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

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 of this enactment implements 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.

Elsewhere

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

Votes

June 18, 2012 Passed That the Bill be now read a third time and do pass.
June 18, 2012 Failed That the motion be amended by deleting all of the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, because this House: a) does not know the full implications of the budget cuts given that the government has kept the details of the $5.2 billion in spending cuts from the Parliamentary Budget Officer whose lawyer, Joseph Magnet, says the government is violating the Federal Accountability Act and should turn the information over to the Parliamentary Budget Officer; b) is concerned with the impact of the changes in the Bill on Canadian society, such as: i) making it more difficult for Canadians to access Employment Insurance (EI) when they need it and forcing them to accept jobs at 70% of what they previously earned or lose their EI; ii) raising the age of eligibility for Old Age Security and the Guaranteed Income Supplement from 65 to 67 years and thus driving thousands of Canadians into poverty while downloading spending to the provinces; iii) cutting back the federal health transfers to the provinces from 2017 on, which will result in a loss of $31 billion to the health care system; and iv) gutting the federal environmental assessment regime and weakening fish habitat protection which will adversely affect Canada's environmental sustainability for generations to come; and c) is opposed to the removal of critical oversight powers of the Auditor General over a dozen agencies and the systematic concentration of powers in the hands of government ministers over agencies such as the National Energy Board, which weakens Canadians' confidence in the work of Parliament, decreases transparency and erodes fundamental democratic institutions by systematically eroding institutional checks and balances to the government's ideologically driven agenda”.
June 13, 2012 Passed That Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be concurred in at report stage.
June 13, 2012 Failed That Bill C-38 be amended by deleting the Schedule.
June 13, 2012 Failed That Bill C-38, in Clause 753, be amended by replacing lines 8 and 9 on page 424 with the following: “force on September 1, 2012.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 711.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 706.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 700.
June 13, 2012 Failed That Bill C-38, in Clause 699, be amended by replacing line 16 on page 401 with the following: “2007, is repealed as of April 30, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 699.
June 13, 2012 Failed That Bill C-38, in Clause 696, be amended by replacing lines 2 and 3 on page 401 with the following: “on September 15, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 685.
June 13, 2012 Failed That Bill C-38, in Clause 684, be amended by replacing lines 6 to 8 on page 396 with the following: “684. This Division comes into force on September 1, 2012.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 661.
June 13, 2012 Failed That Bill C-38, in Clause 681, be amended by replacing lines 32 to 34 on page 394 with the following: “681. This Division comes into force on January 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 656.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 654.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 620.
June 13, 2012 Failed That Bill C-38, in Clause 619, be amended by replacing lines 22 and 23 on page 378 with the following: “608(2) and (3) come into force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 606.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 603.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 602.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 595.
June 13, 2012 Failed That Bill C-38, in Clause 594, be amended by replacing lines 6 and 7 on page 365 with the following: “on April 30, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 578.
June 13, 2012 Failed That Bill C-38, in Clause 577, be amended by replacing lines 18 to 20 on page 361 with the following: “577. This Division comes into force on June 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 532.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 531.
June 13, 2012 Failed That Bill C-38, in Clause 530, be amended by replacing lines 24 and 25 on page 342 with the following: “on January 15, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 526.
June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by deleting lines 6 to 10 on page 341.
June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by replacing lines 6 to 10 on page 341 with the following: “And whereas respect for provincial laws of general application is necessary to ensure the quality of the banking services offered;”
June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by replacing line 33 on page 340 with the following: “Whereas a strong, efficient and publicly accountable banking sector”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 525.
June 13, 2012 Failed That Bill C-38, in Clause 522, be amended by replacing line 2 on page 340 with the following: “possible after the end of each fiscal year but”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 516.
June 13, 2012 Failed That Bill C-38, in Clause 515, be amended by replacing line 28 on page 338 with the following: “September 1, 2013 or, if it is later, on the day on”
June 13, 2012 Failed That Bill C-38, in Clause 508, be amended (a) by replacing line 1 on page 336 with the following: “( b) humanely dispose of that animal or thing or require” (b) by replacing line 3 on page 336 with the following: “care or control of it to humanely dispose of it if, according to expert opinion, treatment under paragraph ( a) is not feasible or is not able to be carried out quickly enough to be effective in eliminating the disease or toxic substance or preventing its spread.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 506.
June 13, 2012 Failed That Bill C-38, in Clause 505, be amended by replacing lines 9 and 10 on page 333 with the following: “on January 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 490.
June 13, 2012 Failed That Bill C-38, in Clause 489, be amended by replacing line 20 on page 329 with the following: “February 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 487.
June 13, 2012 Failed That Bill C-38, in Clause 486, be amended by replacing line 30 on page 328 with the following: “January 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 484.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 481.
June 13, 2012 Failed That Bill C-38, in Clause 480, be amended by replacing line 13 on page 326 with the following: “subsection 23(1) and all criteria and factors considered in reaching a decision or sending notice under that subsection, with the exception of all commercially sensitive information;”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 479.
June 13, 2012 Failed That Bill C-38, in Clause 478, be amended by replacing lines 25 to 27 on page 325 with the following: “478. This Division comes into force on September 15, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 476.
June 13, 2012 Failed That Bill C-38, in Clause 475, be amended by replacing lines 18 and 19 on page 324 with the following: “tion 4.1, including their issuance and their”
