Bill C-38 (Historical)

Jobs, Growth and Long-term Prosperity Act

An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures

Part 1 of this enactment implements certain income tax measures and related measures proposed in the March 29, 2012 budget. Most notably, it
(a) expands the list of eligible expenses under the Medical Expense Tax Credit to include blood coagulation monitors and their disposable peripherals;
(b) introduces a temporary measure to allow certain family members to open a Registered Disability Savings Plan for an adult individual who might not be able to enter into a contract;
(c) extends, for one year, the temporary Mineral Exploration Tax Credit for flow-through share investors;
(d) allows corporations to make split and late eligible dividend designations;
(e) makes the salary of the Governor General taxable and adjusts that salary;
(f) allows a designated partner of a partnership to provide a waiver on behalf of all partners to extend the time limit for issuing a determination in respect of the partnership;
(g) amends the penalty applicable to promoters of charitable donation tax shelters who file false registration information or who fail to register a tax shelter prior to selling interests in the tax shelter;
(h) introduces a new penalty applicable to tax shelter promoters who fail to respond to a demand to file an information return or who file an information return that contains false or misleading sales information;
(i) limits the period for which a tax shelter identification number is valid to one calendar year;
(j) modifies the rules for registering certain foreign charitable organizations as qualified donees;
(k) amends the rules for determining the extent to which a charity has engaged in political activities; and
(l) provides the Minister of National Revenue with the authority to suspend the privileges, with respect to issuing tax receipts, of a registered charity or a registered Canadian amateur athletic association if the charity or association fails to report information that is required to be filed annually in an information return or devotes resources to political activities in excess of the limits set out in the Income Tax Act.
Part 1 also implements other selected income tax measures and related measures. Most notably, it
(a) amends the Income Tax Act consequential on the implementation of the Marketing Freedom for Grain Farmers Act, including the extension of the tax deferral allowed to farmers in a designated area who produce listed grains and receive deferred cash purchase tickets to all Canadian farmers who produce listed grains and receive deferred cash purchase tickets;
(b) provides authority for the Canada Revenue Agency to issue via online notice or regular mail demands to file a return; and
(c) introduces a requirement for commercial tax preparers to file income tax returns electronically.
Part 2 amends the Excise Tax Act to implement certain excise tax and goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 29, 2012 Budget. It expands the list of GST/HST zero-rated medical and assistive devices as well as the list of GST/HST zero-rated non-prescription drugs that are used to treat life-threatening diseases. It also exempts certain pharmacists’ professional services from the GST/HST, other than prescription drug dispensing services that are already zero-rated. It further allows certain literacy organizations to claim a rebate of the GST and the federal component of the HST paid on the acquisition of books to be given away for free by those organizations. It also implements legislative requirements relating to the Government of British Columbia’s decision to exit the harmonized sales tax framework. Additional amendments to that Act and related regulations in respect of foreign-based rental vehicles temporarily imported by Canadian residents provide, in certain circumstances, relief from the GST/HST, the Green Levy on fuel-inefficient vehicles and the automobile air conditioner tax. This Part further amends that Act to ensure that changes to the standardized fuel consumption test method used for the EnerGuide, as announced on February 17, 2012 by the Minister of Natural Resources, do not affect the application of the Green Levy.
Finally, Part 2 amends the Air Travellers Security Charge Act, the Excise Act, 2001 and the Excise Tax Act to provide authority for the Canada Revenue Agency to issue via online notice or regular mail demands to file a return.
Part 3 contains certain measures related to responsible resource development.
Division 1 of Part 3 enacts the Canadian Environmental Assessment Act, 2012, which establishes a new federal environmental assessment regime. Assessments are conducted in relation to projects, designated by regulations or by the Minister of the Environment, to determine whether they are likely to cause significant adverse environmental effects that fall within the legislative authority of Parliament, or that are directly linked or necessarily incidental to a federal authority’s exercise of a power or performance of a duty or function that is required for the carrying out of the project.
The Canadian Environmental Assessment Agency, the Canadian Nuclear Safety Commission, the National Energy Board or a review panel established by the Minister are to conduct assessments within applicable time limits. At the end of an assessment, a decision statement is to be issued to the project proponent who is required to comply with the conditions set out in it.
The enactment provides for cooperation between the federal government and other jurisdictions by enabling the delegation of an environmental assessment, the substitution of the process of another jurisdiction for an environmental assessment under the Act and the exclusion of a project from the application of the Act when there is an equivalent assessment by another jurisdiction. The enactment requires that there be opportunities for public participation during an environmental assessment, that participant funding programs and a public registry be established, and that there be follow-up programs in relation to all environmental assessments. It also provides for powers of inspection and fines.
Finally, the enactment specifies that federal authorities are not to take certain measures regarding the carrying out of projects on federal lands or outside Canada unless they determine that those projects are not likely to cause significant adverse environmental effects.
This Division also makes related amendments to the Environmental Violations Administrative Monetary Penalties Act and consequential amendments to other Acts, and repeals the Canadian Environmental Assessment Act.
Division 2 of Part 3 amends the National Energy Board Act to allow the Governor in Council to make the decision about the issuance of certificates for major pipelines. It amends the Act to establish time limits for regulatory reviews under the Act and to enhance the powers of the National Energy Board Chairperson and the Minister responsible for the Act to ensure that those reviews are conducted in a timely manner. It also amends the Act to permit the National Energy Board to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters and it establishes an administrative monetary penalty system.
Division 3 of Part 3 amends the Canada Oil and Gas Operations Act to authorize the National Energy Board to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters.
Division 4 of Part 3 amends the Nuclear Safety and Control Act to extend the maximum allowable term of temporary members of the Canadian Nuclear Safety Commission from six months to three years. It is also amended to allow for a licence to be transferred with the consent of that Commission and it puts in place an administrative monetary penalty system.
Division 5 of Part 3 amends the Fisheries Act to focus that Act on the protection of fish that support commercial, recreational or Aboriginal fisheries and to more effectively manage those activities that pose the greatest threats to these fisheries. The amendments provide additional clarity for the authorization of serious harm to fish and of deposits of deleterious substances. The amendments allow the Minister to enter into agreements with provinces and with other bodies, provide for the control and management of aquatic invasive species, clarify and expand the powers of inspectors, and permit the Governor in Council to designate another Minister as the Minister responsible for the administration and enforcement of subsections 36(3) to (6) of the Fisheries Act for the purposes of, and in relation to, subject matters set out by order.
Division 6 of Part 3 amends the Canadian Environmental Protection Act, 1999 to provide the Minister of the Environment with the authority to renew disposal at sea permits in prescribed circumstances. It is also amended to change the publication requirements for disposal at sea permits and to provide authority to make regulations respecting time limits for their issuance and renewal.
Division 7 of Part 3 amends the Species at Risk Act to allow for the issuance of authorizations with a longer term, to clarify the authority to renew the authorizations and to make compliance with conditions of permits enforceable. The Act is also amended to provide authority to make regulations respecting time limits for the issuance and renewal of permits under the Act. Furthermore, section 77 is amended to ensure that the National Energy Board will be able to issue a certificate when required to do so by the Governor in Council under subsection 54(1) of the National Energy Board Act.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends a number of Acts to eliminate the requirement for the Auditor General of Canada to undertake annual financial audits of certain entities and to assess the performance reports of two agencies. This Division also eliminates other related obligations.
Division 2 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Cooperative Credit Associations Act to prohibit the issuance of life annuity-like products.
Division 3 of Part 4 provides that PPP Canada Inc. is an agent of Her Majesty for purposes limited to its mandated activities at the federal level, including the provision of advice to federal departments and Crown corporations on public-private partnership projects.
Division 4 of Part 4 amends the Northwest Territories Act, the Nunavut Act and the Yukon Act to provide the authority for the Governor in Council to set, on the recommendation of the Minister of Finance, the maximum amount of territorial borrowings and to make regulations in relation to those maximum amounts, including what constitutes borrowing, the relevant entities and the valuation of the borrowings.
Division 5 of Part 4 amends the Financial Administration Act to modify, for parent Crown corporations, the period to which their quarterly financial reports relate, so that it is aligned with their financial year, and to include in the place of certain annual tabling requirements related to the business and activities of parent Crown corporations a requirement to make public consolidated quarterly reports on their business and activities. It also amends the Alternative Fuels Act and the Public Service Employment Act to eliminate certain reporting requirements.
Division 6 of Part 4 amends the Department of Human Resources and Skills Development Act to establish the Social Security Tribunal and to add provisions authorizing the electronic administration or enforcement of programs, legislation, activities or policies. It also amends the Canada Pension Plan, the Old Age Security Act and the Employment Insurance Act so that appeals from decisions made under those Acts will be heard by the Social Security Tribunal. Finally, it provides for transitional provisions and makes consequential amendments to other Acts.
Division 7 of Part 4 amends the Department of Human Resources and Skills Development Act to add provisions relating to the protection of personal information obtained in the course of administering or enforcing the Canada Pension Plan and the Old Age Security Act and repeals provisions in the Canada Pension Plan and the Old Age Security Act that are substantially the same as those that are added to the Human Resources and Skills Development Act.
Division 8 of Part 4 amends the Department of Human Resources and Skills Development Act to add provisions relating to the social insurance registers and Social Insurance Numbers. It also amends the Canada Pension Plan in relation to Social Insurance Numbers and the Employment Insurance Act to repeal certain provisions relating to the social insurance registers and Social Insurance Numbers and to maintain the power to charge the costs of those registers to the Employment Insurance Operating Account.
Division 9 of Part 4 amends the Parks Canada Agency Act to provide that the Agency may enter into agreements with other ministers or bodies to assist in the administration and enforcement of legislation in places outside national parks, national historic sites, national marine conservation areas and other protected heritage areas if considerations of geography make it impractical for the other minister or body to administer and enforce that legislation in those places. It also amends that Act to provide that the Chief Executive Officer is to report to the Minister of the Environment under section 31 of that Act every five years. It amends that Act to remove the requirements for annual corporate plans, annual reports and annual audits, and amends that Act, the Canada National Parks Act and the Canada National Marine Conservation Areas Act to provide that that Minister is to review management plans for national parks, national historic sites, national marine conservation areas and other protected heritage areas at least every 10 years and is to have any amendments to a plan tabled in Parliament.
Division 10 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act in order to allow public sector investment pools that satisfy certain criteria, including pursuing commercial objectives, to directly invest in a Canadian financial institution, subject to approval by the Minister of Finance.
