy to take part in this opposition day debate on a topic I feel is important. It is important to discuss this issue, because it is a terrible ecological disaster. The motion is very timely, and calls on parliamentarians to make a commitment about projects that could be carried out here, in the Beaufort Sea or in the waters off the coast of Greenland.

I will read the motion:

That this House notes the horror with which Canadians observe the ecological disaster unfolding in the Gulf of Mexico and their call for action to prevent such an event in Canada, and therefore calls on the government immediately to conduct a thorough review and revision of all relevant federal laws, regulations and policies regarding the development of unconventional sources of oil and gas, including oil sands, deepwater oil and gas recovery, and shale gas, through a transparent process and the broadest possible consultation with all interested stakeholders to ensure Canada has the strongest environmental and safety rules in the world, and to report to the House for appropriate action.

This lengthy motion is important because it is to some extent the result of the incident that happened on April 20, 2010, in the Gulf of Mexico. The Deepwater Horizon oil platform exploded, causing an environmental disaster. According to the company, some 800,000 litres of oil are spilling into the gulf every day. That is a lot of oil. That is the company's estimate, although according to certain American government teams that have been assessing the situation, it could be nearly twice that amount. This ecological disaster is even worse than the infamous Exxon Valdez spill in the north.

This disaster, which is already affecting many ecosystems in the United States, will have very serious environmental impacts on wetlands. That is one appalling aspect of this incident, along with the economic repercussions. That is what people are now realizing. Despite everything, this ecological disaster does serve to raise awareness.

There are moratoriums on fishing, market losses and considerable revenue losses affecting fishers, along with all the ensuing human tragedies. We realize that an ecological disaster not only leads to the loss of ecosystems, the pollution of certain wetlands and the loss or endangerment of certain species, but it also causes economic losses. Today we need to demonstrate that an ecological disaster can also deal a serious economic blow. Fishers in Louisiana are beginning to realize the scope of the disaster.

On this side of the border, no one predicted this disaster. The government has been weakening environmental standards for the past five years. It is easy for the official opposition to accuse the Conservative government of being too lenient and authorizing exploratory drilling.

The truth is that the previous government, the Liberal government, was the first to weaken environmental standards. On March 26, 2005, without having held a public debate on the issue, the environment minister at the time, the member for Saint-Laurent—Cartierville, published a regulatory amendment in the Canada Gazette that some considered to be cosmetic and unimportant. His amendment sought to change the Canadian Environmental Assessment Act so that exploratory offshore drilling projects could get away with a screening type assessment and would no longer be required to undergo a comprehensive study. The purpose of the amendment was to remove exploratory drilling projects from the consultation process, thereby denying all stakeholders the opportunity to comment.

The Bloc Québécois reacted because we are in touch with the people. We toured all regions of Quebec in 2005, especially those along the St. Lawrence. We eventually got to the Îles de la Madeleine, where groups told us about the federal government's proposed regulatory amendment to make environmental assessment regulations more lenient.

The people of Îles de la Madeleine told us to take a close look at the regulatory amendment because it would have posed a danger to them. They asked us to intervene. We met with groups such as Attention Fragiles and the Îles de la Madeleine preservation society. They asked us to intervene.

On April 25, 2005, we wrote to the Minister of the Environment to say that “the purpose of this proposed regulatory amendment is to change the type of environmental assessment of the first exploratory drilling project in an offshore area”.

We told the then-minister that he “knew that exploratory drilling projects were being planned for the Gulf. If the regulatory amendment passes, sites like Old Harry, Cape Ray and others off the coast of Nova Scotia identified for exploratory drilling would be subject to a screening type assessment instead of a comprehensive study”.

We reminded him that “the renewable resources in that area were critical to the tourism and fishing economy in the Gaspé and Îles de la Madeleine region”. We intervened.

What did the environment department say in a statement attached to the proposed regulation change? Here is what it said: “—the environmental effects of offshore exploratory drilling are, in general, minor, localized, short in duration and reversible”.

That was the department's reasoning for its regulatory changes. It said that the environmental effects of offshore exploratory drilling were, in general, minor, localized, short in duration and reversible.

But that is not what we have been seeing lately, and it is not true of the April 20 catastrophe in the Gulf of Mexico.

The Liberal Party made the first wave of changes that weakened the environmental assessment regulatory regime. The Conservatives picked up where the Liberals left off and, in a more wide-ranging bill, also changed the environmental assessment rules, so that future oil projects would not come under the Canadian Environmental Assessment Agency, but the National Energy Board. That is another big mistake by the federal government: shifting responsibility for environmental assessments from government institutions whose mission is to protect the environment to organizations with an economic focus that serve the oil industry.

We criticized this decision by the government long before the April 20 catastrophe in the Gulf of Mexico. We still believe that the environmental impact of drilling projects should be assessed by the people whose job it is to protect the environment, not the people who are responsible for increasing oil production. That is how the federal government thinks.

There are three threats on the horizon. I will identify three types of projects. The first is a drilling project in Newfoundland that got under way a few weeks ago, 430 kilometres from St. John's. The goal is to drill 2,600 kilometres below sea level, which is a kilometre further than the project in the Gulf of Mexico where the catastrophe occurred on April 20.

In other words, because of the Liberal government's changes, this exploratory drilling in Newfoundland was not subject to a thorough assessment, but a simple screening. If the regulatory amendment had not been made in 2005, this project in Newfoundland would have been subject to a thorough assessment and public consultations where stakeholders, scientists and people concerned about the environment could have proposed a number of risk scenarios with regard to the exploratory drilling. Because of the Liberal changes, this project in Newfoundland was not subject to a thorough assessment. That is the first risk.

Last week, when officials appeared before the parliamentary committee we asked them a number of questions. Oil drilling occurs in Canada, including in Orphan Basin. We asked the Canada-Newfoundland and Labrador Offshore Petroleum Board what the timeframe would be in the event of an accident like the one on April 20 in the Gulf of Mexico. What would be the monitoring plan? What would they do? What could we expect? The board's spokesperson, Sean Kelly, told us that a platform would have to be sent from the Gulf of Mexico to be able to drill a relief well at such depths and that it would take at least 11 days for the platform to arrive. According to another analyst, it would take four to five months to drill a relief well. We know what that means. Someone decides to drill at 2,600 km below sea level, which is deeper than the oil well in the Gulf of Mexico and if there were a similar accident, a platform would have to come from the Gulf of Mexico. It would take 11 days for the machine to arrive and five months before the drilling was complete.

Then, the government told us not to worry, that everything was fine, and that it was all in our heads. They said that there was no risk, and that people on the Îles de la Madeleine and Canadians do not need to worry. That is what the government calls an emergency plan. That is completely unacceptable. The government has been making decisions with its eyes closed since 2005. First, it was the Liberals, and those who went along with them without changing the regulations, and then it was the Conservatives, who slipped amendments into Bill C-9.

If an accident were to happen, someone would have to assume the ministerial responsibility. Ministers in this House would have to take responsibility if ever there were an accident off Newfoundland or elsewhere offshore.

We are calling on the government to come to its senses and amend the regulations to ensure that this type of drilling is subject to comprehensive studies and that consultations are held. The public and experts have a right to be heard. On this side of the House, we believe that we must learn from the environmental disaster of April 20, although the government does not seem to agree.

The government has always said that it is important to harmonize with the United States. But President Obama declared a moratorium and wants to create an independent commission to assess the situation. He does not want to move forward until they have examined the issue. Here, our government is agreeing to continue oil drilling off Newfoundland. Plus, it continues to be in favour of calls for tender from oil companies for the Beaufort Sea. In 2007, the government sold the rights to explore three parcels in the Beaufort Sea for about $50 million to oil companies, including Exxon. And in 2008, it sold BP the rights to drill oil wells 700 metres below sea level.

The government is telling us that no drilling will take place before 2014, and that is true. However, we need to understand the signals that we have been getting in parliamentary committee lately. Representatives from BP came to see parliamentarians and were unable to say if it would be possible to clean up the mess if an accident were to occur in Canada's north. They did not know if they would be able to clean up after a disaster. The representative from BP did not have enough information to respond to the questions.

What is more, since it is costly to operate during the off season, from the start of December until spring, oil companies have asked to drill the northern Canadian relief wells later, after drilling activity has begun. They have asked an economically driven, non-environmental organization to give them an exemption from drilling relief wells because it costs too much. What costs too much? Will it cost BP too much to clean up the mess from April 20?

The oil industry is pressuring us to weaken—some would say relax—environmental standards once again and give breaks to and create loopholes for an industry, which is completely unacceptable.

I will take advantage of the fact that the Minister of Foreign Affairs is here to remind him that next week, from June 9 to 11, there will be an important Arctic Council meeting. Canada is expected to take a leadership role there. Drilling will begin this summer in Greenland, which is very close to Canada. They hope to drill in Baffin Bay, near the mouth of Lancaster Sound, near where the government wants to establish a marine conservation area, at the boundary of Canada's territory.