June 13, 2012 Failed That Bill C-38, in Clause 474, be amended by replacing line 3 on page 324 with the following: “that he or she considers appropriate for assuring the quality of seeds and seed crops, subject to the conditions set out in subsection (5).”
June 13, 2012 Failed That Bill C-38, in Clause 473, be amended by replacing lines 12 and 13 on page 323 with the following: “tion 4.2, including their issuance and their”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 473.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 468.
June 13, 2012 Failed That Bill C-38, in Clause 467, be amended by replacing lines 3 to 5 on page 322 with the following: “464 and 465, come into force on June 15, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 446.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 445.
June 13, 2012 Failed That Bill C-38, in Clause 444, be amended by replacing lines 1 to 3 on page 306 with the following: “444. This Division comes into force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 441.
June 13, 2012 Failed That Bill C-38, in Clause 440, be amended by replacing lines 21 and 22 on page 305 with the following: “force on January 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 427.
June 13, 2012 Failed That Bill C-38, in Clause 426, be amended by replacing lines 1 to 3 on page 299 with the following: “426. This Division comes into force on May 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 420.
June 13, 2012 Failed That Bill C-38, in Clause 419, be amended by replacing lines 12 and 13 on page 295 with the following: “force on January 1, 2016.”
June 13, 2012 Failed That Bill C-38, in Clause 416, be amended by replacing line 40 on page 292 with the following: “considers appropriate and must be subject to regulatory approval.”
June 13, 2012 Failed That Bill C-38, in Clause 413, be amended by deleting lines 25 and 26 on page 291.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 412.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 411.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 391.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 378.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 377.
June 13, 2012 Failed That Bill C-38, in Clause 374, be amended by replacing lines 31 to 33 on page 280 with the following: “374. This Division comes into force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38, in Clause 368, be amended by adding after line 34 on page 274 the following: “(3) Every officer appointed under this section must conduct every operation, wherever it takes place, in a manner respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 368.
June 13, 2012 Failed That Bill C-38, in Clause 367, be amended by replacing lines 9 and 10 on page 272 with the following: “force on January 1, 2014.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 353.
June 13, 2012 Failed That Bill C-38, in Clause 325, be amended (a) by replacing line 20 on page 244 with the following: “(2) The Minister shall conduct a comprehensive review of the manage-” (b) by replacing line 22 on page 244 with the following: “at least every 10 years, taking into account any feedback received from the public under subsection (2.1), and shall cause any” (c) by adding after line 24 on page 244 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
June 13, 2012 Failed That Bill C-38, in Clause 324, be amended (a) by replacing lines 13 and 14 on page 244 with the following: “(2) The Minister shall conduct a comprehensive review of the management plan for each park at least every 10 years, taking into account any feedback received from the public under subsection (2.1),” (b) by adding after line 16 on page 244 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
June 13, 2012 Failed That Bill C-38, in Clause 319, be amended (a) by replacing line 39 on page 243 with the following: “(2) The Minister shall conduct a comprehensive review of the manage-” (b) by replacing line 41 on page 243 with the following: “protected heritage area at least every 10 years, taking into account any feedback received from the public under subsection (2.1),” (c) by adding after line 43 on page 243 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
June 13, 2012 Failed That Bill C-38, in Clause 318, be amended by adding after line 36 on page 243 the following: “(2) The report referred to in subsection (1) shall include, for the previous calendar year, all information related to any action or enforcement measure taken in accordance with subsection 6(1) under any Act or regulation set out in Part 3 or Part 4 of the Schedule.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 317.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 315.
June 13, 2012 Failed That Bill C-38, in Clause 314, be amended by replacing lines 8 and 9 on page 242 with the following: “on May 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 304.
June 13, 2012 Failed That Bill C-38, in Clause 303, be amended by replacing lines 2 and 3 on page 235 with the following: “on September 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 283.
June 13, 2012 Failed That Bill C-38, in Clause 281, be amended by replacing line 33 on page 226 with the following: “April 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 223.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 219.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 218.
June 13, 2012 Failed That Bill C-38, in Clause 217, be amended by replacing lines 21 to 23 on page 194 with the following: “217. This Division comes into force on April 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 217.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 214.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 209.
June 13, 2012 Failed That Bill C-38, in Clause 175, be amended by replacing line 17 on page 185 with the following: “financial statements of the Council, and the Council shall make the report available for public scrutiny at the offices of the Council.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 170.
June 13, 2012 Failed That Bill C-38, in Clause 163, be amended by replacing line 29 on page 181 with the following: “(6.1) Subject to subsection 73(9), the agreement or permit must set out”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 163.
June 13, 2012 Failed That Bill C-38, in Clause 161, be amended by deleting lines 32 to 39 on page 180.
June 13, 2012 Failed That Bill C-38, in Clause 160, be amended by replacing line 13 on page 180 with the following: “published in the Environmental Registry and in the Canada Gazette; or”
June 13, 2012 Failed That Bill C-38, in Clause 159, be amended by replacing line 25 on page 179 with the following: “mental Registry as well as in the Canada Gazette.”
June 13, 2012 Failed That Bill C-38, in Clause 157, be amended by replacing lines 37 and 38 on page 178 with the following: “and, subject to the regulations, after consulting relevant peer-reviewed science, considering public concerns and taking all appropriate measures to ensure that no ecosystem will be significantly adversely affected, renew it no more than once. (1.1) Before issuing a permit referred to under subsection (1), the Minister shall ensure that the issuance of the permit will not have any adverse effects on critical habitat as it is defined in subsection 2(1) of the Species at Risk Act. ”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 157.
June 13, 2012 Failed That Bill C-38, in Clause 156, be amended by replacing lines 29 and 30 on page 178 with the following: “and 153 come into force on July 1, 2015.”
June 13, 2012 Failed That Bill C-38, in Clause 154, be amended by replacing line 18 on page 177 with the following: “Act may not be commenced later than twenty-five years”