Division 11 of Part 4 amends the National Housing Act, the Canada Mortgage and Housing Corporation Act and the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act to enhance the governance and oversight framework of the Canada Mortgage and Housing Corporation.
This Division also amends the National Housing Act to establish a registry for institutions that issue covered bonds and for covered bond programs and to provide for the protection of covered bond contracts and covered bond collateral in the event of an issuer’s bankruptcy or insolvency. It also makes amendments to the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to prohibit institutions from issuing covered bonds except within the framework established under the National Housing Act. Finally, it includes a coordinating amendment to the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act.
Division 12 of Part 4 implements 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 signed on May 26, 2009.
Division 13 of Part 4 amends the Bretton Woods and Related Agreements Act to reflect an increase in Canada’s quota subscription, as related to the ratification of the 2010 Quota and Governance reform resolution of the Board of Governors of the International Monetary Fund, and to align the timing of the annual report under that Act to correspond to that of the annual report under the Official Development Assistance Accountability Act.
Division 14 of Part 4 amends the Canada Health Act so that members of the Royal Canadian Mounted Police are included in the definition of “insured person”.
Division 15 of Part 4 amends the Canadian Security Intelligence Service Act to
(a) remove the office of the Inspector General;
(b) require the Security Intelligence Review Committee to submit to the Minister of Public Safety and Emergency Preparedness a certificate on the Director of the Canadian Security Intelligence Service’s annual report; and
(c) increase the information on the Service’s activities to be provided by that Committee to that Minister.
Division 16 of Part 4 amends the Currency Act to clarify certain provisions that relate to the calling in and the redemption of coins.
Division 17 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act in order to implement the total transfer protection for the 2012-2013 fiscal year and to give effect to certain elements of major transfer renewal that were announced by the Minister of Finance on December 19, 2011. It also makes certain administrative amendments to that Act and to the Canada Health Act.
Division 18 of Part 4 amends the Fisheries Act to authorize the Minister of Fisheries and Oceans to allocate fish for the purpose of financing scientific and fisheries management activities in the context of joint project agreements.
Division 19 of Part 4 amends the Food and Drugs Act to give the Minister of Health the power to establish a list that sets out prescription drugs or classes of prescription drugs and to provide that the list may be incorporated by reference. It also gives the Minister the power to issue marketing authorizations that exempt a food, or an advertisement with respect to a food, from certain provisions of the Act. The division also provides that a regulation with respect to a food and a marketing authorization may incorporate by reference any document. It also makes consequential amendments to other Acts.
Division 20 of Part 4 amends the Government Employees Compensation Act to allow prescribed entities to be subrogated to the rights of employees to make claims against third parties.
Division 21 of Part 4 amends the International Development Research Centre Act to reduce the maximum number of governors of the Centre to 14, and to consequently change other rules about the number of governors.
Division 22 of Part 4 amends Part I of the Canada Labour Code to require the parties to a collective agreement to file a copy of it with the Minister of Labour, subject to the regulations, as a condition for it to come into force. It amends Part III of that Act to require employers that provide benefits to their employees under long-term disability plans to insure those plans, subject to certain exceptions. The Division also amends that Part to create an offence and to increase maximum fines for offences under that Part.
Division 23 of Part 4 repeals the Fair Wages and Hours of Labour Act.
Division 24 of Part 4 amends the Old Age Security Act to provide the Minister of Human Resources and Skills Development with the authority to waive the requirement for an application for Old Age Security benefits for many eligible seniors, to gradually increase the age of eligibility for the Old Age Security Pension, the Guaranteed Income Supplement, the Allowance and the Allowance for the Survivor and to allow individuals to voluntarily defer their Old Age Security Pension up to five years past the age of eligibility, in exchange for a higher, actuarially adjusted, pension.
Division 25 of Part 4 dissolves the Public Appointments Commission and its secretariat.
Division 26 of Part 4 amends the Seeds Act to give the President of the Canadian Food Inspection Agency the power to issue licences to persons authorizing them to perform activities related to controlling or assuring the quality of seeds or seed crops.
Division 27 of Part 4 amends the Statutory Instruments Act to remove the distribution requirements for the Canada Gazette.
Division 28 of Part 4 amends the Investment Canada Act in order to authorize the Minister of Industry to communicate or disclose certain information relating to investments and to accept security in order to promote compliance with undertakings.
Division 29 of Part 4 amends the Customs Act to allow the Minister of Public Safety and Emergency Preparedness to designate a portion of a roadway or other access way that leads to a customs office and that is used by persons arriving in Canada and by persons travelling within Canada as a mixed-traffic corridor. All persons who are travelling in a mixed-traffic corridor must present themselves to a border services officer and state whether they are arriving from a location outside or within Canada.
Division 30 of Part 4 gives retroactive effect to subsections 39(2) and (3) of the Pension Benefits Standards Act, 1985.
Division 31 of Part 4 amends the Railway Safety Act to limit the apportionment of costs to a road authority when a grant has been made under section 12 of that Act.
Division 32 of Part 4 amends the Canadian International Trade Tribunal Act to replace the two Vice-chairperson positions with two permanent member positions.
Division 33 of Part 4 repeals the International Centre for Human Rights and Democratic Development Act and authorizes the closing out of the affairs of the Centre established by that Act.
Division 34 of Part 4 amends the Health of Animals Act to allow the Minister of Agriculture and Agri-Food to declare certain areas to be control zones in respect of a disease or toxic substance. The enactment also grants the Minister certain powers, including the power to make regulations prohibiting the movement of persons, animals or things in the control zones for the purpose of eliminating a disease or toxic substance or controlling its spread and the power to impose conditions on the movement of animals or things in those zones.
Division 35 of Part 4 amends the Canada School of Public Service Act to abolish the Board of Governors of the Canada School of Public Service and to place certain responsibilities on the Minister designated for the purposes of the Act and on the President of the School.
Division 36 of Part 4 amends the Bank Act by adding a preamble to it.
Division 37 of Part 4 amends the Corrections and Conditional Release Act to eliminate the requirement of a hearing for certain reviews.
Division 38 of Part 4 amends the Coasting Trade Act to add seismic activities to the list of exceptions to the prohibition against foreign ships and non-duty paid ships engaging in the coasting trade.
Division 39 of Part 4 amends the Status of the Artist Act to dissolve the Canadian Artists and Producers Professional Relations Tribunal and transfer its powers and duties to the Canada Industrial Relations Board.
Division 40 of Part 4 amends the National Round Table on the Environment and the Economy Act to give the Round Table the power to sell or otherwise dispose of its assets and satisfy its debts and liabilities and to give the Minister of the Environment the power to direct the Round Table in respect of the exercise of some of its powers. The Division provides for the repeal of the Act and makes consequential amendments to other acts.
Division 41 of Part 4 amends the Telecommunications Act to change the rules relating to foreign ownership of Canadian carriers eligible to operate as telecommunications common carriers and to permit the recovery of costs associated with the administration and enforcement of the national do not call list.
Division 42 of Part 4 amends the Employment Equity Act to remove the requirements that are specific to the Federal Contractors Program for Employment Equity.
Division 43 of Part 4 amends the Employment Insurance Act to permit a person’s benefits to be determined by reference to their highest earnings in a given number of weeks, to permit regulations to be made respecting what constitutes suitable employment, to remove the requirement that a consent to deduction be in writing, to provide a limitation period within which certain repayments of overpayments need to be deducted and paid and to clarify the provisions respecting the refund of premiums to self-employed persons. It also amends that Act to modify the Employment Insurance premium rate-setting mechanism, including requiring that the rate be set on a seven-year break-even basis once the Employment Insurance Operating Account returns to balance. The Division makes consequential amendments to the Canada Employment Insurance Financing Board Act.
Division 44 of Part 4 amends the Customs Tariff to make certain imported fuels duty-free and to increase the travellers’ exemption thresholds.
Division 45 of Part 4 amends the Canada Marine Act to require provisions of a port authority’s letters patent relating to limits on the authority’s power to borrow money to be recommended by the Minister of Transport and the Minister of Finance before they are approved by the Governor in Council.
Division 46 of Part 4 amends the First Nations Land Management Act to implement changes made to the Framework Agreement on First Nation Land Management, including changes relating to the description of land that is to be subject to a land code, and to provide for the coming into force of land codes and the development by First Nations of environmental protection regimes.
Division 47 of Part 4 amends the Canada Travelling Exhibitions Indemnification Act to increase the maximum indemnity in respect of individual travelling exhibitions, as well as the maximum indemnity in respect of all travelling exhibitions.
Division 48 of Part 4 amends the Canadian Air Transport Security Authority Act to provide that the chief executive officer of the Authority is appointed by the Governor in Council and that an employee may not replace the chief executive officer for more than 90 days without the Governor in Council’s approval.
Division 49 of Part 4 amends the First Nations Fiscal and Statistical Management Act to repeal provisions related to the First Nations Statistical Institute and amends that Act and other Acts to remove any reference to that Institute. It authorizes the Minister of Indian Affairs and Northern Development to close out the Institute’s affairs.
Division 50 of Part 4 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to provide for the payment or reimbursement of fees for career transition services for veterans or their survivors.
Division 51 of Part 4 amends the Department of Human Resources and Skills Development Act to add powers, duties and functions that are substantially the same as those conferred by the Department of Social Development Act. It repeals the Department of Social Development Act and, in doing so, eliminates the National Council of Welfare.
Division 52 of Part 4 amends the Wage Earner Protection Program Act in order to correct the English version of the definition “eligible wages”.
Division 53 of Part 4 repeals the Kyoto Protocol Implementation Act.
Division 54 of Part 4 amends the Immigration and Refugee Protection Act and the Budget Implementation Act, 2008 to provide for the termination of certain applications for permanent residence that were made before February 27, 2008. This Division also amends the Immigration and Refugee Protection Act to, among other things, authorize the Minister of Citizenship and Immigration to give instructions establishing and governing classes of permanent residents as part of the economic class and to provide that the User Fees Act does not apply in respect of fees set by those instructions. Furthermore, this Division amends the Immigration and Refugee Protection Act to allow for the retrospective application of certain regulations and certain instructions given by the Minister, if those regulations and instructions so provide, and to authorize regulations to be made respecting requirements imposed on employers in relation to authorizations to work in Canada.
Division 55 of Part 4 enacts the Shared Services Canada Act to establish Shared Services Canada to provide certain administrative services specified by the Governor in Council. The Act provides for the Governor in Council to designate a minister to preside over Shared Services Canada.
Division 56 of Part 4 amends the Assisted Human Reproduction Act to respond to the Supreme Court of Canada decision in Reference re Assisted Human Reproduction Act that was rendered in 2010, including by repealing the provisions that were found to be unconstitutional and abolishing the Assisted Human Reproduction Agency of Canada.