There will be risks for Canada and Quebec. Greenland is far away, but it does not seem so far when you look at the devastation in the Gulf of Mexico.

We are hoping to see some Canadian leadership to ensure that we have the means necessary to prevent a disaster like the one on April 20 from ever happening in Canada.

Business of the HouseOral Questions

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


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Conservative

Jay Hill Conservative Prince George—Peace River, BC

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

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

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

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

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

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

Tomorrow will be an allotted day.

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

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

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

Foreign InvestmentOral Questions

May 26th, 2010 / 3 p.m.


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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.


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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.


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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.


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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.

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?

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 1:25 p.m.


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Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Madam Speaker, I am pleased to rise here today to speak to Bill S-3, which passed third reading in the other place on May 4, 2010.

The Bloc Québécois supports the bill because we believe that it is important to implement the tax conventions negotiated with Colombia, Greece and Turkey. The goal of these conventions is to avoid double taxation and promote the exchange of information.

Any time economic relations are established with another country, the individuals or businesses in question likely enjoy revenues in both countries. Accordingly, tax conventions are crucial in order to ensure the exchange of information so as to avoid double taxation.

Nevertheless, the Bloc Québécois does have some serious reservations about the bill that must examined in committee once it passes second reading.

First of all, we do not know how it will affect public finances. We heard a little bit about this earlier in other speeches, because Bill S-3 is 74 pages long and includes provisions that will have a direct impact on government revenues. The terms and conditions need to be thoroughly examined for a final assessment of this bill.

This type of review becomes even more necessary when the government is opening loopholes in the Income Tax Act to allow corporations that are not registered in Canada to avoid paying their fair share of taxes. Just look at Bill C-9 currently under review in committee. I will come back to that later on in my presentation.

The government must make a real commitment to fight tax evasion. The Conservative government, which waited until 2009 before signing its first agreement on information sharing, is showing blatant unwillingness to do anything about tax havens.

Signing bilateral agreements on information sharing is just the first step in fighting tax evasion since businesses have an incentive to declare their income: to avoid being taxed twice.

The government can do a number of things to truly fight tax evasion and simply sharing information is not enough. It has to stop concluding tax treaties with tax havens. It has to submit every international treaty it negotiates to the House of Commons and allow the representatives of the people to have their say.

In order to respect jurisdictions, it has to consult the provinces and Quebec before negotiating a treaty that affects their jurisdictions. I will come back to that later.

Earlier I spoke about the impact on the government's finances. Bill S-3 falls into line with the Conservative government's moves to cut corporate taxes. What impact will it have on the government's finances?

What impact will limiting the rate of income tax withheld at source have on the government's finances in the case of dividends from affiliates and the cases involving other dividends, interest and royalties?

This type of review becomes even more necessary when we consider that Bill C-9 to implement certain provisions of the budget confirms the Conservative government's desire to protect rich taxpayers at all costs, and among them we find the banks and big corporations.

With regard to tax loopholes, the government is talking out of both sides of its mouth. On one side, it says that it wants to go after tax havens and, on the other side, it is opening loopholes in the Income Tax Act to allow corporations that are not registered in Canada to avoid paying their fair share of taxes.

I would like to shed some light on the budget implementation measures in Bill C-9. This bill changes the definition of “taxable Canadian property” to exclude shares from certain private companies. This will have a number of implications.

Non-residents—which can include companies that are owned by Canadians but were incorporated abroad—that sell shares of Canadian companies are currently exempt from paying taxes under the Canadian Income Tax Act, without having to apply the tax relief measures provided for in the different tax conventions Canada has signed.

I want to put this into context. Before, when a non-resident sold a Canadian company in part or in full, Canadian tax authorities required the purchaser to hold back 10% to 25% of the total amount of the transaction, while they did their usual checks of the conventions between Canada and the country of the non-resident. Once these checks were complete, if there was a convention in force, the non-resident would pay taxes in their own country and would avoid double taxation.

With Bill C-9, the government will stop enforcing this holdback, whether or not there is a convention with the country in question. For example, a company in the Bahamas, which does not have a tax convention with Canada, could sell shares of a Canadian company without paying taxes in Canada. A number of these companies are owned by Canadians, who would therefore avoid paying taxes.

Furthermore, the non-resident is no longer required to wait for authorization from the tax authorities when selling a Canadian investment, pursuant to clause 116, and is therefore no longer required to produce a Canadian income tax return.

The government is opening the door wide to foreign investors, and this includes the technology sector. Companies registered in countries where the tax rate is low or non-existent will be able to purchase and resell Canadian companies and pay little or no taxes.

Regarding tax havens, the Bloc Québécois urges the government to stop talking and start acting, instead of proposing pseudo-solutions made up of empty words. The Bloc Québécois has been proposing concrete solutions since 2005 to do away with access to tax havens like Barbados and to eliminate the double deduction of interest.

Why would a company not pay taxes on profits brought back to Canada after having declared them in a tax haven like Barbados, for example? This type of special treatment does not have a place in our society. Companies, like citizens, must pay their share of the tax burden. That is why we must prevent companies from using tax havens by abolishing the section in the Income Tax Act that makes this possible.

In order to truly fight tax evasion, the government could take action on a number of fronts. It must stop signing tax treaties with tax havens.

On four occasions the Bloc Québécois has introduced a treaty bill to modernize the entire process for concluding international treaties. Our treaty bill was designed to build transparency and democracy into the process of negotiating and concluding international treaties.

Moreover, the bill required that the federal government respect the provinces' jurisdictions, including Quebec's. The bill provided for five important changes: all treaties were to be put before the House of Commons, the House was to approve important treaties, a parliamentary committee was to consult civil society before Parliament voted on important treaties, treaties were to be published in the Canada Gazette and on the Department of Foreign Affairs website and the government was to consult with the provinces before negotiating a treaty in an area of provincial jurisdiction.

The treaty bill came to a vote only once, on September 28, 2005. I would like to point out that all the federalist parties in the House voted against it.

The clause on consulting Quebec and the provinces was nothing revolutionary. When the federal government, in an international forum, discusses a treaty that would impact the provinces, it consults the provinces beforehand.

The Bloc Québécois will still support the bill despite our reservations. As for respecting the Quebec nation, which was recognized here in the House, the Conservative government has yet to deliver the goods.

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 12:05 p.m.


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Bloc

Daniel Paillé Bloc Hochelaga, QC

Madam Speaker, earlier, I heard our Liberal colleagues talking about broken election promises. As members will recall, during the last election campaign, the Conservatives promised two things: they promised to put international treaties before the House prior to ratification and to give the provinces a role in concluding treaties pertaining to their jurisdictions. But as we can see, and as the hon. member mentioned earlier in response to one of his Liberal colleagues, the Conservative Party made promises during the election campaign, but as soon as it took power, it forgot all about them.

We are not comfortable with this bill because it comes from the Senate, and we have to wonder what the Senate has to do with any of this. Earlier, the Parliamentary Secretary to the Minister of Finance said that we look to some senators for guidance. I realize that many of them have had successful careers and are knowledgeable, but what good is this knowledge in the upper chamber if it wastes away from lack of use?

Bill S-3 would implement tax treaties between Colombia and Canada, Greece and Canada as well as Turkey and Canada. One interesting aspect is that this seems to be a pure, unadulterated bill, unlike Bill C-9, which is a mishmash of things, odds and ends, that the government sent to us in parliamentary committee. We will be studying those 888 pages clause by clause this afternoon. I do not know what time we will finish. But this bill is focused strictly on avoiding double taxation and exchanging information. That is very important.

We in the Bloc Québécois will take our roles as parliamentarians seriously, and we will be diligent in our work. We have studied this bill and, because we encourage diligent and serious examination of issues, when it comes time to vote, we will do our jobs as parliamentarians. We want to see this bill further studied in committee. This is very important to us because we often hear that the Bloc is systemically opposed to everything, that we are here just to stonewall, as some token Quebeckers in the Conservative Party seem to enjoy saying or erroneously suggesting. I am obviously not insulting anyone here in the House by saying that because they are not here. The Bloc Québécois will vote in favour of this bill because we believe in looking at things carefully.

Trade between Canada, Colombia, Greece and Turkey affects the revenues of the Government of Canada, but it also affects the revenues of provincial governments and of Quebec. There was no consultation about that. We do not even know how much this will cost. It will cost something, obviously, but we have no idea what it will cost the government.

Of course, for Quebeckers with companies that do business abroad—and I used to work in companies that did business abroad—tax conventions are attractive. I will always remember when I made my first foray into politics in 1994 in the Government of Quebec. At the time, my employer and immediate superior was Pierre Péladeau, who was president of Quebecor Inc. I was his executive vice-president of acquisitions.