June 13, 2012 Failed That Bill C-38, in Clause 150, be amended by replacing lines 25 to 29 on page 176 with the following: “recommendation of the Minister following consultation with the public and experts or, if they are made for the purposes of and in relation to the subject matters set out in an order made under section 43.2, on the recommendation of the minister designated under that section following consultation with the public and experts.”
June 13, 2012 Failed That Bill C-38, in Clause 149, be amended by replacing line 40 on page 174 with the following: “( i.01) excluding certain fisheries, on the basis of public consultation and expert opinion, from the defini-”
June 13, 2012 Failed That Bill C-38, in Clause 148, be amended by replacing lines 15 to 21 on page 174 with the following: “42.1 (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration and enforcement of the provisions of this Act relating to fish habitat protection and pollution prevention for that year, including for those fisheries of particular commercial or recreational value and any fisheries of cultural or economic value for Aboriginal communities.”
June 13, 2012 Failed That Bill C-38, in Clause 145, be amended by replacing line 8 on page 164 with the following: “enforcement of this Act, provided that, with regard to the designation of any analyst, the analyst has been independently recognized as qualified to be so designated.”
June 13, 2012 Failed That Bill C-38, in Clause 144, be amended by replacing lines 46 and 47 on page 161 with the following: “results or is likely to result in alteration, disruption or serious harm to any fish or fish habitat, including those that are part of a commercial, recreational”
June 13, 2012 Failed That Bill C-38, in Clause 143, be amended by replacing line 17 on page 159 with the following: “made by the Governor in Council under subsection (5) applicable to that”
June 13, 2012 Failed That Bill C-38, in Clause 142, be amended by replacing line 5 on page 158 with the following: “(2) If conducted in accordance with expert advice that is based on an independent analysis so as to ensure the absolute minimum of destruction or disruption of fish populations and fish habitat, a person may carry on a work, under-”
June 13, 2012 Failed That Bill C-38 be amended by adding after line 32 on page 157 the following new clause: “139.1 The Act is amended by adding the following after section 32: 32.1 Every owner or occupier of a water intake, ditch, channel or canal referred to in subsection 30(1) who refuses or neglects to provide and maintain a fish guard, screen, covering or netting in accordance with subsections 30(1) to (3), permits the removal of a fish guard, screen, covering or netting in contravention of subsection 30(3) or refuses or neglects to close a sluice or gate in accordance with subsection 30(4) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding two hundred thousand dollars and, for any subsequent offence, to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both.”
June 13, 2012 Failed That Bill C-38, in Clause 139, be amended by replacing line 3 on page 157 with the following: “32. (1) No person shall kill or harm fish by any”
June 13, 2012 Failed That Bill C-38, in Clause 136, be amended by replacing line 39 on page 154 to line 1 on page 155 with the following: “(2) If, on the basis of expert opinion, the Minister considers it necessary to ensure the free passage of fish or to prevent harm to fish, the owner or person who has the charge, management or control of any water intake, ditch, channel or canal in Canada constructed or adapted for conducting water from any Canadian fisheries waters for irrigating, manufacturing, power generation, domestic or other purposes shall, on the Minister’s request, within the”
June 13, 2012 Failed That Bill C-38, in Clause 135, be amended by replacing line 9 on page 154 with the following: “commercial, recrea-”
June 13, 2012 Failed That Bill C-38, in Clause 134, be amended by replacing line 17 on page 151 with the following: “programs and, if the Minister has determined, on the basis of the features and scope of the programs, that the programs are equivalent in their capabilities to meet and ensure compliance with the provisions of this Act, otherwise harmonizing those”
June 13, 2012 Failed That Bill C-38, in Clause 133, be amended by replacing line 8 on page 150 with the following: “thing impeding the free”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 132.
June 13, 2012 Failed That Bill C-38, in Clause 131, be amended by replacing lines 35 and 36 on page 149 with the following: “force on August 1, 2015.”
June 13, 2012 Failed That Bill C-38, in Clause 124, be amended by replacing line 24 on page 141 with the following: “replace a licence after consulting the public, expert opinion and peer-reviewed scientific evidence, or decide whether it is in the public interest to authorize its transfer, on”
June 13, 2012 Failed That Bill C-38, in Clause 123, be amended by replacing line 18 on page 141 with the following: “seven months.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 122.
June 13, 2012 Failed That Bill C-38, in Clause 121, be amended by replacing lines 7 and 8 on page 141 with the following: “June 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 116.
June 13, 2012 Failed That Bill C-38, in Clause 115, be amended by replacing lines 33 and 34 on page 138 with the following: “and 99 to 114 come into force on September 1, 2015.”
June 13, 2012 Failed That Bill C-38, in Clause 97, be amended by replacing lines 40 and 41 on page 125 with the following: “120.5 The Board may issue a ”
June 13, 2012 Failed That Bill C-38, in Clause 94, be amended by replacing line 36 on page 124 with the following: “recommendation, the Board shall, after all required consultation with members of the public and with First Nations, seek to avoid”
June 13, 2012 Failed That Bill C-38, in Clause 93, be amended by replacing line 25 on page 124 with the following: “oil or gas, the Board shall, after all required consultation with members of the public and with First Nations and taking into account all considerations that appear to it to be relevant, satisfy itself that the”
June 13, 2012 Failed That Bill C-38, in Clause 90, be amended by replacing line 12 on page 118 with the following: “was constructed in accordance with the Navigable Waters Protection Act and that passes in, on, over, under, through or”
June 13, 2012 Failed That Bill C-38, in Clause 89, be amended by replacing line 16 on page 117 with the following: “certificate under section 52 or 53 authorizing the”
June 13, 2012 Failed That Bill C-38, in Clause 88, be amended by replacing line 11 on page 117 with the following: “under which section 58.29 does not apply or leave from the Board under”
June 13, 2012 Failed That Bill C-38, in Clause 87, be amended by replacing line 44 on page 114 with the following: “a work to which that Act applies, unless it passes in, on, over, under, through or across a navigable water.”
June 13, 2012 Failed That Bill C-38, in Clause 86, be amended by replacing line 32 on page 112 with the following: “V, except sections 74, 76 to 78, 108, 110 to 111.3,”
June 13, 2012 Failed That Bill C-38, in Clause 85, be amended by replacing lines 2 to 4 on page 111 with the following: “the Board shall have regard to all representations referred to in section 55.2.”
June 13, 2012 Failed That Bill C-38, in Clause 84, be amended by replacing line 36 on page 109 with the following: “the time limit specified by the Chairperson pursuant to a motion and vote among Board members,”