Incorporation by Reference in Regulations Act

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, the bill we are considering today is very important and quite complex. My colleague from Hamilton Mountain mentioned that the debate may seem very dry, but it is still at the heart of issues that affect all Canadians in terms of respect for the regulations in place. This despite the apparent simplicity of its purpose: to make reference to material and incorporate it in a regulation without reproducing the text. The material will have the same authority and the same force as the rest of the regulation, without actually being there in full.

This debate is already a few years old, and the answer is not always clear even though this technique has been used in federal regulations for a long time already, according to the Chief Legislative Counsel at Justice Canada, Mr. John Mark Keyes. In an earlier speech, my colleague mentioned that this government has used this technique 170 times since 2006.

The bill does indeed appear to be complex, dealing as it does with issues of administrative law and regulations, but it is nevertheless very important and its passage may have a direct impact on the lives of Canadians. We will look into this aspect a little bit later on.

As I said, this bill is very important because it will set a precedent for deciding once and for all whether using this technique for drafting and formulating regulations is legitimate and legal.

The issue is that the bill would make it possible to use open or closed incorporation depending on the type of reference, but the difference between the two is crucial. The regulation-making authority in question will be able to make reference to material—such as a legislative text, a treaty, a standard or technical material—and its subsequent and earlier amendments will be incorporated in the regulations automatically. This is called open incorporation.

Needless to say, in certain cases, incorporation by reference appears to be a logical solution. In the case of interest rates, for instance, or other similar indices, such as the consumer price index or the unemployment rate, I think it is obvious that it should be possible to incorporate numbers, rates or indices in the regulation without having to take the legislative route every time. However, if we dig a little deeper, two issues come up. First, I will quote subsection 18.1(3) of the bill:

The power to make a regulation also includes the power to incorporate by reference an index, rate or number—as it exists on a particular date or as it is varied from time to time—[that is, as it may change in the future] established by Statistics Canada, the Bank of Canada or a person or body other than the regulation-making authority.

In other words, the government will be free to incorporate in regulations the definitions, rates and indices established by just about anyone, including civil society groups, foreign governments, NGOs, and so on. The bill does not define those two terms nor does it refer to any definitions in any other legislation. This is a serious problem that was discovered by the Senate committee.

Senator Fraser, asking for clarification about the definitions of these two terms and the ridiculously broad scope of this power, “Trust us' is what you are saying to me”.

The second problem has to do with the accessibility of the regulations, for both Canadians and for Parliament. Indeed, regulations are rather dry, often very complicated texts, and the addition of indices and figures without any direct reference could make the regulations and their objectives even more difficult to understand. It is important to ensure absolute clarity regarding the context in which these figures and indices are incorporated, and I am not convinced that this bill does that.

Furthermore, another kind of accessibility is at issue here: the power of parliamentary oversight. In that sense, this bill in no way responds to the joint committee's concerns regarding the use of incorporation by reference. In fact, the bill does the exact opposite. The joint committee worked very hard to respect the principle of the legislative power of Parliament.

These two problems are mentioned in the most recent edition of L'action gouvernementale -- Précis de droit des institutions administratives by Lemieux and Issalys. I quote:

The frequency of such references is making some people fear an erosion of state sovereignty in favour of power structures over which they have no influence. It is also raising more concrete concerns about citizens' access to texts detailing the standards that govern them.

That is at the heart of what we are debating here. The authors are essentially talking about altering the regulatory power, since the reference could prevent people from understanding the regulations, particularly in the case of a so-called ambulatory incorporation by reference, since a reference is being made not only to an external text, but also to the specific context in which the text was created or amended, to which the person subject to the regulations does not necessarily have access.

The use of references to regulations outside of the Canadian legal context poses an even bigger problem, and yet this use is becoming increasingly common.

I would like to read another clause from the bill, paragraph 18.3(1):

The regulation-making authority shall ensure that a document, index, rate or number that is incorporated by reference is accessible.

If the idea behind the reference is to avoid having to publish the documents incorporated a second time, since the documents are usually published and accessible in another form, what does the word “accessible” mean? I have listened to the majority of the speeches here this afternoon. But the absence of this definition, or the vague definition, is yet another obstacle to having an exhaustive and effective bill to protect Canadians from being ignorant of the regulations or of the provisions in regulations that could affect them.

According to the legislative counsel of the Minister of Justice, a document can be considered accessible if the person subject to the regulations is able to obtain a copy of the document in question and then understand what needs to be understood. It is not mandatory to send a copy of the document to this person. The document simply has to be accessible if the person makes a reasonable effort.

And that is where section 18.7 takes on its full significance. If accessibility is not demonstrated, this clause paves the way for sanctions or convictions based on the incorporated document. So subsection 18.3(1) can be interpreted as requiring the regulation-making authority to be responsible for accessibility, not the people subject to the regulations.

But who will determine what constitutes reasonable effort? We can all agree that referring to a Canadian or Quebec law does not necessarily require much effort from one of our constituents. It will require Internet access, but that is another debate for another time.

However, if we are talking about a foreign government's specific phytosanitary standards, for example, the person must be able to find that information. In the event that Canada has not yet harmonized its standards with the country in question, the person must navigate a foreign government's website, hoping that the information will be posted in one of Canada's official languages.

I want to say that there are limits to that idea that no one can be ignorant of the law. As parliamentary legislators, we live in a legislative universe and we sometimes have trouble making sense of it. I cannot even imagine the average Canadian who is trying to understand an enabling statute and its many regulations, especially if the regulations are split between an existing text and references.

Mr. Keyes, who testified at the Senate committee, said this during his testimony:

...the bill is making a substantial improvement in that it is for the first time generally stating this obligation, and it is largely stating the obligation in the way that it exists right now in terms of the common law and in terms of the way the courts have dealt with these issues in the very limited number of cases that incorporated documents have ever come up in the courts.

But he forgot, perhaps, to mention that this improvement is the result of the bill and that debate is still raging over the best approach to take concerning regulation by reference.

This technique is controversial. Recommendations from the Standing Joint Committee on Scrutiny of Regulations clearly state the following:

...incorporation by reference also gives rise to concerns relating to accessibility to the law, in that although incorporated material becomes part of the regulations, the actual text of that material must be found elsewhere.

The report continues:

Such concerns are heightened where material is incorporated “as amended from time to time”, in that members of the public may have difficulty ascertaining precisely what the current version is at a particular point in time.

The Liberal senators tried to amend the bill in order to establish guidelines to create standards related to the use of regulations by reference depending on whether it is static or ambulatory. This proposal was rejected, despite the fact that such provisions currently exist in many other countries, including Australia and New Zealand, as well as in certain provincial jurisdictions, including Ontario and Manitoba.

Furthermore, it is not always easy to distinguish between the two types of reference, which can lead to confusion during interpretation of the regulations. My hon. colleague from Saanich—Gulf Islands mentioned that Bill C-38 and Bill C-45, both massive bills, contained incorporation by reference provisions. In Bill C-38, it was clause 89. I will not read the clause, because it is six paragraphs long. In Bill C-45, it was clause 30.

This massive bill before us already has some very important elements leading to both a static and ambulatory incorporation by reference. But this measure is not yet entrenched in our regulations, and as we heard in many speeches, its legitimacy raises some questions, not only for us as parliamentarians, because we have to discuss and debate these pieces of legislation and perhaps pass them, but also for any Canadians who find themselves having to navigate this quagmire.

Again, Bills C-38 and C-45 added, amended or eliminated over 130 different acts. If, some day, we can include incorporation by reference, particularly ambulatory incorporation by reference, we may get totally confused, and even more so if that practice is generalized with the presence of terms whose definition is imprecise or non-existent.

The Senate refused to define terms like “accessibility” and “reasonable effort to get the document”. We, on this side of the House, hope to do this essential work at committee stage and to ensure that the legislation will be suited to all Canadians.

In the end, these elements of Bills C-38 and C-45 suggest that the minister is giving himself a fair amount of power. Do we really want to go in that direction with Canadian legislation? This process could well be used to make the legislation even less transparent and accessible to Canadians.

I do not think that this method should be completely avoided, since it also offers benefits in terms of the effectiveness of the legislation and the streamlining of statutory instruments which are often complex and cumbersome.

The hon. member for Hamilton Mountain gave a number of examples and she mentioned some numbers. I believe it was 30,000 pages of regulations and 13,000 pages of acts in Canada. Amending 30,000 pages of regulations is a very delicate exercise. If we want to ensure that these regulations are constantly up to date, it is going to require painstaking efforts.

In that sense, incorporation by reference may be an interesting option, but we must be able to define it and use it properly. That is why we will not oppose this bill at second reading, since it will be up to the committee to make this interpretation.

That is particularly important, because we have to be careful about possible abuse and we must limit such abuse by establishing clear benchmarks. Based on what we hear from the Standing Senate Committee on Legal and Constitutional Affairs, and the Joint Committee for the Scrutiny of Regulations, that aspect has not yet been taken seriously. The government must listen to the experts and to the opposition when it tries to improve this bill.

We still have some work to do to make this bill acceptable for this side of the House and for all Canadians. I hope that the government will co-operate with us in order to do so. It is in situations such as this that we need to set aside partisanship and work on behalf of the Canadians who elected us to represent them in this chamber.

I would like to come back to some specific examples that I have already mentioned several times, which could affect Canadians. Let us talk about employment insurance legislation, for example, the provisions relating to pilot-projects referred to the unemployment rate. Sometimes it is the national rate but usually, it is the regional rate. A database is needed in order to be able to quantify the rate. A lot of tables are used in the employment insurance regulations but, under this legislation, as things now stand, the minister could apply the regulations and their open incorporation by reference. The minister could also simply refer to tables or statistics from Statistics Canada.

Until just recently, until several months ago, people had to pay to get access to information from Statistics Canada. Unless they worked at a university or in a research facility that provided them with access, people had to pay out of their own pockets to get access to these statistics and data.

If the minister makes regulations in which there is open incorporation by reference to regional unemployment rates that are not accessible to Canadians free of charge, does that constitute reasonable access? Will people have to pay to show that they made a reasonable effort to obtain the information related to the section of the regulations that directly affects them?

Here is another question. How much will people have to pay to show that they made a reasonable effort? Will they have to pay $2.95, $10, $20, $100, $150? Right now, there is no way of knowing because accessibility and reasonable effort are not defined.

We have talked about different laws that can sometimes be linked to extraterritorial legislation or laws that apply outside the country. For example, this could be the case for laws affecting the Scott case, which pertained to a parent who took a child for whom he had joint custody out of the country.

A regulation that would affect legislation on this subject could refer to the laws in the country where that child is located. If the regulation makes an open reference, the person directly affected could have access, could consult the country's legislation to see whether the provisions are compatible with Canada's, and this could help the individual better understand the situation. In this case, the individual would have to access another country's website or legislation, which could be in another language.

This raises some questions. Does this prove accessibility? What kind of reasonable effort does the person have to show that they made to access these documents and this information? Will the person have to contact a foreign-language translator?

It is too vague for us as a party to decide whether we can support the bill. However, we think it is possible that closed—and even open—incorporation by reference helps improve accessibility.

Accessibility is at the heart of all of this. Notions such as reasonable effort must be better defined. We encourage the government to work with the official opposition and to work with all members of Parliament to ensure that we protect Canadians on this issue that affects them all. At the end of the day, we do not want them to end up in trouble or in a dangerous situation, in which they could end up being found guilty because they ignored the law or violated a specific regulation that they could not have reasonably had access to.