He told me that if I went into politics in the Government of Quebec—I became Minister of Industry, Trade, Science and Technology—I should try to do as little harm as possible. That was how he liked to talk. Pierre Péladeau was a believer in the popular KISS principle, which recommends keeping things simple. To keep things simple, I will try to remember this man I loved working with.

This bill opens loopholes and revolving doors, and we will want to ask questions in committee or here in the House. For example, how is it that Canadian companies can register elsewhere to avoid paying their fair share here? We are concerned that there may be loopholes.

This bill is also supposed to fight tax evasion. Earlier, an NDP colleague wondered whether the current government really wanted to fight tax evasion. That is disturbing. We have to wonder which countries are tax havens and whether they have agreements with the Government of Canada. This is something that needs to be looked at. I still believe that we are being presented with a done deal, but we still need to examine a number of provisions in the bill.

For example, in subclause 1(d) of the General Definitions in Schedule 1, which pertains to the agreement between Canada and Colombia, the term “person” is defined as including “an individual, a trust, a company, a partnership...”.

On page 29, in subclause 1(c) of the General Definitions in Schedule 2, which pertains to the agreement between Canada and Greece, the term “person” includes an individual, a trust and a company. There is no mention of a partnership. This is the sort of question we could ask, but the agreement is a done deal. We have to take it or leave it.

Moving on with general definitions. In that same paragraph of the agreement with Turkey, the term “person” is defined as an individual, a trust, a company and an estate. As a parliamentarian, I would like to ask a question before signing this kind of agreement. Why are estates not mentioned in the agreements with Greece and Colombia, but they are mentioned in the agreement with Turkey? What does that mean? It is our job as parliamentarians to know what that means. There may be good answers out there, but I have not had a chance to get any. The parliamentary committee will try to get those answers.

There are currently 87 conventions between Canada and other countries, but only one contains the ideal standard of information exchange recommended by the OECD: the Canada-Netherlands convention. It is all a bit vague when it comes to other countries, and that raises a question.

Canada is apparently in talks with 14 other countries: Anguilla, Aruba, the Bahamas, Bahrain, Bermuda, Gibraltar, Guernsey, the Cayman Islands, the Isle of Man, Turks and Caicos, the British Virgin Islands, Jersey, Saint Kitts and Nevis and Saint Lucia. But there have been delays. Until these agreements are signed, people will continue to take full advantage of tax havens. That is the important thing here.

Let us look at three random cases: Bermuda, the Cayman Islands and Barbados. There are no conventions with these countries. They say negotiations are ongoing, but between 2000 and 2008, Canadian investment in those countries rose from $30 billion to $90 billion.

Can anyone tell me what it is about those three countries that caused investment to triple in the absence of tax conventions? Some might suggest that 300% divided by eight is 37% growth per year. As a financier and former university and HEC professor, I would say that that is not how it works. We have to consider compound interest. That is still 15% growth per year. Investment rose from $30 billion to $90 billion. Can anyone tell me what it is about those countries that supports that volume of international trade?

There are other countries as well. We remember the enthusiasm of President Sarkozy, who had the political will to act quickly, to sign and to condemn tax havens. He condemned what is known as the grey list. Who is currently on this list? Belize. My NDP colleague spoke about Belize earlier. In fact, it seems that some Conservatives do business in Belize. It would seem so. It is still on the list along with the Cook Islands, Dominica, Grenada, Liberia, the Marshall Islands, Montserrat, Nauru, Niue, Panama, Saint Lucia, Vanuatu, Brunei, Costa Rica, Guatemala, the Philippines and Uruguay. They are all on the grey list. What are they waiting for? Canada does not have agreements with these countries and therefore why not take full advantage.

What is a tax haven? The OECD has established criteria for identifying them. We have agreed on 0.08 as the legal alcohol limit for driving a car. I can say that the taxation rate is 0.0 when looking for tax havens. That means that there is no or nominal taxation. When you go to a country and ask about the corporate tax rate or the tax rate on capital gains, and you are asked in turn what tax rate and told 0.0, that should be a sign.

A lack of transparency is the second sign. It is like opening files and there is no system of record-keeping. Organizations specialize in not keeping records.

Lack of diligence is the third sign. It is expressed by administrative, legal or bureaucratic barriers or evasive answers when responding to our questions.

There is no transparency, no diligence and no taxation.

I find the fourth sign interesting: a total absence of economic activity associated with the investment.

I would like to go back to the three examples cited earlier. Canada's foreign investment in three countries went from $30 billion to $90 billion and we wonder what is in those countries.

There is nothing. Well, there are beautiful beaches, beautiful people and beautiful places, but in terms of industrial activity, there is nothing.

When a company that does metal and chemical processing invests in Barbados, we have to wonder what that country has to accommodate that. If there is nothing, along with a 0% tax rate, no transparency and no diligence, that is the perfect example of a tax haven.

In the 1950s, there was a sign on the way into Montreal meant to attract American investments in Quebec where, supposedly, labour was cheap and docile. Older people may remember it. Mr. Duplessis boasted about it. In a tax haven, you would see a sign that says that taxation is very cheap and very flexible. It is very docile. That is what a tax haven is all about.

Consider Barbados as an example. It is said that the tax laws in that country include a specific section for international business corporations. An international business corporation is a corporation that is registered in Barbados, but that conducts most of its business outside of Barbados.

Very few conditions have to be met to be there. The business has to be registered in Barbados, have its head office there, hold one annual meeting there—which can be a teleconference—keep records of a board of directors there and employ a local resident as the manager. How interesting: a job is created. However, the manager does not have to have any power. Accordingly, the board of directors recruits a manager from Barbados and tells that person they have no power and that is just fine.

How are the companies taxed? The maximum tax rate is 2.5% and the minimum tax rate is less than 1%, which is not much more than zero. They are exempt from capital gains tax, exempt from exchange controls and they can import anything they like duty free. One small detail: the average salary of a manager of a foreign subsidiary in Barbados is $1,500 a year. That same Barbados branch manager simply has to find 1,000 jobs at $1,500 each and he or she is the manger of 1,000 companies. It is a great way to earn a very good living.

I will close by talking about the road to healthy co-operation. We are told, of course, that things are improving and that this occurs less and less. Attempts are made to have tax agreements with countries, but under what conditions? We are told a country will be removed from the list if we can have access to real, valid information, if there is no banking secrecy, if access to information is relatively easy and if taxpayers' rights are protected. What happens if there are a dozen agreements? The trick is to have a dozen agreements with lenient countries and then continue to operate as a tax haven.

We are voting in favour of the bill. I know that my colleague from Alfred-Pellan will address some of the Bloc's other concerns, but we are voting in favour of the bill in order to be able to go over it with a fine-toothed comb.

With all due respect, it would have been better if the agreements had been submitted to the House beforehand and with input from the Government of Quebec.

Fairness at the Pumps ActGovernment Orders

May 10th, 2010 / 6:05 p.m.


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NDP

Olivia Chow NDP Trinity—Spadina, ON

Obviously I have touched a raw nerve somewhere here.

That contrast is quite stunning. We know, with the HST coming in July, that $2,000 to $5,000 will disappear from a family's pocket, and that was passed in two days. In this case, however, when millions of dollars are being lost at that pumps, no action has been taken. It takes a long time.

Maybe we should not be surprised. Even though we have raised the issue of tax subsidies to big oil and gas companies over and over again, we still see at least $1.2 billion in tax incentives going to the big oil and gas companies that are making billions of dollars of profits. We have noticed that there is a bill that is about to get third reading with the support of the Liberal party and members of Parliament here, Bill C-9, which would again give these very profitable oil companies a total of $6 billion with all the corporate tax cuts.

In the other bill, we have seen that oil companies would be able to skirt around environmental assessments. Also in that bill, environmental assessments are being removed. Companies do not need a federal environmental assessment if they get a few dollars of federal funding.

A different kind of assessment or check and balance is supposed to be done through the environment side. Instead, however, whether or it is drilling or oil sands explorations, it will to be done now through the National Energy Board. It apparently has nothing to do with the environment. We just recently had a huge oil spill that is having a devastating negative impact on the environment, wildlife, birds and the species in the water. This whole addiction to oil is really quite astounding.

Bill C-14 does not deal with the price fluctuation. Sometimes the price could be at an all-time low in terms of gasoline prices and yet at the pump it is high. All of a sudden it goes up to $1.20 for no reason. It is supposed to be about supply and demand but it seems that often there is no connection.

The bill also has no increase in the number of government inspectors. It is all done by non-governmental inspections. Government has a role to play, which is to inspect to ensure that industry is doing the right thing, and yet that is not in this bill.

The bill does not establish an ombudsperson, something that the NDP has asked for over and over again. We need an independent office to evaluate the problems, investigate complaints and to ensure consumers are given justice and fairness. It is not here in this bill and it is not fair.