June 13, 2012 Failed That Bill C-38, in Clause 83, be amended by replacing lines 25 to 27 on page 105 with the following: “shall consider the objections of any interested person or group that, in their opinion, appear to be directly or indirectly related to the pipeline, and may have regard to the”
June 13, 2012 Failed That Bill C-38, in Clause 82, be amended by replacing lines 39 and 40 on page 104 with the following: “(4) Subsections 121(3) to(5) apply to”
June 13, 2012 Failed That Bill C-38, in Clause 81, be amended by replacing line 14 on page 104 with the following: “(2) A public hearing may be held in respect of any other matter that the Board considers advisable, however a public hearing need not be held where”
June 13, 2012 Failed That Bill C-38, in Clause 79, be amended by replacing line 35 on page 103 with the following: “(2) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”
June 13, 2012 Failed That Bill C-38, in Clause 78, be amended by replacing line 30 on page 103 with the following: “(1.1) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”
June 13, 2012 Failed That Bill C-38, in Clause 76, be amended by replacing line 25 on page 101 with the following: “15. (1) The Chairperson or the Board may authorize one”
June 13, 2012 Failed That Bill C-38, in Clause 75, be amended by replacing line 11 on page 101 with the following: “14. (1) The Chairperson may propose a motion to authorize one”
June 13, 2012 Failed That Bill C-38, in Clause 72, be amended by replacing lines 34 to 40 on page 100 with the following: “(2.1) For greater certainty, if the number of members authorized to deal with an application as a result of any measure taken by the Chairperson under subsection 6(2.2) is less than three, the Board shall elect a third member to satisfy the quorum requirements established under subsection (2).”
June 13, 2012 Failed That Bill C-38, in Clause 71, be amended by replacing line 25 on page 99 with the following: “an application, the Chairperson may propose a motion to put in place a”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 68.
June 13, 2012 Failed That Bill C-38, in Clause 67, be amended by replacing lines 20 and 21 on page 98 with the following: “force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38, in Clause 52, be amended by replacing lines 25 to 29 on page 35 with the following: “with respect to a project, that a group or individual is an interested party if, in its opinion, the group or individual, including those who use adjacent land for recreational, cultural or hunting purposes, is directly — or could potentially be indirectly — affected by the carrying out of the project, or if, in its opinion, the group or individual has relevant information or expertise:”
June 13, 2012 Failed That Bill C-38, in Clause 52, be amended by adding after line 8 on page 31 the following: “Whereas the Government of Canada seeks to achieve sustainable development by conserving and enhancing environmental quality and by encouraging and promoting economic development that conserves and enhances environmental quality; Whereas environmental assessment provides an effective means of integrating environmental factors into planning and decision-making processes in a manner that promotes sustainable development; Whereas the Government of Canada is committed to exercising leadership, within Canada and internationally, in anticipating and preventing the degradation of environmental quality and, at the same time, in ensuring that economic development is compatible with the high value Canadians place on environmental quality; Whereas the Government of Canada seeks to avoid duplication or unnecessary delays; And whereas the Government of Canada is committed to facilitating public participation in the environmental assessment of projects to be carried out by or with the approval or assistance of the Government of Canada and to providing access to the information on which those environmental assessments are based;”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 52.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 19.
June 13, 2012 Failed That Bill C-38, in Clause 16, be amended by replacing line 5 on page 14 with the following: “on January 1, 2013 a salary of $137,000.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 16.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 4.
June 13, 2012 Failed That Bill C-38, in Clause 7, be amended by replacing line 5 on page 8 with the following: “interest, being any activity that contributes to the social or cultural lives of Canadians or that contributes to Canada's economic or ecological well-being.”
June 13, 2012 Failed That Bill C-38, in Clause 7, be amended by replacing lines 1 to 5 on page 7 with the following: ““political activity” means the making of a gift by a donor to a qualified donee for the purpose of allowing the donor to maintain a level of funding of political activities that is less than 10% of its income for a taxation year by delegating the carrying out of political activities to the qualified donee;”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 1.
June 12, 2012 Passed That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than 10 further hours shall be allotted to the consideration at report stage of the Bill and 8 hours shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the 10 hours for the consideration at report stage and at the expiry of the 8 hours for the consideration at the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
May 14, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
May 14, 2012 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, because it: ( a) weakens Canadians’ confidence in the work of Parliament, decreases transparency and erodes fundamental democratic institutions by systematically over-concentrating power in the hands of government ministers; ( b) shields the government from criticism on extremely controversial non-budgetary issues by bundling them into one enormous piece of legislation masquerading as a budgetary bill; ( c) undermines the critical role played by such trusted oversight bodies as the Office of the Auditor General of Canada, the CSIS Inspector General and the National Energy Board, amongst many others, thereby silencing institutional checks and balances to the government’s ideological agenda; ( d) raises the age of eligibility for Old Age Security and the Guaranteed Income Supplement from 65 to 67 years in a reckless effort to balance the government’s misguided spending on prisons, incompetent military procurement and inappropriate Ministerial expenses; ( e) includes provisions to gut the federal environmental assessment regime and to overhaul fish habitat protection that will adversely affect fragile ecosystems and Canada’s environmental sustainability for generations to come; ( f) calls into question Canada’s food inspection and public health regime by removing critical oversight powers of the Auditor General in relation to the Canada Food Inspection Agency all while providing an avenue and paving the way for opportunities to privatize a number of essential inspection functions; and ( g) does nothing to provide a solution for the growing number of Canadians looking for employment in Canada’s challenging job market and instead fuels further job loss, which according to the Parliamentary Budget Officer will amount to a total loss of 43,000 jobs in 2014.”.
May 3, 2012 Passed That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than six further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the sixth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Economic Action Plan 2013 Act, No. 1Government Orders