Ignorance of the law is no excuse, but it is difficult not to ignore a law if we do not know what the law is about.

I urge the government to define these very important notions. It is important to better define the elements in this bill. That is the message I want to send to the committee that will be examining this Senate bill.

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, those are very good points. The analogy to what happened with the budget bill, especially Bill C-38, with 70-odd pieces of legislation incorporated into a much broader bill, what we called an omnibus bill at the time, is part of the same fabric, the same problem, which is a lack of concern for parliamentary scrutiny. It may happen because Parliament cannot hope to actually look at everything that went on in Bill C-38 in any way resembling a responsible fashion because it was all being piled in within a short timeframe and the wrong committees are looking at it in a highly dubious process. It also may be because we are incorporating by reference materials and the joint committee has a hard time figuring out how they fit exactly into the picture and whether they are appropriate. However, we are looking at something resembling the same issue.

I will end by saying that incorporation by reference, generally, really needs better rules and regulations about it than simply dealing with the problem of open incorporation by reference, for the same reasons given by my colleague.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I would not mind picking up on that.

The leader of the Green Party made reference to Bill C-38, and we could talk about the two budget bills that were introduced last year. Because of their size the thought back then was that the government was taking serious legislation, incorporating it into budget bills and then passing them, thereby avoiding due diligence in terms of what we should be doing.

I cannot help but think of that in terms of the bill that we have here today. Most people might see it as somewhat of a boring bill. However, it is a very important bill. It ensures that there is accountability. One of the primary roles that we have within the House of Commons is to pass the laws of the land, and a regulation is a law.

Could the member provide some comment in terms of what would appear to be a lack of respect from the government benches toward opposition or all parliamentarians of all political parties, not only today but going into the future, through the actions that are being taken?

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, I was not aware that when we voted on Bill C-38 that there was yet another problematic feature.

There is something in Bill S-12 that adds to that problem. There is a prohibition on incorporating by reference regulation materials from a minister who is making the regulations, or by any department or agency that he oversees. There is absolutely no prohibition on one minister turning to materials or documents from elsewhere in the government, another department or agency he or she has nothing to do with, and incorporating that by reference, even if those materials have not gone through the regulation process. That is quite a back door and it appears in this statute.

To add to what the member for Saanich—Gulf Islands has said, we really have to begin to understand how we are becoming hollowed out as a democracy when the executive is given that kind of authority.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I am pleased to rise to join the debate on Bill S-12. I thank the hon. member for Toronto—Danforth and I say, in a non-partisan way because he does not belong to my party, that we are clearly fortunate in the House to have someone of his calibre, with experience teaching in law schools, who can bring to the House an assessment of something that may appear dry but which really cuts to the heart of dangerous changes to Westminster parliamentary democracy. In this place there is increasing power in the hands of the Prime Minister's Office and decreasing respect for Parliament as an institution and for our regulation-making authorities. The bill represents a threat because it becomes increasingly difficult to know if regulations are being made.

I also have this one concern. We accepted changes to pharmaceutical drug regulations in Bill C-38, which stated that pharmaceutical drugs were no longer added by regulation but could just be added by Health Canada through a list process, not through the Canada Gazette and not through routine regulations. We have to protect some of the more boring aspects of making laws in this place to protect the rights of Canadians.

Enhancing Royal Canadian Mounted Police Accountability Act

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, today I rise in the House to lend my voice to the debate on Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts. I would especially like to focus my comments on one of the issues raised in conjunction with the debate on this bill, namely women’s place in Canadian society in 2013.

A few years ago, several commissions were struck and some reports were released here in Canada and elsewhere around the world. The goal was to give women a bigger role in society. Four principles were embraced: providing equal opportunities, removing the barriers preventing women from entering the labour force, ensuring that the costs associated with having a family are shared by society as a whole, and taking concrete steps to facilitate and achieve the goal of equality.

It is interesting to note that in Canadian society in 2013, we are still talking about equality for women. It is a shame. In point of fact, over the last decade or so, women have actually lost ground in terms of achieving equality with men. We take this equality for granted today. We tell ourselves that there is no problem, that everyone is equal.

Yet, statistics show that today, women still earn on average less than half of what men earn. Furthermore, they are losing ground in various parts of Canada, especially if we look at the jobs in certain industries that are not easily accessible to women, the reason being that barriers to equal access to employment are still in place. Conditions in the workforce are such that women are penalized or forced into uncomfortable or unhealthy situations that are distressing.

In many industries, very few women have access to the jobs that are available, whether it be the natural resources sector or some other industry. Jobs in these sectors are well-paid, but conditions are such that women do not feel safe and able to thrive and be a productive member of society and, above all, to earn a wage comparable to that of men who work alongside them.

For years now, there have been serious problems within the RCMP, one of Canada’s most important symbols. Women who opt to work for the force cannot thrive and feel safe there and, if problems do arise, they do not have access to mechanisms that would help make their workplace acceptable.

We can all agree that this is not just for women, and that this bill addresses other forms of abuse that occur in the workplace.

There have recently been serious cases of sexual harassment. Women in the RCMP have spoken out. Standing up and reporting sexual harassment takes tremendous courage. The individuals who come forward and report the situation become the voices of other co-workers who did not feel they were able to do it.

The situation is quite serious. But there are ways to remedy the situation. There have been studies of this done for a very long time. Bill C-38 was introduced in the 40th parliament, but it died on the order paper, as we know. And now we have Bill C-42.

When a bill is introduced in the House, we have an opportunity to debate it, when a time limit is not imposed, obviously. We have an opportunity to exchange ideas and see how we could improve it and how we would go about doing that.

We have another truly excellent tool that the Canadian public is not very familiar with: committees. In a committee, we can again explore bills and improve them even more.

When I arrived in the House of Commons, I found committee work very interesting. It also takes us outside the House of Commons and gives us a chance to work together to improve bills.

What is even more valuable is the fact that we have a chance to invite witnesses from outside the House. These people are non-partisan and are simply there for the cause, to improve a bill, to explore a question that has been raised, to participate in a study, and so on.

After hearing testimony, the various members of the committee will put forward amendments, recommendations and ways of improving the bill.

In the case of Bill C-42, it is unfortunate that in spite of the work done by my colleague, the critic and member for Alfred-Pellan, who is the deputy critic, none of the amendments were accepted, even though they were supported by witnesses and experts. That is troubling.

In Parliament, we have mechanisms that enable us to fine-tune bills. They are not based solely on ideology. We have a chance to debate bills and make improvements to them.

When we heard the testimony of experts and witnesses in committee, it was obvious that the bill was flawed.

This can happen when people are in a hurry to do the right thing. Nevertheless, there was Bill C-38 and there was C-42. One would have thought that the government could have corrected these shortcomings. There was a realization, however, that there were shortcomings, and that the bill would not achieve the stated purpose: better machinery within the RCMP, so that a healthy work environment could be established whereby all members of the force, regardless of rank or responsibility, could express their grievances and obtain a hearing.

For example, some amendments targeted prevention. There was a desire to inform people about sexual harassment, and the ways in which it manifests itself, in order to create an environment in which respect would inform the values of RCMP members and their behaviour towards each other, with no issues arising between women and men, or among colleagues. In that sense, training seemed to me to make perfect sense.

In any workplace, it is always important to have access to an independent mechanism outside the organization, particularly when serious problems arise. It was proposed to put in place such a mechanism so that people from outside could hear the grievances of individual members, and make recommendations accordingly.

It is rather like what I was saying just now about committee work. Members are deeply involved in their work. Here on Parliament Hill, we often feel like we are in a bubble. I have to say that in committee work, what is always very interesting is to hear people from outside testify and let us have their point of view on a given situation. This independent committee will have to include people who have experience in this type of assessment.

Other recommendations and amendments were designed to produce more balanced human resources policies by withdrawing some of the draconian new powers proposed for the RCMP commissioner, and strengthening the RCMP External Review Committee in cases in which discharge from the force is possible. It is always important to have a division of powers. If too many powers are placed in the hands of one person, there is a risk of abuse.

The situation within the RCMP concerns me, but I am also concerned to see that in other workplaces, women do not have an opportunity to contribute fully to society, particularly in some areas of activity.

I would like to offer a thought as we discuss Bill C-42. As a society, we will have to remember these commitments to equality between men and women. We must think again about better ways of doing things, specifically in order finally to eliminate barriers so that all women have an opportunity for full access to the workplace, whatever the area of activity may be.

We, as a society, must also recognize our responsibility with respect to the important role women play in building a family, and help them perform the tasks that come with that role. I want to remind the House that there has been a real step backward on this matter over the past decade. In some parts of Canada, women cannot participate fully in the economy, because they do not have access to certain types of employment that would provide them with better economic conditions. They cannot get beyond the barriers that prevent them from getting those jobs.

In the matter before us, I repeat that we must create good working environments, especially in traditional workplaces. I said the RCMP is a symbol of Canada and that it is over 125 years old. Traditionally, the RCMP was almost exclusively a male preserve. I believe women have a considerable contribution to make within the RCMP and in other spheres of activity. In order for them to make this contribution, it is very important for us to rethink the way the RCMP operates and, together, come up with some sustainable solutions.

I am also basing my remarks in this House on the many recommendations and reports that have been presented since 2006. Hon. members will remember that we have been under Conservative rule for quite some time now. Recommendations were made by Justice O'Connor in 2006 and David Brown in 2007. It is now 2013 and the bill before us is not yet perfect, as we have heard. The Liberals admit it, and the government has said so, too. This has been going on too long.

We must make sure we have something that will last and will ensure that RCMP members and employees have access to a fair and equitable process. Even some members of the RCMP are worried that the bill may decrease members' job security, especially in jobs related to the exposure of harassment complaints.

In conclusion, I will say that the NDP believes we can do more to find answers to these questions. We believe that the RCMP needs a clear anti-harassment policy, one that sets out precise standards of conduct and precise criteria for all employee performance assessments. Such a policy is a necessary foundation for a fair disciplinary process.

I would like to add that bills have an important effect on Canadian society, because they demonstrate the government's orientation and commitment toward certain situations that Canadians think are unacceptable.

That is why I am disappointed that the government members did not accept the NDP's offer of co-operation through its amendments, and that they do not want to talk about the status or situation of women in certain workplaces.

I will stop there. I await the House's questions with impatience and some trepidation.

Opposition Motion—Parliamentary Budget Officer

[Anne Minh-Thu Quach, NDP, Beauharnois—Salaberry, QC]

Mr. Speaker, I would like to thank the hon. member for Parkdale—High Park for moving this very important motion today.

Like many of the world's democratic countries, in 2008, Canada created an entity to ensure government accountability, in the form of the Office of the Parliamentary Budget Officer. This office, which was created by the Conservatives with the support of all parties, also ensures that parliamentarians are given accurate information about public finances.