What else is not fair? If people were being cheated, they would think that they would get some of that money back. In this bill, even though the government would be collecting more fines, which we support, the bill says that the government would be fining minor offences up to $10,000, major offences up to $25,000 and new fines for repeated offences up to $50,000. Hopefully the government will send a message out there and fine a few gasoline companies.

However, one would think that if the government were collecting a few dollars out of it, that it would at least compensate and ensure the gas companies compensated and refunded those who were being ripped off, but no, there is nothing in here to protect the consumers. This is, in many ways, really unfair because every dollar counts, especially if and when the price of gasoline goes up.

What else does it not do? It does not actually repay the GST. The gas tax right now is 10¢ per litre but if the consumers are being shortchanged, which the last I saw amounted to $240 million, one would think that with the taxes that are charged on these so-called phantom purchases at least there should be a refund on the taxes being collected on the purchase. The bill says nothing about a tax refund or any type of compensation for those who have been ripped off. It contains nothing to deal with the price fluctuations and nothing to protect the consumers. It says nothing about an ombudsperson and there is no place to file a complaint. It is no wonder the government is known to just make a lot of noise. It makes it appear as if something is being done but it takes very little action.

Our consumer critic and industry critic will be making a lot of amendments when this bill comes to the committee and if the Conservatives and the Liberals really want to protect consumers, they will support the kinds of recommendations and amendments that the New Democrats will be pushing.

I suspect that this bill, unfortunately, may not pass until the fall. With long weekends and the summer coming up, how will people who are travelling to visit their friends and families protect themselves? I looked up some pointers. One of the pointers that I found quite fascinating was that we should put in 10 or 20 gallons and then multiply the price by 10. We would then know precisely how much we were paying and know exactly the amount of gas that we paid for. It looks like the consumer needs to resort to those kinds of activities to protect themselves since the Conservative government, unfortunately, is dragging its feet and not taking real action.

We will support different aspects of this bill, such as the mandatory inspection frequencies and the additional fines, but we will not support using private sector authorized service providers. We will not support the kind of privatization of inspections that we see in front of us because we believe that regulations put out by government should be done by government. We have seen far too many times that when we privatize inspections, it just means that the retailers end up having to pay more and the consumers continue to get ripped off and hosed.

Criminal CodeGovernment Orders

May 3rd, 2010 / 6:15 p.m.


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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I am delighted to speak to Bill C-16.

First, I was proud to be part of the justice committee when we limited Bill C-9. We took out minor offences, where people should not always be incarcerated because it would make society less safe. There were some ridiculous provisions in that bill. The opposition made it far more sensible.

As the members have heard all afternoon, I have asked simple questions about the bill. A bill is usually brought in when there is a big outrage and a problem. I have asked every member of the government to give me examples of how it is not working and why we need to make this change. There was no answer from the parliamentary secretary, or the minister or any member who has spoken,

A member from the Bloc has already said that there are hundreds and thousands of examples of conditional sentencing having worked for some of the minor offences in the bill. No one is arguing that in some of the serious offences it should not be allowed. However, for some of the minor offences, would it be possible to do that? There is no answer and no example.

The second question I have asked is if conditional sentences have been proven by the stats to be far more successful in reducing recidivism, when people get out, they do not commit other crimes, when it makes victims and other Canadians much safer, why would we change that? Why would we limit it in the less serious examples?

A member mentioned earlier that these conditional sentences were not done just off the cuff. Average research shows 11 to 13 reasons for the case from a judge, a judge who has a lifetime of experience in the criminal justice system, who understands the situation, who understands what will work and what will make Canadians safer. Only then do they oppose those sentences.

Why can the Conservatives not come up with examples? Perhaps it is because judges who have this lifetime experience do not give out conditional sentences. In a lot of cases, they make wise decisions and do not give them in serious situations, which would be covered in this bill. Just because the bill would prohibit them from giving out conditional sentences does not mean that they give them out now.

For a lot of the serious crimes, judges would never give out conditional sentences. This is one of the reasons why people are having such a hard time coming up with as many examples as there are for success stories.

I would encourage people to attend the restorative justice organization of the city of Ottawa to hear the success stories, or to read Professor Doob's book. I would challenge any Conservative member who does not believe in conditional sentencing to do that and then come back and say that he or she does not believe in them. There have been huge benefits to society, huge protection of Canadians and victims, in some of the cases where conditional sentences have been applied.

The members have brought forward a lack of understanding. In some of the Conservative speeches, it is very true. There is a lack of understanding of how it works. One Conservative member suggested that the people on conditional sentences just watched TV. In jail they get to watch a lot of TV as well. That is not all that is involved in a conditional sentence. This is not the only reason it turns out to be successful.

There are a number of other conditions of rehabilitation, conditions that cannot be provided on probation, that help. They could be tougher on the criminal and certainly would give him or her a much better chance of not recommitting an offence. It makes society much safer for the victims so they are not re-victimized. It makes it much safer for Canadians if criminals do not reoffend.

The vast majority of offenders get out. When they get out, we need a way to ensure they are unlikely to reoffend, which will keep all of us safe. They need the investment in rehabilitation.

When I go into the prisons, prisoners say that they are not getting the anger management they need. They are not getting the drug rehabilitation programs they need. They are not given the re-education they need to get out and to be successful in society, which would keep everyone much safer.

As some members alluded to at the beginning of this debate, we need to invest in the root causes of crime and the prevention of crime. Some of the minor crimes, as people have mentioned, are committed under bad circumstances or the individual came from a bad family situation. The person should not be put in jail as a result. Learning the background and finding out the cause of those crimes could stop the situation before it came to any kind of sentence.

The government could continue to invest in the aboriginal justice strategy. To the government's credit, it has extended the funding for a couple of years, but we wanted it to be made permanent. Under that system people working in restorative justice counsel individuals and they have a tremendous success rate in reducing recidivism and, in a number of cases, have eliminated it. It is almost like not approving funding for judges every two years. This strategy should be made permanent. The government could certainly continue investing in it.

I want to talk a bit about the policy process or the way the government comes up with the laws that I have seen when I was on the justice committee. Bill C-9 was just one of them.

When we had hearings in Toronto we were told by the public that the system had been turned upside down. The normal policy development process involves experts. In this case it involved experts from the justice department, people who have spent a good part of their lives finding out how to make Canadians safer by bringing in effective laws.

In this particular case, we were told that the direction came from the top. It avoided all the evidence and the science. It was not evidence-based legislation. The experts told us what would actually reduce crime and make people safer. However, for whatever reason, the government brought in totally ineffective laws that would endanger Canadians even more. Witness after witness, the experts at committee, made the same case. That is why some of these laws, like Bill C-9, were overturned, eliminated or put into a more reasonable and rational shape.

We would like this bill to go to committee in order to limit the situation to those cases where a conditional sentence would actually make sense. We have heard some examples today of some cases that should be in the bill and some that should not but that type of debate will be had at committee.

Hopefully at committee the government members, who will have had another couple of years of experience, will now listen more carefully to the experts, listen to what is working and what is not and we can come to a compromise and come up with a bill that will make Canadians safer by using the effective restorative justice processes, new processes compared to the thousands of years of failure by incarceration resulting in a number of people becoming worse off after jail and making society less safe.

One of the points made by the opposition, which the experts have proven to be another fallacy, is that this change would act as a deterrent. This is not what most criminals are thinking about. Making a change like this would not be a deterrent. Evidence has proven that deterrence is the perception of getting caught. If we want to have deterrents for these crimes then we would increase our police force, increase monitoring and increase the understanding that criminals will get caught. It is not by changing sentences in the ways being suggested in this legislation.

Judges need to make the right decisions but by limiting their options there will be more probation and suspended sentences, which actually will make society a more dangerous place. In those circumstances, one cannot add the same conditions. As I said earlier, conditional sentences have a number of conditions that can be put on offenders to ensure they do not reoffend, that they are not just sitting in cells learning more crime but actually being rehabilitated. That would not occur in some cases where judges' options are limited. They would not be able to do that.

People are unaware, which is partly the problem for all of us. There are some success stories and stories of difficult conditions imposed in conditional sentences. There are success stories of restorative justice here in Ottawa. From the society in Ottawa all the way to my riding, the farthest riding in the country, there are great success stories in restorative justice. We need to ensure that when we create a bill like this, we do not throw out the baby with the bathwater, that we do not throw out the good success stories in an attempt to limit certain situations, which, as I said, we all agree need to be limited as to when certain types of sentences can be provided.

If we want judges to have the best chance of making society safer, they need as many tools available to them as possible. They are the ones who listen to the evidence, understand the situations people come from, understand the circumstances of the crime and understand what caused it. They are the ones who understand, with a lifetime of experience in the criminal justice system, what would be most successful when dealing with a particular person, a particular offence and to make it safer for all of us. To do that, they need the tools. Why would we as parliamentarians want to limit the number of tools available to them to make the wisest decisions? In some cases, they will use this tool and another tool. Why would we want to limit the tools so there are less successful outcomes in the criminal justice system?