May 2nd, 2013 / 4:55 p.m.


See context

NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am pleased to speak today, May 2, two years after the NDP was elected as the official opposition. It has bee two years, but this budget implementation bill still contains the worst of the Conservative policies, even though this legislation should only include budget measures. Therefore, I will oppose this bill because of its content and because of the process.

Bill C-60, which implements parts of budget 2013, increases the tax burden on Canadians with tax increases for credit unions and small businesses. It also includes higher tariffs on thousands of products. It gives Treasury Board very broad powers allowing it to intervene in the collective bargaining process and to impose terms and conditions of employment on non-unionized crown corporation employees. It also amends the Investment Canada Act to significantly reduce the number of takeovers that are subject to review. Finally, it proposes a symbolic but inadequate solution to the flawed approach to the temporary foreign worker program.

To fully understand the problems with Bill C-60, we must go back to its source, the 2013 budget. That budget did not include anything really new, nor did it propose anything satisfactory regarding employment. It continued to target services provided to Canadians by trying to shrink the size of government. In this budget, the government tried to pull a fast one with funds allocated to worker training, and by pretending that infrastructure funds were going to increase when in fact they have been reduced, as my NDP colleagues found out. It is very important to point out that what was announced as new money is in fact a budget cut.

This budget also targets workers' funds and all those who benefit from such funds, including small investors and businesses in our regions. Moreover, the budget does not take seriously the problems facing producers, such as the labour shortage. The changes made to the employment insurance program did not help at all, and many farmers and seasonal entrepreneurs in my riding are having a hard time hiring skilled labour this year. They worry about the impact that these changes will have on them. The budget also does not do anything to help them with risk management.