The NDP is committed to ensuring that public funds are managed properly and is of the opinion that Canada needs a strong and independent Parliamentary Budget Officer. That is why it is imperative that hon. members support the motion moved by my colleague from Parkdale—High Park, which states:

That this House: (a) reaffirm the essential role of the Parliamentary Budget Officer in providing independent analysis to Parliamentarians on the state of the nation's finances, trends in the Canadian economy, and the estimates process; and (b) call on the government to: (i) extend the mandate of current Parliamentary Budget Officer Kevin Page until his replacement is named; and (ii) support legislation to make the Parliamentary Budget Officer a full, independent officer of Parliament.

Passed in 2006 and supported by all parties, Bill C-2, the Federal Accountability Act, provides for the creation of the position of Parliamentary Budget Officer, whose role is to provide MPs and parliamentary committees with objective analyses concerning the state of the nation’s finances, trends in the national economy, and the financial cost of proposals under consideration by either House.

Under this legislation, the Parliamentary Budget Officer is also responsible for conducting research on the country's economy and finances, as well as on the government's estimates. On March 14, 2008, the Leader of the Government in the House of Commons announced that Kevin Page would be the first person appointed to the position of Parliamentary Budget Officer of Canada for a term of five years. In my opinion, Mr. Page has done a remarkable job of fulfilling the mandate he was given with a team of only 14 people. In the United States, the team is made up of 200 people.

He shed light on some outrageous inaccuracies in government information presented to parliamentarians and Canadians, such as the real cost of the F-35s and the sustainability of the guaranteed income supplement and old age security programs. Mr. Page also proved that Canadians trusted him to carry out his duties and to inform the public about the state of the economy and the manner in which public funds are spent.

Over the course of his brief mandate, the Parliamentary Budget Officer has released over 150 analysis reports, with a budget of only $2.8 million. These reports include a few key reports that helped shed light on important financial details that were nowhere to be found in the government's publications.

One of these key reports was An Estimate of the Fiscal Impact of Canada’s Proposed Acquisition of the F-35 Lightning II Joint Strike Fighter. This report revealed that no competitive bid process was held for the F-35s, and that acquiring these jets would not cost $16 billion U.S., but $29.3 billion U.S., nearly double the amount the Conservatives had announced. That is very shameful.

In 2012, the Parliamentary Budget Officer also released a report on old age security, in which he showed that the old age security system was perfectly sustainable, as our NDP colleagues have said time and again. This conclusion was echoed by the Office of the Superintendent of Financial Institutions, which proved that there was no financial basis for the Conservative government's decision to increase the age of eligibility for old age security from 65 to 67.

In addition to these sporadic reports, the Parliamentary Budget Officer submits periodic reports to Parliament on the country's long-term financial viability. This is an important type of study that helps ensure that young Canadians, like me and other members in the House, do not inherit an economic mess.

The Parliamentary Budget Officer also pointed out that the Department of Finance was unable to specify the intergenerational impact of the budgetary changes, and God knows there have been many budgetary changes here, for example in Bill C-38 and Bill C-45. That is rather worrisome, since another budget will be tabled, and we have no idea what to expect.

These reports are just a few examples of the outstanding work that the Parliamentary Budget Officer and his team have done since the start of his term. In order to reinforce the exceptional work that he has done, we want to ensure that the Office of the Parliamentary Budget Officer can continue its work uninterrupted.

To that end, we want to see Kevin Page's term extended until a replacement is found. We believe that interrupting his term could severely impact the government's obligation to be accountable. This obligation is all the more crucial given that the government will soon be tabling its annual budget.

For the sake of accountability, it is also crucial that parliamentarians continue to benefit from the financial expertise of the Parliamentary Budget Officer. Under no circumstances can we support the elimination of this office. Can the Conservative government confirm in this House that the PBO will be replaced by the end of his term? If not, can the Conservative government assure us that Mr. Page's term will be extended? I have my doubts, because the Conservatives, it seems, have plenty to hide.

This motion also seeks the government's support for legislation to make the Parliamentary Budget Officer a full, independent officer of Parliament. The Conservatives have repeatedly attacked Mr. Page because he has constantly pointed out their fiscal mismanagement in various areas. This should come as no surprise, though, given that the Conservatives attack anyone who dares disagree with them.

For example, the Conservatives got rid of the National Round Table on the Environment and the Economy because its reports and recommendations were inconsistent with the government's objectives. It was a purely partisan decision, one that was incompetent and irresponsible.

These constant political attacks indicate the need for a strong, independent Parliamentary Budget Officer. The NDP also wants the selection process for the new PBO to be open and transparent. It may be difficult for the Conservatives to be transparent, but we can always hope.

Many Canadians are worried that the government will not fill the position or will appoint someone who is unable, or unwilling, to do the work as clearly, concisely and independently as Mr. Page has done.

It is therefore imperative to remove any ambiguity and inconsistency regarding this position, which is provided for in the Federal Accountability Act. In fact, according to David Good, a professor at the University of Victoria, the confusion resulting from legislation serves only to:

...increase partisanship and the scoring of political points rather than channelling substantive information to elevate the level of debate to assist parliamentarians in the scrutiny of the budget and the estimates.

As a member of the Library of Parliament staff, the Parliamentary Budget Officer does not have the same independence as officers of Parliament. As my colleague said earlier, the Conservatives have sometimes asked the PBO not to table certain reports, which meant that the information in question was not available to parliamentarians—we, the MPs—or to the general public.

Making the PBO an officer of Parliament would give Parliament access to an independent research capacity, thereby improving its access to important information.

The Conservatives claim that the Parliamentary Budget Officer is impartial, so then why are they opposed to the PBO becoming an independent officer of Parliament?

In closing, I urge all members of this House to vote in favour of the motion moved by the hon. member for Parkdale—High Park because Canada needs a strong and independent Parliamentary Budget Officer who will help to ensure the sound management of public funds.

It is important that taxpayers have confidence in the government and in all members of this House and that we assure them that expenditures and revenues are managed in a fair and responsible manner. Canada needs a Parliamentary Budget Officer who will let the facts speak for themselves so that they are not interpreted in one way or another.

The PBO successfully fulfilled his mandate. All parties supported the creation of the Parliamentary Budget Officer position and, if the current government votes against this motion, it will be admitting that it no longer considers fiscal accountability to be a priority. We in the NDP want transparency.

Opposition Motion—Employment Insurance

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I would like to address the hon. member for Acadie—Bathurst. He was here in the spring when representatives from Prince Edward Island came to our offices and asked to meet with the Prime Minister regarding this famous mammoth bill, Bill C-38, introduced last spring. Those people could foresee what was going to happen. So they wanted to propose some changes to the bill so they would not find themselves stuck in the quagmire that we are all in today, and I say “quagmire” to avoid using unparliamentary language.

I wonder if my colleague could share his thoughts and tell us why it is so important to revisit the famous five week spring gap.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Mr. Speaker, the NDP motion today very clearly calls on the Conservatives to throw their reform in the trash bin. That is what the people are calling for. The motion is calling for the five weeks pilot project to be reinstated, to avoid what is called the “black hole”. These are the two things set out in the NDP motion.

When we say throw the bill in the trash bin, we do not mean to come back with something else. And while we are on the subject—I have been here and I have been talking about employment insurance for a long time—I would like some attention to be paid to the employment insurance program, to seasonal jobs and to our regions. I would like the piecemeal cuts to employment insurance to stop, and I would like the government instead to find a way to make the program work for working people. It is an insurance policy.

In all honesty, it is called an insurance program that employees and employers pay into, but if there were a vote today on whether employers want to pay into the employment insurance fund, the answer would be no.

Employers are happy to profit from employees, but when they are done with them, they want to get rid of them. I say that with all due respect, even though I know it will make some people angry. In its employment insurance reform, the government is offering to allow companies not to pay up to $1,000 in employment insurance for each new employee. The government will even help companies collect $1,000 if they hire a new person, when the purpose of employment insurance is to help workers.

On the subject of Bill C-38, what the NDP is saying is that if the government wanted to make changes to employment insurance and it was just a matter of clarifications, why did it not bring them up at the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities? Why did it not invite industry and workers? Why did it not sit down with those people to address the problem?

When the Liberals made their changes, it started with the Conservatives, in 1988. At that time, the Liberals said that if there were changes to employment insurance it would be disastrous for New Brunswick. I recall the former minister of human resources, who was not the minister at the time, Doug Young, who in 1993 replaced the minister who is still in the House today as the minister for ACOA, saying that was insulting.

The government has said that the NDP is scaring people, but the first thing the minister for ACOA from New Brunswick said was that people still like to get employment insurance so they can go hunting and fishing. That is insulting. It is the worst insult that can be thrown at working people. It means that it is not enough to have seasonal work and cut employment insurance, he is even going to criticize us if we go hunting and fishing. He is insulting people who want the benefit of employment insurance.

We live in regions where work is seasonal. We did not choose the place where we came into this world. That is not a choice. Mr. Speaker, you certainly did not choose the place where you came into this world. The people where I come from, whether on the Acadian Peninsula or in the Acadie—Bathurst region, or in the Gaspé or Nova Scotia or Prince Edward Island, living along the coastlines, did not choose to come into the world in those places, but they did. And that is part of our country. So is the country united or divided?

There was a time when things were not going all that well in Alberta. It was a time when people were poor, but I am happy for them now that things are going better. When I asked the minister responsible for ACOA for assistance for the Bathurst Airport, for renovations and an extension to the runway for our workers who were going to work in the west, the first thing he said was that rather than work to promote economic development in our region, he would prefer to have an airport that would enable people to go and work elsewhere.

On the one hand, the government is saying that there are jobs across Canada and that people should be mobile and prepared to work elsewhere. On the other hand, when we want to help people go and work elsewhere, the government makes it impossible for us to do so. It is cannot even provide northeastern New Brunswick with an airport.

I do not want people to move elsewhere, but it would at least be useful to those who do so, for Canadians and people from our region who want to go.

Last Friday, I watched Le Téléjournal national with Céline Galipeau. I would like to comment on statements made by Toronto journalist Tasha Kheiriddin. I would like to invite her to come and see us. The people back home are not too fond of her at the moment.

What did Tasha say on TV? She said that people from the Atlantic provinces who worked seasonally ought to know that Canada is a country of immigrants and that since immigrants work anywhere, they should go and work out west.

I do not believe that this journalist understood what she was telling the women back home, the mothers who work in fish plants, because it is not just men. In fact most of the people who work in these plants are women. Should they all hop on a plane to work out west because that is where the jobs are, and leave their children at home? People like that are called 20/10s. They go and work for 20 days and return home for 10 days. Those are the kinds of jobs we have back home.

The NDP motion refers to a five-week black hole. What will the government do in March and April when the employment insurance benefits stop?