Criminal CodeGovernment Orders

May 3rd, 2010 / 5:15 p.m.


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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, with the member's vast experience, could he comment on the justice policy, programs and bills put forward by the Conservatives in the sense of whether they are evidence-based? He mentioned one particular professor who was totally against Bill C-9 as an example. When I sat on justice committee, my perspective, time and time again, was that what was presented was totally not evidence-based.

Does the member have any comments on that?

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:15 p.m.


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Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, most of us have difficulty with omnibus bills sometimes, because they do tend to have a lot of legislation buried in them. The thing about an omnibus bill is that there is a theme that brings all the pieces of proposed legislation together. In Bill C-9, the budget implementation bill, there is virtually no theme. With the potential sale of AECL and legislation about payment cards or credit cards, it is all over the map. There is no theme.

In terms of criminal law legislation, we have seen bills in the past here and in other jurisdictions that have a themed Criminal Code amendment, and I was referring to those.

My colleague makes a good point that, when we are dealing with youth criminal justice, it is a very visible separate component of our criminal justice system. We keep it separate. That is why I styled my remarks around the theme of intervention as opposed to retribution, accountability, deterrence, these types of issues.

I recall visiting a youth boot camp in the Ontario jurisdiction. It was a very successful operation that dealt with youth. It was well run and disciplined. The young men there earned points to get the chance to go home on weekends on a supervised home visit.

I did bump into one young man and I asked him where he was going after he was out of there. It was a very sad comment because he said he did not have any family so it did not matter whether he earned any points to go home on the weekend. He said he would probably go back to the pool hall.

What a sad situation that the intervention that was there, which seemed to be having some benefit, was going to come to an end. The intervention would end and that young man would go back to a pool hall in Toronto. He was not going to go back to school. He did not seem to have any appetite for that. He was about 17 years old. I was quite saddened that the intervention that was there was going to come to an end and he was going to end up back at the same place that probably got him into trouble in the first place.

I go back to my theme of quality intervention. The better the quality, the better the outcome and the better it is for our society.

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:15 p.m.


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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, if I interpreted the member's speech correctly, he said the government should have put this bill in with a bunch of other bills into an omnibus bill. I would definitely disagree with that. The government does that when it has a whole bunch of ineffective, poor bills it wants to pass all at once.

On the other hand, does this mean the member also thinks that Bill C-9 as an omnibus bill was a good idea? There were lots of things all in that one bill.

Sébastien's Law (protecting the public from violent young offenders)Government Orders

May 3rd, 2010 / 1:45 p.m.


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Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, we are debating another, another, amendment to the Youth Criminal Justice Act. I say that knowing that the act used to be referred to, at one point, as the Young Offenders Act. This is probably the fifth set of changes this Parliament has dealt with since the time when Parliament accepted that the old Juvenile Delinquents Act did not really suit where we were headed as a society.

It is quite fair to accept that, from time to time, it is necessary to fine-tune our legislation. That is essentially what we do here all the time for all of our laws and our public policy. Approximately five years ago, there was an inquiry in the province of Nova Scotia dealing with young offenders. That particular inquiry produced a very credible report that suggested that components of our Youth Criminal Justice Act were not up to par and that portions of it could use some minor amendments in the public interest.

Those areas dealt with the way we handled youth who, with 20/20 hindsight, were potentially violent and seriously violent offenders and were not really controllable by the kinds of routine orders and judicial intervention available under the act. I sat on the justice committee at the time and I recall pretty much around-the-table acceptance of those suggestions. Those suggestions for reform have now found their way into this bill.

In fairness, I should say that there have been a couple of other bills before Parliament that attempted to implement the same changes. We are finally getting around to it now. For those changes dealing with the really hard-to-handle procedural problems involving young offenders, I could not imagine there would be too much dissent.

Even the judge who led the inquiry in Nova Scotia said that these should be seen as minor amendments. There is no need to make a radical overhaul of the statute, but these amendments would suit the public interest in the sense that they would protect both the public and the young offender from potential serious harms in the period that follows the police intervention until the time when the youth is sentenced. That would be the interim period while the youth is being processed, while charges are being laid and during the trial.

I do not think he pointed out any problems with the act regarding the period after conviction and sentence. But he did request that these amendments look very clearly and honestly at the problem of youth who have adopted a potentially violent modus operandi and society needs protection from that.

In this particular bill, there is a whole lot more than just those recommended changes. Members should go to the title; this is not the first time I have spoken about this. On the front page, it says, “An Act to amend the Youth Criminal Justice Act”. There is nothing the matter with that, but then clause 1 says that this act may be cited as somebody’s law, protecting the public from violent young offenders.

That is a commercial. That is an Orwellian mantra. It is a distortion. It is an adulteration of what should be there in the first section. This is a bill that is there to make a minor but important amendment, not a very complex set of amendments, to the Youth Criminal Justice Act. I object to that type of title. When that kind of a title is in there, it actually ought to tell us something. The bill just might be torqued to do a little bit more than just a minor amendment to the Youth Criminal Justice Act. Anyway, we read through the bill and find it does attempt to make some significant changes.

I note that this is one of about half a dozen criminal law amendment bills, and I also ask the question: Why did the Conservatives not put all these criminal justice bills into one bill? We have done that lots of times before. We make several amendments to the Criminal Code, we put them in a bill, call it an omnibus Criminal Code amendment bill and the House deals with it. But no, the government has to do a separate bill for every category of change it can think of. That has to tell us something also.

So utterly telling is the contrast between this bill and the budget implementation bill, Bill C-9. Do members know how many bills that bill changes, how many statutes that bill amends? It seeks to amend 29 statutes in one bill, and yet when it came to making amendments to the Criminal Code, the government had to introduce a half dozen separate bills. I do not quite understand that. Maybe I am naive and maybe there is something going on here I do not see, but I will leave it to the voters to figure that one out.

When it comes to youth criminal justice, a term we should be dealing with is the concept of intervention. I have not heard that term a lot here, but it is so important, and in my view it is the most important concept. When a youth goes offside, breaks the law, and I am talking of a person who is between the low threshold and 17 years old, I prefer to regard our obligation as that of intervention. Now some Canadians would just like to treat that like a normal criminal act; we charge, we convict, we sentence, we deal with it. But we have learned in society that it is the absolute worst way to deal with young offenders. For a person in the sometimes turbulent, confused youth years, a lot of things happen.

I will admit that, when I was under 10 years old, I broke into a house, I as a little kid with some other kids. As great irony would have it, Mr. Speaker, you will not believe it, but the house I and the others broke into was the house of a Juvenile Delinquents Act judge. Is that not unbelievable? And I was the son of a policeman, to boot. At the time I really did not think I was breaking any laws. I actually did not know a lot about what I was doing. But the point is: What if they had taken all those youths who were all different ages and just put us all in jail? How would our lives have turned out? That would have been a bad story.

I refer colleagues to the Perry preschool project and the whole history of that project, which began about 1960 and went on for 25 years in the Chicago area. It measured outcomes between one group with which there was a huge intervention, in school and otherwise, and another group for which there was no intervention. The outcomes were like night and day. We have proven that intervention works and jailing does not. Even though it can be very expensive, the dollars we spend on intervention are infinitely better spent than any money we are going to have to spend later, after the fact, jailing and punishing. In addition, the youth who get through these turbulent years and make better choices rather than bad choices end up costing us zero and are productive citizens.

I am getting close to the end of my time for debate. I will pause here in the hope of being able to speak further at a later date.

Bankruptcy and Insolvency ActPrivate Members' Business

April 26th, 2010 / 11:20 a.m.


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Conservative

Mike Wallace Conservative Burlington, ON

Madam Speaker, I am pleased to speak to the important issue raised in Bill C-501 put forward by my colleague, the hon. member for Thunder Bay—Rainy River, dealing with unfunded pension liabilities.

The bill is a sign of his and his party's concern about pensions and the income security of Canadians in or approaching retirement. This is a concern shared by the government as evidenced by the number of initiatives that we have undertaken in response to the concerns of many Canadians across the country.

We appear to be coming out of the recent economic downturn experienced by countries all around the world. In that regard, I am pleased to point to the April 7 OECD interim economic assessment report that noted that the Canadian economy grew 6.2% in the first quarter of this year compared to 1.9% overall growth estimated for the other G7 countries. Our economy will continue to expand in the second quarter at 4.5%, twice the G7 average.

I mention this because a healthy economy can only be good for the stability of companies, the pension funds they support and the employees who will benefit from them. However, I do not suggest that this is not a reason for concern for individuals and for their companies that have not weathered the economic storm well.

During the downturn, which has led to a number of employers filing under insolvency legislation, many people, especially senior citizens, were understandably concerned that their pensions would be affected. While Canada is showing signs of emerging from this downturn, the financial well-being of these older Canadians must not be taken for granted.