The budget also shows a lack of conviction regarding the implementation of the Emerson report recommendations. That report, commissioned by this Conservative government, was drafted by the industry. The fact that its recommendations were not fully implemented means the Conservatives are not clearly siding with the aerospace industry, even though that industry creates thousands of jobs in a riding like Mirabel.

Again, with this budget, the government missed an opportunity to reverse its decision to slash old age security and many other programs. It is really unfortunate that this budget does absolutely nothing for the citizens of Argenteuil—Papineau—Mirabel.

By amending close to 50 different acts, Bill C-60 follows the same pattern as omnibus Bills C-38 and C-45.

While it is smaller than similar bills we have seen from this government, it still amends 49 pieces of legislation, which is a lot. The mere fact that the bill has fewer pages does not mean it is no worse. In any case, what Canadians want is not something that is no worse. They want something better. To achieve that, measures should be proposed properly, separately, and they should be debated fairly, based on their merits. They should be proposed responsibly in this Parliament.

Omnibus bills like this one and all the other budget implementation bills are fundamentally bad for democracy and for our Parliament.

With Bill C-60, the Conservatives are trying, for the third time, to circumvent parliamentary and public oversight. Canadians deserve better than a Conservative omnibus bill that adds to their cost of living and does not create jobs.

I want to be clear. I will oppose this omnibus bill because it is altogether bad for the Canadian economy. Regardless of what the Conservatives are saying, budget 2013 and Bill C-60 are measures that will slow down the Canadian economy instead of boosting it.

Budget 2013 cuts thousands of jobs, cuts program spending and weakens GDP growth. The Conservatives' plan, starting with budget 2012, will lead to the loss of 67,000 jobs by 2017 and a 0.57% drop in GDP. That is far from the prosperity the Conservatives promised.

I want to talk about something other than figures, but I do want to say that I did not make them up. They came from the Parliamentary Budget Officer, who was appointed by this government.

As if it were not enough that this budget does nothing for the economy, with this bill, the government continues to go after workers. The bill gives extensive powers to the Treasury Board to intervene in the collective bargaining process and impose terms and conditions of employment on crown corporations. This interference in the negotiating process is very disappointing. The Conservatives are continuing their direct attack on collective bargaining. What a perfect example of doublespeak. They talk about independence for crown corporations, but they want to impose their austerity ideology and they are crushing that independence by interfering in the management of crown corporations.

I also want to mention that workers are not the only ones who will be negatively affected by this bill. The Conservatives really seem to have it in for the regions. Their tax hikes for credit unions and small businesses represent a direct attack on my riding's economy. Credit unions and SMEs are an important part of our communities' economic and social fabric. The Conservatives are taxing them to benefit the major banks and big businesses.

They amended the Investment Canada Act to considerably reduce the number of takeovers subject to review. That means that businesses outside of major urban centres will no longer be reviewed and, without oversight from the government, could be taken over by foreign companies.

Furthermore, how can we forget their ill-advised EI reform, which targets seasonal workers, who are essential to rural economies, or their attack on labour-sponsored funds, which are supported by workers, investors, unions and businesses, especially in the regions?

It is clear that the budget does nothing for my riding.

In conclusion, the government is trying to say that it is doing a good job managing the economy. In this budget, there is nothing for workers and nothing for Argenteuil—Papineau—Mirabel. People deserve much more, and I hope to have the opportunity to give them more in 2015.

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Thank you for your testimony today.

Grand Chief Edward John, I found your testimony to be particularly powerful. Thank you also for teasing at the fact that having a clean environment and clean rivers already has an economic value. In that sense it's an important fact that the Conservatives often overlook.

To turn back to the line of questioning of my colleague, Peter Julian, do you feel that the government has failed in its duty to consult with regard to Bill C-38 and Bill C-45?

Economic Action Plan 2013 Act, No. 1Government Orders

May 2nd, 2013 / 3:40 p.m.


See context

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, as I rise today to speak to Bill C-60, the Conservatives' first bill to implement budget 2013, I find it sad to have to remind Canadians that the bill imposes significant, in fact massive, tax hikes on middle-class Canadian families, who are already struggling to make ends meet. This is on top of massive tax increases that were included in the Conservatives' last three budgets. The Conservatives are raising taxes, because they need the money to cover for their waste and mismanagement. Unfortunately, the bill will only increase that wasteful spending by actually increasing the number of bloated ministers' offices, while at the same time cutting vital services middle-class Canadian families need. Finally, the bill does nothing to help young Canadians, who are desperate to find paid work.

As the House has heard, Bill C-60 is an omnibus bill that lumps together a large number of unrelated measures. These measures are being combined into one single bill on which we can vote yes or no. With a bill of this size and scope, with 233 different clauses, after all, it is bound to include some measures that we, in fact, may support.