The journalist said that the Conservatives had created approximately 900,000 jobs. They did not create them where I live. There are no jobs there. Finding work is difficult. That is why a pilot project has been under way in the regions since 2004 for people with seasonal jobs in places like the Gaspé, Nova Scotia, Prince Edward Island and New Brunswick. The five weeks of benefits would see the workers through until the next season.

Paul Robichaud, New Brunswick's Deputy Premier, said that this would hurt the province and employees. He asked the government to backtrack; otherwise the people in question would end up on welfare. However, things can be even worse. If two people who live together work in a fish plant and one is receiving employment insurance benefits or returns to work and the other loses employment insurance benefits, then there is no entitlement to welfare. This will mean total poverty.

And that is why we are asking the minister to consider the harm that the Conservatives are causing to workers. We are asking the Prime Minister to think about what he is doing to our country.

I have already asked in the House what workers have done to the Prime Minister. What have the workers who have built this country done to the Prime Minister to make him hate them so much?

What have they done? They have contributed to an employment insurance fund that belongs to them.

I remember one of the minister's speeches. She said that she wanted Canadians to work 12 months a year. My goodness, if they want people to work 12 months a year, they should invest in our secondary and tertiary processing plants. The government has to help people work. People where I come from are not slackers, nor are they lazy. The Conservatives need to stop investing their money solely in the west. They need to come east.

When we ask for airport repairs, nothing happens. They are in the process of shutting down the rail line between Moncton and Bathurst. All of Atlantic Canada's economic development infrastructure is being shut down. And the Prime Minister is saying that people do not want to work.

ACOA lost $78 million in investment funding. That money could have helped small businesses. But quite the opposite is happening.

Benoît Bouchard, the former Conservative transport minister under Brian Mulroney, said last week on national television that they tried to change employment insurance but that it did not work. The Liberals tried and cut employment insurance benefits, but it did not work. The Conservatives are trying the same thing. They will soon see that it does not work.

Perhaps people were frustrated yesterday to hear me say in the House that the Acadians will not be deported again. But that is how people are feeling. They feel they have to leave home. It is not right that our people should be forced to leave when we have forestry, fishing and tourism industries.

I will finish on that point. Once again, we are asking the government to listen to the people. It should come see what is happening, scrap this reform and start over.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Mr. Speaker, I have a simple question for my colleague, who is a member of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities and the employment insurance critic.

The government brought in Bill C-38, an omnibus bill, but it was never debated. In a democracy, if the government wants to reform employment insurance, it would usually consult the people, send the bill to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, call the stakeholders concerned to appear before the committee—especially those who pay into the employment insurance fund, that is the workers and employers—and sit down together to try to find solutions to the problem. The workers and employers should be encouraged to participate in this process because the employment insurance system does not belong to the government.

We should not take the “my way or the highway” approach to a bill, but that is how this government went about it.

Would it not have been truly democratic to have sent the bill to committee and propose that a national study be conducted?

The Environment

[Anne Minh-Thu Quach, NDP, Beauharnois—Salaberry, QC]

Mr. Speaker, today's debate about aboriginal rights reminds us that we need to respect the environment. First nations could teach us a lot about that respect. The natural resources we have today are not unlimited. If we blindly exploit them, what will be left for future generations? How will they feed themselves? Will they have access to potable water?

With Bills C-38 and C-45, the government is endangering the quality of the water in our lakes and rivers. The changes to the environmental assessment process are dismantling all of the mechanisms that allowed us to develop projects while ensuring that environmental risks were minimized. The amendments to the Canadian Environmental Assessment Act are expediting project approval and depriving the government of insight from subject matter experts. By approving projects that could have serious consequences for the environment, we are saddling future generations with environmental, economic and social debt. What is more, these laws limit the participation of civil society and aboriginals. It is unacceptable that the first peoples of this country, with whom Canada has signed multiple treaties, are not consulted when oil, mining and gas projects are under consideration.

We are already starting to pay for this government's mistakes. Years of inaction on climate change, increasingly lax laws, the clear lack of political will to enforce standards—all of these things have an impact on our lakes and rivers.

For instance, water levels in the St. Lawrence River and the Great Lakes continue to drop. Lake Superior's water level has dropped 34 cm and Lake Huron's has dropped 71 cm. Michigan's governor has taken emergency action. What is the federal government doing? Nothing.

This situation has an impact on navigation, on tourism and on the economy in Quebec and Ontario. In the Arctic, studies have shown that pollution is contaminating the ocean, and therefore fish, seals and all marine mammals. This situation is having a serious impact on Inuit health and the Inuit way of life.

With Bill C-38, the government eliminated the protection of fish and other habitats. With Bill C-45, it did away with the environmental assessment of millions of rivers, not to mention that 95% of our environmental assessment process has disappeared.

What will happen to our fishery after all of our lakes and rivers have been polluted? We are fortunate to live in country that is rich in freshwater resources. Canada has nearly 18% of the world's freshwater supply. Are we really going to spoil it all?

My colleagues and I, and experts as well, have been sounding the alarm for months. In the past few weeks, aboriginal peoples have also expressed their concern. What is it going to take to spur the government to action? People want to be consulted before a project goes ahead, not after.

The UN Declaration on the Rights of Indigenous Peoples stipulates that:

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

Canada should apply the principles of this declaration to all legislation it enacts. My colleague from Abitibi—Baie-James—Nunavik—Eeyou introduced a bill to that effect on Monday in the hope that the government will honour its commitments.

I am therefore asking the government if it intends to protect all of Canada's lakes and rivers.

Opposition Motion—Aboriginal Canadians

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Speaker, over the Christmas holidays our family went to see Les Misérables. It was almost impossible to watch that movie without feeling strongly the parallel situation taking place here in Canada.

In the song Do You Hear the People Sing?, the question is asked:

When the beating of your heart
Echoes the beating of the drums
There is a life about to start
When tomorrow comes!

The drums have been beating strongly in Canada and around the world to draw attention to the greatest social injustice in this country. As a doctor, when I hear the drums I hear a heartbeat. It is the same sixty beats per minute that I heard through a stethoscope years and years ago. The sound is very familiar.

Over these past weeks, it has been very poignant to hear the drums. There was a time we worried that the heartbeat of Chief Theresa Spence was going to stop. I want to thank the Liberal leader for the leadership he gave to that life being saved. I also want everyone to know that the tipping point in the relationship between first nations and the government meant Chief Theresa Spence felt she had to take drastic action. This has to change.

On December 21, January 11, and Monday, as we returned here to Parliament Hill, hundreds of people gathered on the Hill as part of Idle No More, and in solidarity with them, across the country. These protests were about the government's sweeping changes to environmental oversight and to urge real action on aboriginal rights issues.

Again, it has been this feeling:

When the beating of your heart
Echoes the beating of the drums
There is a life about to start
When tomorrow comes!

This is about young people, optimism and how things have to change.

Tomorrow begins today. This motion calls on the government to make the improvement of economic outcomes of first nations, Inuit and Métis a central focus of budget 2013.

I urge the government to support this motion from the hard-working hon. member for Nanaimo—Cowichan.

The government caucus met yesterday. The Prime Minister did not say one word about the issues facing aboriginal people. It has not been a priority for the government. I hope that voting for this motion will be a signal that it will take this issue seriously.

It is time for government members to understand that building human capital is the key factor in improving economic success for aboriginal people and communities, but also for all Canadians. Urgent collaborative action is needed to unlock the human and economic potential in aboriginal communities across this country.

At a time of unprecedented skills shortages, an estimated 400,000 aboriginal Canadians will reach the age to enter the labour market over the next decade. Yet, the significant education gap that exists between Canadian first nations and non-first nations populations high school graduation rates remains a major obstacle to full participation of aboriginal people in the workforce.

Members know that education is the key to success. Appallingly, the high school graduation rate is getting worse under the Conservative government. The Conservatives promised to close the disgraceful education funding gaps. Yet, the Minister of Aboriginal Affairs followed that promise with confrontation and actually denied that the per student funding gap exists at all.

According to the Department of Aboriginal Affairs, the high school graduation rate for first nation students living on reserve is 35%. By comparison, 77% of non-aboriginal people in Canada have a high school diploma. Further, the number of aboriginal post-secondary graduates lags way behind the rest of Canada. For example, fewer than 10% of aboriginal people in Canada have a university degree compared to the national average of 23%.

The Conservatives goal for improving first nations on reserve high school graduation is an 8% increase over the next five years, as our leader pointed out today in question period. They have no targets for increasing first nations post-secondary education enrolment or graduation. As the Auditor General has noted, at the current rate it would take 28 years for first nations communities to close the high school education gap.

We have asked the government to address this gap in the next budget by working with first nations to bring graduation rates up to the national average on an urgent basis. This was the 10 year target of the Kelowna accord and should be our goal moving forward. Yet, after seven years we have seen zero progress on this from the Conservative government. Talking points cannot change the facts. Idle No More means talking points no more. We actually need action and the truth.

The Centre for the Study of Living Standards has noted that raising educational and labour market outcomes for aboriginal Canadians to the same level as non-aboriginal Canadians would increase the GDP by $36 billion, increase government revenues by $3.5 billion, and reduce government expenditures by $14.2 billion, by 2026.

As the Senate reported in its 2007 study on aboriginal economic development, there is a need to strengthen investments in aboriginal governing capacities that support economic success. However, the government has opted to make significant cuts to aboriginal governing capacities as part of the 2012 budget reductions. Even resources that directly contribute to economic success for aboriginal people are not above being cut from the government's strategy.

Shockingly, on February 12, 2013, the government plans to close the aboriginal Canada portal website, a single window to first nations, Métis and Inuit online resources for government programs and services. The portal includes links to government and non-governmental sources that pertain to employment and human resources. It links employment opportunities and jobs available for aboriginal job seekers across Canada. Employers can even post the job openings for free. The aboriginal Canada portal does not just provide one-stop shopping for employment; it also provides, at very little cost to taxpayers, essential information on topics ranging from claims and treaties to economic development, business, justice and policing. The closure will make it even more difficult for Canadians to navigate an already complicated federal bureaucracy.

This compilation of information on all matters aboriginal in government, currently maintained with a small expenditure, will now be scattered, making it even more difficult for all Canadians, aboriginal and non-aboriginal alike, to use. One need only look at the statement on the website, which shows all of the places an individual has to now go to find the information that was once there in one-stop shopping.

Clearly one cannot even think about economic development when people are living in third world conditions. The first nations, Inuit and Métis education gap has been widening, as we have said, in terms of both funding and outcomes. Housing shortages are becoming more acute. Water and waste water systems are in crisis, and tragic gaps in terms of first nations health outcomes are continuing unabated.

The Conservatives defend their refusal to deal with the on-reserve housing crisis by claiming they have built 10,000 homes over the past six years. The fact is that they are trying to take credit for falling short of what should have been 13,800 homes built under funding levels predating their government.The government also defends its appalling record on first nations water and waste water by noting that it conducted the largest assessment of safe waste water in this country so we can move forward with prioritization. Yet, almost two years after the federal assessment, 117 first nations communities across Canada are under drinking water advisories, which is an increase of over 23% since 2006. The government has no long-term plan to get a handle on this crisis.