Although the government has undertaken a number of specific initiatives to deal with those heartfelt concerns, debate on this bill allows us an opportunity to stand back and see where we are when it comes to our pension and bankruptcy legislation. The best place to start is in understanding exactly what the current legislation covers.

Canada's insolvency regime relies mainly on two statutes: the Bankruptcy and Insolvency Act, often called the BIA, and the Companies Creditors Arrangement Act, or the CCAA. These two statutes set the rules for the process of bankruptcy or, in the alternative, companies restructuring. Both are important pieces of marketplace framework legislation. They influence Canada's economic health, so much so that we must take great care not to tinker with their provisions on a piecemeal basis.

In broad strokes, the following is how the legislation works.

In bankruptcy, a trustee in bankruptcy seizes the non-exempt assets of the bankrupt company and sells, liquidates and distributes the proceeds of the sale among the creditors according to the distribution scheme set out in the BIA.

In the alternative, a company may choose to restructure. In restructuring, the company becomes a debtor rather than bankrupt. Rather, it works with an insolvency professional to try to find a repayment scheme for its debts that will satisfy the debtor's creditors and allow the firm to continue perhaps in a different and restructured form.

Historically, creditors receive better recovery under restructuring than they would if the debtor simply became bankrupt. Furthermore, it is better for jobs, growth and opportunity as it allows for the quick redeployment of assets from insolvent businesses to new and profitable ventures in a controlled and orderly manner, which is essential in today's economy.

That brings me to today's debate. One of the objectives of the insolvency legislation is to balance the competing interests of creditors, including employees and pensioners, for the scarce resources available in insolvency files as there is not usually enough money to satisfy the full claims of all creditors.

Great care must be taken when amending insolvency legislation because if the proper balance is not achieved, it is possible that the cost and availability of credit for companies with defined benefit pension plans could be negatively affected. This could, in turn, reduce the ability of companies to create or continue to fund benefit pension plans for their employees.

We also should be mindful that while exploring the various ways to help pensioners of insolvent companies, we do not impose additional constraints on reorganizing firms that could interfere in the reorganization process and eventually push still viable businesses into bankruptcy. Evidence has shown that restructuring and reorganization, as opposed to bankruptcy, provide better recovery for creditors and help to save jobs, which ultimately protects employees' wages and pensions.

I leave it to my colleagues to go over in greater detail the factors of which we must be mindful in considering the implications of pension protection in insolvency for the interests of stakeholders and the economy as a whole.

In the Speech from the Throne, the government committed to explore ways to better protect workers when their employers go bankrupt, and it certainly understands the value of secure and sustainable pension plans.

In order to promote more secure private sector pensions in the federal sphere, in October 2009, the government announced a comprehensive reform plan for the federal private pension plan legislation and regulatory framework. Many of these significant pension reforms announced by the finance minister are to be implemented through Bill C-9, the jobs and economic growth bill.

The Minister of Finance has also announced consultations with Canadians to obtain their input on this important matter, as well as consultations with his provincial and territorial counterparts that are currently ongoing concerning retirement security. A review of policy options is scheduled for the finance ministers' meeting to be held in May 2010.

In considering this bill, we must be mindful of the larger issue of pension and retirement income security. We must consider as well the interaction of this bill with the initiatives that are currently ongoing to promote the security of pensions as an important component of the retirement income security system. The government is considering all of these factors in fulfilling its commitment to explore ways to better protect workers whose employers go bankrupt.

I have a final note on this issue. Based on our experience at committee, I want to be clear on the present structure of the BIA. In fact, there is a super-priority group of current employees of a company that is looking at bankruptcy. That money that is available goes to those wages that are earned but not paid and they are a super-priority.

The next level is the secure level of debtor, which, to be frank, is the banks, those that have security against the bankrupt company in terms of hard assets and so on. It is really the banking level that most people consider.

The third level at present is everybody else, which includes the pensioners but also includes the suppliers, bondholders and a number of other debt instruments that companies use to operate.

This bill, from my understanding, and I will need some clarification as we debate this bill further, would move the pensioners above the secure level into the super-priority area. That was what was indicated in the speech by the mover of the motion. I will check into that further. However, what the Nortel employees who came to see us at the finance committee said is that they do not want to be a super-priority. They do not believe they could qualify for the secure level but they would be interested in a preferred position, ahead of suppliers and ahead of bondholders.

Through the debate over the next number of weeks on this and if it makes it through to committee, those are the questions that, as a member of the finance committee, I will be asking the mover to ensure we have clarification on what this bill would do. We need to be very careful when making these changes to the Bankruptcy and Insolvency Act to ensure everyone is treated fairly through this process.

PensionsOral Questions

April 23rd, 2010 / 11:40 a.m.


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Macleod Alberta

Conservative

Ted Menzies ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, the only deceit here this morning comes from the opposition when it even suggests that it cares about seniors. Maybe it did in that half-day conference that was convened here in Ottawa to listen to seniors. Those who could not travel here, I guess the Liberals did not want to hear from them.

Last year we consulted with those involved in the federally regulated private pension plans. We found out what the problems were and we put in fixes for them. They are in Bill C-9 and we would encourage hon. members to actually read that they are in the budget and help us get them through for those people.

Bill C-9--Jobs and Economic Growth ActRoutine Proceedings

April 22nd, 2010 / 10:45 a.m.


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Conservative

Ted Menzies Conservative Macleod, AB

Mr. Speaker, I would be glad to let them continue but my focus here is to ensure that Bill C-9 passes because that is what Canadians have asked us to do.

The mining industry had asked us to continue the flow-through shares, and that is part of this bill.

The universal child care benefit is being changed so that single parents actually qualify for it. We heard that from Canadians as well.

Maybe the issue here is hidden. Maybe the member, along with other members of this House, are concerned that in this budget implementation act their wages will be frozen for three years. I think that is leadership and that is what we are showing.

The member for Outremont just talked about the devastation that happened with the changes in the Navigable Waters Protection Act in budget 2009. We did not hear much from those people who came to committee and were reassured that those changes in budget 2009 to the Navigable Waters Protection Act were nothing but improvements. They are happy. I am not sure where the hon. member for Outremont has been canoeing lately but he has not been impeded from canoeing anywhere because of those changes.

I think I have spoken long enough about my frustration with this frivolous motion. Therefore, I move:

That the debate be now adjourned.

Bill C-9--Jobs and Economic Growth ActRoutine Proceedings

April 22nd, 2010 / 10:30 a.m.


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Macleod Alberta

Conservative

Ted Menzies ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, I have a question for my hon. colleague who sits on the finance committee with me and who, I am sure, will bring forward healthy debate when we do debate Bill C-9 at the finance committee, where it should be debated. We have offered to extend meetings. I hope he will stay past his supper hour and join us in those meetings, because we think it is very important, and I referred to that in my last question.

However, let me read a quote. This is supposed to be all about the environment. This is why the hon. member for Edmonton—Strathcona wants to split this bill. Let me read a quote from my good friend, Elizabeth May. This is going back some time.

So we were extremely hopeful with the 1993 red book, where there was a commitment that CEAA

—the Canadian Environmental Assessment Agency—

—would receive royal assent, but it would be with significant strengthening and the creation of an independent Canadian environmental assessment agency that would be more like the CRTC in its functions.

That is what is in Bill C-9. That is exactly what we are doing in Bill C-9, giving the minister more strength to ensure that environmental assessments are done, and done properly.

Bill C-9--Jobs and Economic Growth ActRoutine Proceedings

April 22nd, 2010 / 10:25 a.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Thank you, Mr. Speaker. That is what I was asking.

The motion moved by my friend and colleague, the member for Edmonton—Strathcona, proposes that Bill C-9 be divided to ensure that the dissimilar parts concerning completely different topics can be debated one at a time and not all together.

A few examples were cited earlier, but I would like to come back to some of them. For example, the bill would legalize—for ever and ever—the theft of the employment insurance fund first committed by the Liberals and now continuing under the Conservatives. We must remember that every business and employee across Canada has contributed to a fund specifically dedicated to assistance during times of unemployment. As we know, unemployment is cyclical.

Instead of leaving the money there, the Liberals transferred it to the consolidated revenue fund, the government's general account. Some people said that did not change anything because the same amount of money appeared on the government's books before and after. But there is a huge difference between the two. Every single business, whether it made money or lost money, had to contribute for each and every one of its employees. The government used that money to give itself an extra $60 billion in leeway to offer tax breaks to the most profitable companies. Why those companies? Well, because tax breaks only apply to companies that pay taxes, or in other words, those that make a profit.

Businesses that were already suffering because of the Conservatives' negligence, incompetence and preferential treatment watched the money that was there for their employees, along with the money employees themselves contributed, disappear. Businesses that were losing money contributed to the fund, and that cash ended up subsidizing oil sands companies. Worse still, once the precedent was set, the Conservatives, who pointed fingers at the Liberals for doing it first, turned around and did it again, perfecting the technique and making it all perfectly legal in this bill. It is clear to us that this issue must be debated separately.