For example, we are broadly supportive of some of the following measures: removing the deduction on disability benefits from the war veterans allowance; expanding the adoption expense tax credit; introducing a tax credit for first-time donors, although it is ironic that this first-time donor tax credit is not going to be utilized by too many young Canadians, given the fact that most young Canadians are having difficulty even finding jobs and opportunities or making ends meet; combatting tax evasion; extending the capital cost allowance again this year, although we would recommend that the government, instead of extending it for two years, should follow the advice of Canadian manufacturers and extend it for five years; expanding the GST and HST exemption for home care services; reducing tariffs on baby clothing and sporting equipment; supporting organizations such as Indspire, Canada Youth Business Foundation, Genome Canada, Nature Conservancy of Canada, Pallium Foundation of Canada and the Canadian National Institute for the Blind; providing funding for Nunavut housing; increasing the gas tax by 2% per year; reversing the Conservatives' earlier policy on the temporary foreign worker programs; and correcting the Conservatives' mistakes in terms of earlier changes made to registered disability savings plans when they rammed Bill C-38 through Parliament last year.

Given a chance to vote on some of these measures individually, we might, in fact, vote yes on some of them. Unfortunately, due to the approach taken by the Conservatives with this omnibus legislation, they have lumped some of these more reasonable measures in with massive tax increases on middle-class Canadians.

One measure alone, the proposed change to the dividend tax credit, will raise taxes on small business owners by over $2.3 billion over the next five years. This massive tax hike will hurt 750,000 Canadians, who will watch their tax bills go up by an average of more than $3,000 each, and it will put Canadian jobs and small businesses at risk. We cannot take $2.3 billion out of the economy without it hurting small businesses and hurting job creation in Canada. Remember, this tax hike is on top of the Conservatives' annual increase of EI premiums. Each and every year, the Conservatives increase the amount of money they take out of the economy through EI payroll tax increases by more than $600 million.

Bill C-60 also raises taxes on credit unions by $75 million per year. This is a direct attack on rural and small-town Canada, because credit unions play a vital role in the economies of small towns and communities across Canada.

The Conservatives seem to have forgotten that the goal of tax breaks for credit unions is to ensure that they can compete with big banks.

The fact is, credit unions are smaller and they face challenges that the big banks do not. That is why the tax deduction for credit unions ensures that only smaller institutions can qualify for this credit.

If the Conservatives believe that the deduction was not being used properly they could have proposed changes to the qualifying rules. It is not fair to punish all credit unions and the Canadians who depend on them by getting rid of this tax deduction altogether.

Bill C-60 also increases other taxes, some that will mean significant price increases for Canadian families and others that would nickel and dime Canadians who are already struggling just to make ends meet. The legislation would add GST or HST to the costs of certain health care services that Canadians already pay out of pocket.

For example, victims of crime would now pay GST or HST on the medical work that they need to establish their case in court, such as X-rays and lab work, which are not cheap to begin with. Bill C-60 would punish these victims by raising the costs of their medical expenses by up to 15%. I cannot understand for the life of me why the Conservative members of Parliament would want to punish victims of crime.

Bill C-60 would not only raise GST and HST on these health care services, it would make these increases retroactive to March 22. Doctors would now need to collect HST from their patients, and they are not sure which of the services would be subject to sales tax. There is a lot of confusion because the government has said that the tax is going up on health care services for non-health care purposes. What exactly does that mean?

Would couples who are struggling with fertility issues now have to pay taxes for certain lab work? Would Canadians have to pay taxes on doctors' notes they need for school or work? Would parents who have a child with special needs now have to pay tax on medical assessments they need in order to get a decision from a school board? Are the Conservatives now placing a tax on mental health services? We do not know.

While the Conservatives were quick to introduce this tax hike on health care services, they have been slow to provide Canadian doctors and their patients with the information they need.

Earlier this week the Canadian Psychological Association wrote to finance committee members asking for clarification. They wrote:

This announcement has created some confusion for psychologists, many of whom are small business owners, regarding which services are and are not HST-exempt. There is some urgency to the need for clarity given that changes outlined in the budget are retroactive to March 21st, 2013. Many of our members have spoken with their accountants but, unfortunately, this has yielded contradictory information and direction.

This type of confusion is the direct result of poorly thought out and hasty decisions brought forward by a government that is desperate to raise taxes and has not done its homework. It is what happens when a government becomes arrogant and refuses to hold public consultations and ignores the very Canadians who are most impacted by government decisions.

There are more tax hikes. Bill C-60 would increase taxes on safety deposit boxes.

Now the Conservatives will want to focus this debate on a few tiny tax decreases in the bill. For instance, they want to focus on tariff reductions for sporting equipment, those tariff reductions that we incidentally would support. However, it was my Liberal colleague, the member for Cape Breton—Canso, who stood in the House last November and demanded that the government remove these tariffs.

While this budget would reduce a few tariffs, it would increase many more. There is a net increase by $250 million per year in tariff taxes on Canadians. For every $1 in tariff reductions in this budget, there are $4 in tariff increases.

It is the Conservatives' tax increases that we do not support. These tax increases, otherwise known as tariff increases, which are import taxes, are a hidden tax on just about everything. Taxes on almost 1,300 different types of products would go up, everything from basic toiletries like toothpaste to home furnishings. The Conservatives would raise taxes on everything, including the kitchen sink. The fact is the import tax on kitchen sinks would more than double as a result of this budget.