The government study showed it would take $6 billion, over 10 years, to fix this problem. Right now, there is $1.2 billion in investment that is urgently needed. What did we see? We saw $330 million in the last budget, and then the minister had the audacity to re-announce that $330 million the day after the supposedly important January 11 meeting. Talk about hypocrisy. That is insulting.

What more is there? Too many resource development projects are moving forward without aboriginal people receiving a fair share of the economic benefits or being partners in their development.

This motion also calls on the government to commit to action on treaty implementation and to engage in full and meaningful consultation on legislation that affects the rights of aboriginal Canadians, as required by domestic law.

The Conservatives signed the UN Declaration on the Rights of Indigenous Peoples, which requires free, prior and informed consent, and then in every piece of correspondence they refer to that pledge as “aspirational”. This was the whole basis of the Crown–first nations gathering in January 2012, where they stated that they would commit to work toward the 250th anniversary of the Royal Proclamation. Absolutely no work has been done with the provinces to honour those treaties or to ensure that first nations are able to share in the prosperity that is Canada.

The failure of the government to even begin to deal with the imperative of sharing Canada's natural resource revenues fairly has resulted in relations with Canada's indigenous population reaching a dangerous tipping point. First nations are pursuing their rights and winning almost every time in the courts, as the leader pointed out in a recent speech. Thousands of aboriginal and non-aboriginal people are demonstrating, as we are seeing, across Canada through Idle No More and online. Almost every resource development activity in Canada, the Conservatives need to remind themselves, that is currently operating or planned is occurring within 200 kilometres of a first nation community or on traditional lands. Despite this, the settling of comprehensive claims agreements between aboriginal people and the government, which address the critical issues surrounding economic development including resource royalties sharing, has proceeded at an astonishingly slow pace.

The Canadian Council of Chief Executives has said that aboriginal people must be true partners in resource and energy projects. Yet the President of the Treasury Board alienated first nations by dismissing their calls for a joint review panel on the Ring of Fire resource development, arguing it would only bring up “irrelevant issues”. Even the Prime Minister's own former senior cabinet minister, Jim Prentice, has chastised the government, saying, “The Crown obligation to engage first nations in a meaningful way has yet to be taken up”.

The number of comprehensive claims settled by the government has fallen steadily since 2005, despite the promise from the Conservatives to revolutionize the land claims process in 2007. As of today, more than half of the nearly 100 agreements under negotiation have been ongoing for at least 16 years. These delays are often the result of the government's negotiation strategy, which embraces a take it or leave it approach rather than flexibility and fairness, and it is quite clear that the negotiators do not have the mandate to compromise.

The frustration of aboriginal people is understandable, given the complete lack of progress on their issues and the refusal of the government to fulfill its legal obligation to consult them on matters that may impact their inherent and/or treaty rights and the fact that we find in government documents that the Conservatives actually see first nations, Inuit and Métis in this country as adversaries.

More recently, that frustration has manifested itself in the failure of consultation about the changes to environmental protection on aboriginal lands and navigable waterways contained in the two latest budget implementation acts.

This type of unilateral action has created a fracture in the relationship between the Conservative government and first nations. It has led to the formation of Idle No More, which precipitated the hastily organized January 11 meeting between the Prime Minister and aboriginal leaders. The fact that coming out of that meeting the Minister of Aboriginal Affairs and Northern Development indicated his belief the government had fulfilled its duty to consult on various controversial bills shows that the Conservatives still do not seem to grasp what true consultation means. There was no consultation with aboriginal people on Bill C-38 or Bill C-45. The minister admitted in committee that there had been no consultation on the aboriginal governance bill. There was consultation on the private member's bill but no consultation on the government bill and even the chief, previously supportive, viewed it as a kind of bait and switch opportunity.

We believe the government should work with aboriginal leaders to establish an arm's length legal advisory committee that would evaluate all draft legislation with the potential to affect aboriginal rights and provide an opinion on the federal government's duty to consult before the legislation is tabled. Given that the aboriginal population is the youngest and fastest growing in Canada and that almost every natural resource development is occurring on aboriginal territorial lands, we believe that if the government truly wants to put all its economic eggs in a natural resources basket, it had better just get with the program and turn this around.

The Prime Minister must understand the gravity of the situation and the potential impact on all Canadians. It is time for action. It is time for the government to work with aboriginal people in Canada toward a new nation-to-nation relationship based on the spirit of partnership, respect and the co-operation for mutual benefit that characterized our original relationship. We are all treaty people. There were two signatories to the document. The 96% of Canadians not from aboriginal backgrounds need to understand the gravity of the situation, and we need to go forward in the House and make sure that happens.

Idle No More will not go away. The young people can see what needs to be done to right past wrongs and to deal with the greatest social and economic injustice facing Canada.

In the week before Christmas I was at the native men's shelter in my riding. It was quite clear. These young men, who had been homeless the week before, were asking me what an omnibus bill is and if it affects their treaty rights. The next night in North Bay, at the Idle No More teach-in with the member from North Bay, we could not believe it. There were a hundred people in the friendship centre going through the PowerPoint presentation of every bill that has affected them that has not had consultation. They are now armed with information and they are ready to fight.

It is really important that we understand that this is difficult. However, the government ignores it at its peril. I ask the government: Can it hear the people sing? When the beating of their hearts echoes the beating of the drums, there is a life about to start when tomorrow comes. That tomorrow is today, right now. The government could show some decent faith by voting for this motion.

[Greg Rickford, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I am honoured to speak to this motion, tabled by the hon. member for Nanaimo—Cowichan. I appreciate the working relationship that we have on the standing committee.

Our government's number one focus is on creating jobs, economic growth and long-term prosperity for all Canadians, aboriginal and non-aboriginal alike. We are seeing the results of this work. As the Prime Minister said yesterday, the global economy remains fragile but Canada has produced more than 900,000 net new jobs in recent years. This is no small feat in the current economic climate.

As we move forward in 2013, our focus remains the economy. We know that in continuing to develop, provide our children with access to good education, train for the job skills of tomorrow, reduce red tape and equip our businesses to succeed worldwide, this includes expanding opportunities for aboriginal peoples to fully participate in the economy. We know there are tremendous opportunities to promote and encourage greater aboriginal participation in the economy and we remain committed to working with willing partners to do exactly that. We are focused on removing barriers to economic development on reserve, helping aboriginal people develop the skills they need to enter the workforce and providing first nation communities and the regions they are located in with greater autonomy to manage their own land and resources.

We can all agree that increasing aboriginal participation in the economy is one of the most effective ways to improve the well-being and quality of life of aboriginal peoples in Canada. It is also vital to Canada's future economic prosperity.

Since the economic action plan was implemented in response to the global economic crisis, Canada has recovered almost all of the output and jobs lost during the recession. The number of jobs has gone up by more than 750,000 since July 2009, and it is now 260,000 higher than the peak reached before the recession, which represents the highest job growth among the G7 countries. These figures are very reassuring to Canadians, in light of the continuing economic uncertainty around the world.

Key to our economic strength is the continued participation of aboriginal peoples in the economy. The natural resource sector is an important case in point. Canada's natural resource sector employs close to 800,000 Canadians. The mining sector is the largest private employer of aboriginal people, who make up some 7.5% of its workforce. Aboriginal people represent 4.3% of the energy sector's workforce and 10% of the oil sands' workforce. The resource sectors also generate billions of dollars' worth of tax royalties and revenues annually to help pay for government programs and services.

Our resource strength is set to continue to expand well into the future. We currently estimate that over the next decade there will potentially be as many as 600 new projects, representing more than $650 billion in investments, across the country in resource development. Some of these will be taking place in northwestern Ontario in the great Kenora riding. These projects will create jobs across our region and throughout Canada and will continue to substantially improve our country's economic prosperity. In fact, the numbers continue to climb as new opportunities are identified.

Resource development is vitally important to aboriginal communities across Canada. Take, for example, Fort McKay First Nation in Alberta. It has the largest business relationship with oil sands producers of any first nation community. Fort McKay has gone from having a single janitorial contract in 1986 to running corporations with reported earnings in 2008 of over $120 million. Unemployment in the community is under 5%. It has a youth centre, a health clinic, and a new housing complex with a hundred homes rented to community members.

Prior to the development of diamond mines in the Northwest Territories, the Tlicho First Nation had small, local businesses in traditional pursuits. Today, it has far more diversified economic activity ranging from retailing to multi-million dollar mining service companies.

There are many more examples of our government partnering with aboriginal communities on resource development projects through the aboriginal business development program. The Kitsaki mining limited partnership is a $3 million commercial mining extraction equipment project for use in the operations of the open-pit and underground La Ronge gold mine project of Golden Band Resources in Saskatchewan. Our government contributed $1.1 million to this project.

Just last week, the minister was in British Columbia to announce new regulations under the First Nations Commercial and Industrial Development Act that would allow for the Kitimat LNG liquefied natural gas facility on the Haisla First Nation's Bees Indian Reserve No. 6 to move forward. This natural gas facility will provide Canada's energy producers with a doorway to overseas markets, in addition to creating well-paying skilled jobs and economic opportunities for the Haisla First Nation and the entire northwestern region of British Columbia.

These economic development projects obviously have economic spinoffs for all sectors of the Canadian economy, and especially for first nations communities. That is why it is important for Canada to do what is necessary to attract international investments in the provinces and territories. This includes regulatory reform north and south of the 60th parallel.

Regulatory processes that are simplified and clearly laid out will give businesses the confidence they need to take advantage of economic opportunities and maximize the use of the resource sector to create jobs for Canadians across Canada, including aboriginal peoples, while still protecting the environment.

In 2009, the government fundamentally changed the way it does business with aboriginal peoples. Instead of promoting economic development using an outdated, ad hoc approach that we had seen used by prior governments, we are focused on forging strategic partnerships with willing partners and developing innovative ways to overcome the traditional structural barriers to economic opportunity in aboriginal communities.

This includes growing private sector partnerships and investment; strengthening aboriginal entrepreneurship; having small business centres on reserves, including isolated and remote first nation communities; developing the aboriginal labour force through skills and trade investments in HRSDC; and enhancing the value of aboriginal assets.

Through this approach, our government is working with its partners to ensure that aboriginal peoples benefit from the same job, income and wealth creation opportunities as other Canadians.

On average, we have created or contributed over $45 million annually to support aboriginal business development, aboriginal participation in large-scale energy and resource development projects and improved access to capital for aboriginal business development opportunities.