As my colleague so rightly pointed out earlier, there are also serious implications with respect to the environment. Last year, the Conservative-Liberal axis of evil joined forces once again to completely undermine the Navigable Waters Protection Act, a century-old law that gave Canada an enviable reputation for protecting its waterways. The Liberals and the Conservatives joined forces and torpedoed the Navigable Waters Protection Act because the Minister of Transport claimed that it was killing jobs.

Decades after the Brundtland report, it seems that Canada was incapable of understanding that the environment and the economy are not opposing forces, but that they have to go hand in hand in every choice we make in our daily lives, especially when we are called on to make decisions in a Parliament such as ours.

Furthermore, the Conservatives and Liberals are going to join forces again, this time to scrap the environmental assessment process for energy mega-projects. I listened to my colleague, the hon. member for Brome—Missisquoi, speaking earlier. I was in his region recently with our candidate, Christelle Bogosta, to work with the municipality of Dunham in order to prevent the Conservatives from reversing the flow of the Portland—Montreal pipeline, which would have the double effect of killing jobs in Montreal and endangering the environment in a beautiful region that boasts many lakes and rivers. The pipeline was built about 60 years ago. They are going to build an enormous pumping station order to increase pressure because, instead of bringing oil from the Middle East or North Africa, they will be getting crude from the oil sands, and it will have to be pumped in the opposite direction. The flow will be reversed, and the pressure will increase. This is going to cause environmental disasters, but the Conservatives do not want us to even consider these things. They no longer want any environmental assessments in such cases.

Sustainable development means considering environmental, social and economic factors all together, in each case that is presented to us. And what about the jobs that will be killed? Consider all the projects that have been approved since the Conservatives came to power: Keystone, Alberta Clipper, Southern Lights, and a new line they want to install as soon as possible in order to export oil to China. According to an objective external assessment, the Keystone project alone will cost Canada 18,000 jobs.

We have always had an integrated economy that involves processing our own primary resources, including lumber, minerals and oil. Value was added right here. We are going back to the days of exporting logs to the United States where they were transformed into furniture, thus creating wealth and jobs there, and then re-importing the furniture to Canada. This is what it means to be the proverbial hewers of wood and drawers of water. This is the kind of economy the Conservatives want to pass on to our children and grandchildren.

When the Netherlands discovered oil and gas offshore a few decades ago, the guilder, which was the Dutch currency at the time, shot up in value. In economic terms, this is known as Dutch disease, not to be confused with Dutch elm disease. This economic malaise occurs when foreign currency flows into a country too quickly, driving up the value of the country's own currency and making it nearly impossible for the country to export manufactured goods. The country's resources are used to create wealth, but it can no longer manufacture and export goods, because its currency is too valuable.

Because the Conservatives have never factored in the environmental costs of the oil sands, an artificially inflated number of U.S. dollars is flowing into our economy at present, driving the loonie to unprecedented heights and making it harder for us to export our manufactured goods and forest products. Before the current crisis hit Canada, Ontario, Quebec and British Columbia had lost more than 400,000 well-paying jobs in forestry and manufacturing. Talk about gutting the economy.

Let us say that someone in our riding wants to show us a factory where product x is manufactured and tells us that the product is a real money-maker, selling around the world for $100 and bringing in huge revenues. We go to the factory and say that it is wonderful, but we ask to see what is going on out back. We are refused access and told not to look. But we insist on looking, and we notice that all the waste is being thrown into the river behind the factory instead of being properly processed. Our first instinct would be to say that the price is wrong, because it does not factor in the cost of managing byproducts or waste.

This is the fundamental mistake that Canada is making under the Conservatives, and they do not even want anyone to look anymore. They do not even want any more environmental assessments. As usual, the Liberals will vote with the Conservatives to scrap the environment and destroy our economy and any chance future generations might have of enjoying the same safeguards we do. In fact, they are going to be stuck with the bill. It is a scandal, and we are going to stand up and condemn it.

Bill C-9--Jobs and Economic Growth ActRoutine Proceedings

April 22nd, 2010 / 10:15 a.m.


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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, I would like to congratulate my colleague from Edmonton—Strathcona for her truly wonderful work on the Standing Committee on Environment and Sustainable Development.

According to the Conservatives, Bill C-9 is both extraordinary and fantastic, but at the same time, they have slipped some poison pills into it. One of the pills they seem to have included in the bill—and I would like to hear my colleague's opinion about this—would now give the Minister of the Environment the option of whether or not to hold public hearings. They have included this in what they say is a budget implementation bill. What will the minister do? Will he stand up for the oil sands or fish?

What does my colleague think the minister will do once he has discretion over public hearings?

Bill C-9--Jobs and Economic Growth ActRoutine Proceedings

April 22nd, 2010 / 10:10 a.m.


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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I would like to thank our environment critic for raising this motion today. It is a very important motion and she has laid out some very clear, solid grounds as to why Bill C-9, the budget implementation bill, should be split and sent to committee.

She has raised the issues of environmental regulations and how the government is trying to truck through massive changes in public policy under the cover of a budget bill. However, there are also many issues in the budget implementation bill that are of great concern to us as New Democrats. When we look at what is not in the budget implementation bill in terms of helping people in their everyday lives, whether it is housing, help for students and seniors or pensions, there are huge issues here that are not being addressed.

I wonder if the member, in moving this motion today, could also address some of the issues regarding Bill C-9 and the problems that it has presented. On the one hand, it contains huge flaws in terms of trying to push through these massive changes, but on the other hand, it is neglecting the real priorities that people have concerning things like pensions, housing and child care.

Bill C-9--Jobs and Economic Growth ActRoutine Proceedings

April 22nd, 2010 / 10:05 a.m.


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NDP

Linda Duncan NDP Edmonton Strathcona, AB

moved:

That it be an instruction to the Standing Committee on Finance that it have the power to divide Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, into two or more pieces of legislation.

Mr. Speaker, I am rising to speak to my motion, first tabled before the House April 20, 2010 and today.

Why have I moved this motion? The pattern and practice of the government to institute significant legislative reforms under the cloak of budget bills has been loudly criticized by the Canadian public. This is the second time that the government, during this Parliament, has chosen to make major changes to the environment through a budget bill.

What has caused such broad consternation is the fact that the subject area of at least one part of Bill C-9, part 20, is by law required to be referred to a parliamentary committee for comprehensive review this year; the fact that the parliamentary committee on environment and sustainable development has already agreed to undertake this review. and that this review is scheduled to commence within weeks; and the fact that the same law requires the committee to report back to Parliament on its review and any recommended changes within a year of completing that review.

There is a clear intent expressed by legislators: of who is charged with reviewing changes to the bill; the process to be followed and, in other words, an open participatory process to review any legislative changes; responsibility already taken on by the parliamentary committee; and that the review is likely to be substantive. For these reasons I am recommending that the finance committee, having been charged to study Bill C-9, be empowered to consider dividing the bill. It is my recommendation to the House that it consider empowering the finance committee to split the bill.

Mr. Speaker, I will be splitting my time with the member for Outremont.

The very title of the budget implementation bill makes clear the narrow thrust of Bill C-9. It is entitled “Jobs and Economic Growth Act”.

While a good number of provisions of Bill C-9 arguably fall within the purview of a budget implementation bill and that narrow context, under the rubric of jobs and growth, I submit a number of parts of Bill C-9 clearly do not. Counted among those are: part 18, which is about the reorganization of Atomic Energy of Canada Limited; part 19, amending the National Energy Board Act and the Nuclear Safety and Control Act to allow for participant funding; and in particular, part 20, which brings forth substantial amendments to the Canadian Environmental Protection Act.

I wish most specifically to speak to parts 19 and 20. These parts provide for significant reforms to the federal environmental assessment law: procedures and critical rights. To provide a context, the legislative purposes of the Canadian Environmental Assessment Act include: to ensure projects are considered in a careful and precautionary manner in advance of decisions to ensure they do not cause significant harm or adverse impacts; to ensure coordination among federal authorities; to ensure communication and co-operation with aboriginal people; and to ensure opportunities for timely and meaningful public participation.

The Canadian Environmental Assessment Act requires that the government minister, the CEA agency and all federal authorities exercise their powers in a manner consistent with protecting the environment and human health, and observing the precautionary principle. No such similar broad duties can be found either in the NEB Act nor the Nuclear Safety and Control Act.

The CEAA does allow the Minister of the Environment, on a project-specific basis, to assign environmental reviews to other bodies, but with conditions that there be identical factors, as considered under CEAA, and equal public participation rights. What the government has proposed in the bill is hardly equivalent and a major step backwards in participatory rights and opportunity.