We are also working with aboriginal peoples to remove the structural barriers that are holding them back from fully participating in the economy. For example, just this past month the Minister of Aboriginal Affairs and Northern Development announced that eight more first nations will soon be operating or developing their land codes under the First Nations Land Management Act. These eight first nations joined the 18 first nations that were added last January, bringing the total number of first nations benefiting from this regime to 69 first nation communities. This regime gives first nations freedom from the 34 land-related sections under the Indian Act, and provides them with greater autonomy by taking the minister out of the equation and giving them back control over their reserve lands and its resources. More specifically, first nations can now determine how they want to develop, protect, and use their own land on reserve.

The benefits of this regime are clear. First nations operating with their own land codes are successfully taking advantage of more and more economic development opportunities because they are able to operate at the speed of business. Imagine that.

For example, Whitecap Dakota First Nation in Saskatchewan has been operating under the First Nations Land Management Act since 2004. Since that time, over 700 jobs have been created in the community and currently generate approximately $90 million in revenue annually. It is incredible.

Last spring, Bill C-38 amended the FNLMA to enable first nations operating under the act to further unlock the economic development potential of their reserve lands. These amendments simplified the process of developing their own land codes, further removing the legislative barriers that were preventing or delaying first nations from taking full advantage of the benefits of assuming full responsibility for their lands under FNLMA.

More recently, as part of Bill C-45, the Jobs and Growth Act, 2012, our government introduced amendments to the land designation provisions of the Indian Act that will allow first nations to more quickly pursue economic development opportunities through leasing portions of the reserve land while retaining full ownership of their lands. These amendments respond to many first nations who have expressed frustration at the cumbersome and time-consuming process that existed previously and which had negatively impacted their ability to attract and retain investors at the speed of business.

Unfortunately, there has been a lot of misinformation spread in the media and in the first nation communities as to what these amendments involve. I want to reiterate that these amendments have nothing to do with land surrender. They have to do with the leasing of land for economic development purposes through a decision-making process that takes place in first nation communities by their citizens and their government. It really is as simple as that.

Our government is working with our aboriginal partners as well as with the provincial and territorial governments and the private sector to increase aboriginal participation in key sectors of the Canadian economy.

For example, in 2010, we launched the strategic partnerships initiative, which helps aboriginal Canadians take advantage of complex, market-driven opportunities for resource development, particularly in priority economic sectors such as forestry, fisheries, mining, energy and agriculture.

To this day the initiative has supported more than 60 aboriginal communities and some of the largest resource development opportunities across Canada, including the Ring of Fire in northern Ontario and the lower Churchill energy project in Atlantic Canada.

However, we are not only focused on resource projects south of 60. We also know that Canada's north is home to world-class natural resources, representing tremendous economic potential.

During his trip to the north this past August, the Prime Minister stated that our government is committed to ensuring that northerners benefit from the tremendous reserves of natural resource found in their region. For the benefits to flow, it is necessary to get resource projects up and running in an effective, responsible and sustainable way, to put agreements in place with territorial governments and first nations to ensure that revenues generated by these initiatives are to their direct benefit and stay where they belong, up in the north.

To this end, our government has taken significant steps to reduce red tape and streamline regulatory requirements in the north. We introduced Bill C-47, the northern jobs and growth act, in the House of Commons on November 6, 2012. This bill is currently before committee and if passed into law will increase certainty and help create a better climate for private sector investment and development across the territories. The bill includes the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act. It also includes amendments related to the Yukon Surface Rights Board Act.

These measures fulfill outstanding legislative obligations under the Nunavut land claim agreement, as well as the Gwich'in and Sahtu land claim agreements. They also respond to calls from aboriginal groups, government and the private sector for improvements to regulatory processes in the north.

Improving the regulatory regimes for the abundant natural resources in the north could help Canada prosper and could create billions of jobs for decades. The meaningful action we are taking in the Northern Jobs and Growth Act will help release this potential.

Our government will continue to develop Canada's abundant natural resources to benefit Canadians, including aboriginal peoples. We have a vision of a future in which the aboriginal peoples are autonomous and prosperous, manage their own activities and make a significant contribution to the well-being of the entire country.

Our government continues to take concrete steps to build the conditions necessary for aboriginal communities to participate more fully in Canada's economy.

In closing, we remain committed to working with willing partners to improve the long-term prosperity, health and sustainability of aboriginal people, their communities and all Canadians.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, what we have is a fundamental difference on how to move forward. The government has invested in some things; there have been some investments in education, housing and infrastructure. However, it is always top-down. If the government were serious about moving forward, it would work in a spirit of true partnership and consultation to bring first nations, Inuit and Métis up to the standard of living that the rest of Canadians expect.

If it is going so well, why have we had the Tsilhqot'in obtain leave to appeal to the Supreme Court on issues around aboriginal rights and title to the land? This is directly tied to economic development because this is a court case that has been going on for, I believe, two decades, with regard to logging in British Columbia. If it is going so well, why have Frog Lake and Mikisew Cree filed a notice of application for judicial review with the Federal Court in Ottawa with regard to Bill C-38 and Bill C-45? It is because they do not feel the government consulted appropriately around developing environmental policies, their implementation, and their impact on first nations communities.

Therefore, there is a fundamental difference about how to proceed here.

Report Stage

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I would like to thank you for the time I have been given.

I would like to take this opportunity to speak out against the direction that is being taken with Bill C-43 and the Conservatives' attitude when this bill was examined in committee.

The Conservatives are incorrectly implying that we have certain motives. We will never support those who commit serious crimes, but we are concerned about this bill, which once again gives the minister more arbitrary power.

I would also like to remind members of the importance of democratic debate. The use of the time allocation motion, which is once again muzzling us, is a shining example of this government's closed-mindedness. The Conservatives have adopted a completely uncompromising attitude, which we also noticed in committee.

The implementation of Bill C-43 will make significant changes to the way newcomers to Canada are treated. It is inconsistent with the Canadian justice system, our country's precepts of compassion and our humanitarian mission. Many of the measures in this bill will have a major impact on the current system.

First, the government is intensifying deportation procedures by limiting the barriers that act as a counterbalance. On one hand, any crime carrying a sentence of over six months in prison will result in automatic deportation. The government is therefore imposing a double penalty because the prison sentence will be combined with deportation. The Conservatives have also introduced a logic whereby people are not allowed to make mistakes. That is a shameful attitude.

On the other hand, Bill C-43 puts an end to appeals in cases involving sentences of over six months, which goes against the principles of our justice system. What the government is telling us is that people are not allowed to make mistakes and that they will be deported. And, under this bill, their families will be deported along with them.

This bill also gives the minister discretionary powers without requiring him to be accountable or transparent. He will now have the authority to declare somebody a threat because of public policy considerations. The minister will be the only counterbalance to himself because of the lack of appeal process, and the concept of public policy considerations is not defined in the Immigration and Refugee Protection Act.

In addition, Bill C-43 indiscriminately lumps all of the consequences for misrepresentation together. As a result, whether the misrepresentation is intentional or not, the individual would be inadmissible for five years.

According to the Canadian Council for Refugees, not only is Bill C-43 inconsistent with the Canadian Charter of Rights and Freedoms, but it also deprives people of fair consideration of their applications. It denies them access to the principle of fairness before the law and to an independent legal process.

Furthermore, the organization is critical of these new measures whereby someone who fought against an undemocratic regime would be prohibited from entering Canada. Would people like Nelson Mandela constitute a threat to Canada's national security? I doubt it.

A number of issues in this bill that we wanted to fix with our amendments are problematic. We pointed them out to the government, and we were backed up by witnesses in committee. We wanted the government to use common sense and look at the potential impact of Bill C-43.

By agreeing to go to committee, our parliamentary wing showed a willingness to be open and to compromise. We wanted to work on improving the bill. What we were asking for was warranted and realistic and would have improved the bill. Unfortunately, the government refused to listen to our suggestions and improve the bill. Instead of being pragmatic, the government insisted on justifying an ideology and regressive measures and on promoting division.

The Conservatives' statements have done everything to paint refugees and permanent residents as dangerous people, potential terrorists or people who come here only to take advantage of the system. These days, anyone who is not a full-scale citizen will not be recognized and will be considered by the Conservatives to be a foreigner with no room for error.

All along, the Conservatives have used extraordinarily rare exceptions to justify their bill, forgetting the majority of applicants, forgetting the people who will be directly affected by Bill C-43. When we expressed concerns about the impact of the bill, the government accused us of being soft on fraudsters.

When a witness stated that because the police in the country engage in racial profiling, Bill C-43 would disproportionately affect visible minorities, the expert was accused of siding with criminals. Our work in committee was constantly marred by these kinds of demagogic and poisonous comments.

This attitude must be brought to light and condemned. We wanted to debate the bill and discuss it. We were proactive and submitted proposals. But the government wanted to advance its political agenda. The Conservative ideology, which is focused on security, is helping create a system that functions by exception. This system will severely limit the fundamental rights of certain categories of immigrants.

We tried to help improve Bill C-43 while it was being studied in committee. We proposed nine reasonable amendments that addressed previous criticisms. Unfortunately, all of the opposition's amendments were flatly rejected.

In keeping with the ethical principles that guide Canadian parliamentarians, we proposed that the minister act transparently and report any decisions made through the use of his new discretionary powers. This request was rejected by the Conservatives. In so doing, the government refused to make the minister accountable to the people. It objected to the idea that the minister should provide details about the discretionary decisions he makes.

In accordance with the overarching legal principles of the Canadian system, we proposed reinstating the right to appeal, which Bill C-43 does away with. The Conservatives rejected our proposal, thereby rejecting a fundamental principle of our justice system: judicial appeal.

The Conservatives seem proud of the fact that the minister will have the power to review cases, but they neglect to mention that, as a result, he will be judge and jury. To limit the scope of Bill C-43, we suggested that the government clarify the notion of public policy considerations, which is not defined in the Immigration and Refugee Protection Act. We wanted to clarify the factors involved in the minister's discretionary decisions. Once again, the Conservatives refused to listen to reason.

Lastly, we wanted to clarify the procedure for interviews requested by the Canadian Security Intelligence Service. We suggested that the government allow individuals to be accompanied during these meetings. The government has done away with the right to legal advice and the presence of a lawyer. We wanted a fairer process for applicants, but the Conservatives rejected our amendment.

In conclusion, our party will not support Bill C-43 because of its impact on the immigration process, the government's unwillingness to consider our amendments and the fact that this measure is at odds with our legal system. Contrary to what the Conservatives would have everyone believe, we do not support criminals. We support immigrants and Canadians. The Conservatives' stubborn determination to go it alone, to decide unilaterally, to avoid debate and discussion, will have consequences. The first of these will be a defective policy whose flaws will soon become clear.

Like Bill C-31 and Bill C-38, Bill C-43 is yet another stain on the Conservatives' immigration record. Once again, the government's actions are out of touch with reality and it is failing to consider the consequences of its actions. Once again, this government has refused to improve its laws in the interests of immigrants and Canadians. Once again, this government has taken a backward approach that conflicts with the interests of Canadians.