The amendments under part 20 provide for the transfer of responsibility of the CEA agency to the National Energy Board and the Canadian Nuclear Safety Commission for any comprehensive study of projects under their purview, so it is a broad policy assignment of power.

Of concern to me is the fact that the National Energy Board has apparently already posted on its website that these reforms are already in legal effect. The CEAA requires the minister to establish a participant funding program, while Bill C-9 reforms really grant the discretion to the National Energy Board and the Nuclear Safety Commission to consider establishing participant funding.

Of greatest concern, Bill C-9 also exempts a broad category of federally funded projects from environmental assessment, regardless of the significance of their environmental impacts. The minister may reverse the exemption if significant impacts are identified. It hardly provides for the legal certainty that the government promised in its throne speech.

Projects that would be exempted include: the building Canada fund, the green infrastructure fund, the recreational infrastructure fund, the border infrastructure fund, the municipal rural infrastructure fund, and on it goes. Bill C-9 also changes CEAA to grant the minister broad, undefined discretion to narrow the scope of any environmental assessment or, in other words, allow for the introduction of inappropriate, potentially political considerations.

Concerns about this provision have been voiced strongly by a number of sectors including first nations. In particular, first nations are concerned that their constitutionally protected rights for advance notice, consultation and accommodation may have been violated by bringing forward these amendments without first contacting them.

I might add that the government appears to also be failing to adhere to its commitments under the North American agreement on environmental co-operation, where it is obligated to provide advance notice and opportunity to comment to anyone in North American who may be impacted by such reforms. The amendments strike at the very heart of the federal process negotiated among all interests over past decades. The reviews could have gone to the regulatory advisory committee, which the government has not brought together for the last year and half.

In summary, the Canadian Environmental Assessment Act review includes a review and reform process. It prescribes who is to undertake that review. The matter has already been taken up by the Standing Committee on Environment and Sustainable Development, one of the two bodies provided in law that may take on such a study. The parliamentary committee has already scheduled public hearings on this matter, which will proceed within weeks.

It appears, therefore, logical and respectful to empower the finance committee to split its review of Bill C-9 and to delay review of specified parts, in particular parts 19 and 20, until such time as the CEAA review, mandated first to the Standing Committee on Environment and Sustainable Development, is completed and the recommended reforms submitted to Parliament.

This would enable a full and open review of the proposed reforms to assessment law, including hearing testimony from interested Canadians, including industry, provincial governments, first nations, the territories and the general public, on the proposed legal reforms. To do otherwise would ensure a slippery slope to the democratic process.

Canada has long stood as an example in the Western world for having among the best environmental impact assessment processes. Many Canadians have gone to court to fight for strong federal environmental assessment laws. Yet, with one broad brush of a budget bill, open to potentially having the government fall to a confidence vote, is not the way to proceed with a sensible, open discussion on these critical amendments.

In closing, I would just add again that I recommend to the House that it consider giving this power to the committee to consider splitting Bill C-9.

Canada PostOral Questions

April 16th, 2010 / noon


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Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Mr. Speaker, in the budget implementation bill, the Conservative government is trying to slip in a provision to make outgoing international mail accessible to the competition, thereby attacking Canada Post's exclusive privilege and opening the door to full deregulation of the crown corporation.

Does the government realize that by avoiding debate on the issue, it is being anti-democratic? Will it agree to remove this provision from Bill C-9?

Business of the HouseOral Questions

April 15th, 2010 / 3:05 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 am happy to reply to my hon. colleague, the House leader of the official opposition, as to the business of the House for the remainder of this week and into next week.

Today I hope to conclude the debate at second reading of Bill C-9, the jobs and economic growth act. The budget implementation act is a very important legislation. We have heard a lot of debate about it in the Chamber. I am very pleased that we are getting our message out about all the good things we are doing to help sustain jobs and create new jobs in our country.

The next bill I intend to call following Bill C-9 is Bill C-5, the international transfer of offenders act.

Next week we will continue with the business of this week with the addition of Bill C-4, Sébastien's law, and Bill C-13, fairness for military families act.

Tuesday, April 20, next week, shall be an allotted day.

As for the hon. opposition House leader's inquiry about specific pieces of legislation, all I would ask is that he be patient. We are bringing forward a lot of legislation. All of it is excellent legislation that I know he can hardly wait to support.

Department of Public Works and Government Services ActPrivate Members' Business

April 14th, 2010 / 7 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Madam Speaker, I have to say I like the parliamentary secretary, but his statement was absolute rubbish.

First off, we have to be very clear here. There is absolutely nothing in the bill that contravenes any international obligations pertaining to Canada. It is simply not true.

Second, and this is perhaps even more important, when we look at what has happened with the wood industry, the softwood lumber industry particularly, in this country over the last few years, it has been self-inflicted by the current government, particularly because of the softwood lumber sellout that has led to the death of 20,000 jobs across this country.

When we held hearings into the softwood lumber sellout at the international trade committee, it was very clear what the implications were. This was a sellout with implications that would lead to the death of thousands of jobs in this country and would kill dozens of mills. Yet, the Conservatives, with the support of Liberals and, I have to say with great regret, the Bloc, the three other parties in this House ganged up together and the result has been the death of much of the industry.

In my riding of Burnaby—New Westminster, we were at the epicentre of this killing of our softwood lumber industry. We lost three mills after the signing of the softwood lumber sellout. We lost Interfor, Canfor and Western Forest Products, one after the other. Two thousand direct jobs were lost. Six thousand jobs were lost indirectly. All because the current government put its faith in David Emerson who knew full well that what this would do is kill the industry. But he figured that nobody on the Conservative government's side would actually do any due diligence around his work; what the Conservatives would do is cut some ribbons, say that they had achieved a victory, give $1 billion to the United States and, somehow, everything would turn out all right.

Well, that is not how it has turned out. We have seen dozens of mills close, thousands of jobs lost, and the Canadian taxpayer and Canadian softwood communities continue to pick up the tab. We are debating, currently, Bill C-9, which would imposes a $60 million additional penalty on softwood communities across this country, brought in by the Conservatives. We now have in front of the arbitral panel a further hundreds of millions of dollars, potentially, in penalties, given Quebec and Ontario forestry practices, legitimate for the softwood lumber sellout, now considered the object of fines, and we have looming in the distance B.C. stumpage being challenged with potential penalties of up to half a billion dollars. All because the Conservatives did not actually read the agreement before signing it. All because these Conservatives were recklessly irresponsible with our wood industry.

We have a chance to start to rectify what was broken by these Conservatives, with the support of the Liberals and, I dare say, the Bloc; that is, by taking a first step to actually start to repair what was broken by adopting Bill C-429. It is a small step forward. It is not going to get back the 20,000 jobs that were lost directly and the 60,000 jobs that were lost indirectly. It is quite true that the reckless abandon with which the current government destroyed the softwood lumber industry is going to take time and a lot of work to repair. But it is true that giving preference to concepts that promote wood, while balancing off costs, while balancing off greenhouse gas submissions, as is included in this private member's bill, would allow for those first few steps. We produce quality products, the member for Nanaimo—Cowichan said very clearly. British Columbia produces about half of that wood across the country. I need to quote again what the member for Nanaimo—Cowichan quoted, that British Columbia's skilled workmanship and advanced technology help to provide high-performance structural materials and unique appearance grade wood components.

There is no doubt of the quality. There is no doubt of the efficiency of our workers in British Columbia and right across the country. What is in doubt is the current government's capacity to understand the magnitude of what it did in 2006 when it imposed the softwood lumber sellout.

Liberals went along. The Bloc went along. That is true, but it is the Conservatives who provided the getaway car while they emptied out everything that was of value in the softwood lumber industry and drove away, completely irresponsibly, killing thousands of family-sustaining jobs across this country with that vote.

Parliamentarians, particularly of those three parties, have a responsibility to adopt this private member's bill to start to address what they have broken. Every single Conservative MP in this House is responsible for the devastation in the softwood lumber industry. Every single Liberal MP in this House is responsible and every single Bloc MP is responsible.

At least the Bloc is stepping forward with some ways to repair the mistake that was made in 2006.

Business of the HouseOral Questions

April 1st, 2010 / 3:05 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, today we will be continuing with Bill C-9, the jobs and economic growth act.

Next week, as my hon. colleague indicated, is a constituency work week.

When the House returns the week of April 12, we will hopefully be able to conclude the debate at second reading of Bill C-9 and see the jobs and economic growth act move off to committee.

Wednesday, April 14, shall be an allotted day.

While I am on my feet, I would like to wish everyone a happy Easter. As we wind down this five-week sitting, I would like to take the opportunity to recognize and thank the opposition for its cooperation and at times patience as we worked together on the people's business over the last five weeks. With the possible exception from time to time of some partisan issues in question period, we have worked very well.

I would like to extend the same sentiments of appreciation, Mr. Speaker, through you, to the House staff, who always try to serve our needs so well.