The Conservatives have claimed that they are increasing these taxes because they do not want to help Chinese companies. That argument is ridiculous. It is not the Chinese companies that would be paying these taxes. It is middle-class Canadian families who are already struggling to make ends meet.

Second, if the tariff increases were not just simply a naked attempt by the Conservatives to take more money out of hard-working Canadians, then we would also see tax decreases in the budget in order to compensate Canadians.

When we tally it up, budget 2013 includes much more in the way of punishing tax increases than the pittance of tax relief. In fact, we could say there is a thimblefull of tax relief in a sea of tax hikes in this Conservative budget.

If we add up all the tax changes listed on the back of the budget, we would see that there is a net tax increase in every one of the next five years. This year, budget 2013 would impose a net tax increase of $65 million. Next year it would be a net tax increase of $615 million.

Over the next five years, the Conservatives' budget 2013 would impose a net tax increase of more than $3.3 billion. That is $3.3 billion of money earned by hard-working Canadians that the Conservatives would now be taking out of the economy. It is $3.3 billion less for Canadian families to spend on food, transportation or mortgage payments. That is on top of the almost $6.5 billion net increase in taxes imposed in the previous three budgets.

Combined, it is almost $10 billion in net tax increases on Canadians since budget 2010. That is $10 billion more that the Conservatives are taking out of the Canadian economy. It is $10 billion less in the hands of Canadian families and investors.

The government can do two things to help create jobs: cut taxes and increase public spending.

In fact, the Conservatives are doing the opposite. They are raising taxes while cutting public investment. It is no wonder that they are not creating enough jobs for young Canadians.

The Parliamentary Budget Officer has forecast that the last two Conservative budgets will kill far more jobs than they create. According to the interim PBO, tax increases and spending measures in budgets 2012 and 2013 would have a net effect of 12,000 fewer jobs this year, 33,000 fewer jobs next year and 67,000 fewer jobs by 2017.

It is little wonder that the Conservatives cannot match the job creation record of the previous Liberal government. Under Prime Ministers Chrétien and Martin, the Liberals consistently lowered taxes and helped create 3.5 million net new jobs in Canada.

Looking at just the last seven years of the Liberal administration, there were over two million net new jobs created. Compare this with the Conservatives. Only 1.3 million net new jobs have been created in the last seven years.

Many Canadians have dropped out of the workforce altogether. A lot of young Canadians are giving up. A lot of young Canadians are working in unpaid internships, and the Conservatives simply have not created the jobs young Canadians need at a time when we have lost a lot of good-paying manufacturing jobs and there have been a lot of Canadians who have gone from full-time jobs to part-time work. That is why Canadian families are falling behind.

Why are the Conservatives, during this time of economic uncertainty and challenge, raising taxes? It is to pay for the Conservatives' wasteful spending and mismanagement of public resources.

In this budget, we get more waste from the Conservatives. Budget 2013 does nothing to curb the Conservatives' addiction to partisan government advertising. Canadians are sick and tired of watching the Conservatives throw their money away on partisan economic action plan ads. We know that these ads are not a good use of taxpayers' money. The Conservatives know that they do not provide good value for the taxpayers.

Last year the government commissioned a poll to see if the economic action plans were working. These are the ads the government took out ostensibly to promote measures in the budget. Here is the result. While 23% of Canadians who saw the ad could remember the phrase, “economic action plan”, far fewer Canadians actually knew what the ads were about.

Half as many thought the ads were about Canada or the governing Conservative Party. They did not relate them to the budget at all. While almost 5% of Canadians could remember that the ads included arrows that pointed up, less than 1% of Canadians knew the ads were about the federal budget.

In fact, when the survey went further and asked whether or not it affected the behaviour of Canadians who watched them, 92% said the ads did not affect their behaviour whatsoever. There was no result for them whatsoever as a result of watching these ads. They said that the ads had not provided them with any useful information. Ninety-two per cent of Canadians said that.

Of the people who did something, more than one in five “expressed my disbelief”. I am quoting from the actual survey commissioned by the finance department. Apparently, expressing one's disbelief about the economic action plan ads was such a popular option in the survey that it actually got its own category in the results.

Unfortunately, there is nothing in this legislation that would help wean the Conservatives off this wasteful use of partisan advertising. There is another area of spending that is covered in Bill C-60 that reflects the disconnect between the Conservative priorities and those of Canadian families: the number of parliamentary secretaries and the size of the cabinet.

The bill would not only increase the number of parliamentary secretaries, it would actually add three more cabinet positions to the list of salaried ministers. This means the Prime Minister would continue to increase the size of his cabinet and that these cabinet ministers and their parliamentary secretaries could continue to give pay increases to their Conservative staffers. If we compare this to the plight that an awful lot of young Canadians face today, it would seem that the Conservatives are only interested, in terms of young Canadians, in helping young Conservative staffers, because it seems that they are leaving everyone else out of the equation totally.

In fact, only two measures would really will help young Canadians in this budget overall; well, I would say three.

First is the Canada Youth Business Foundation. I think, broadly, that investment is a positive investment. It is not nearly enough. There is so much more that needs to be done to foster entrepreneurialism in Canada.

Second, one could argue that expanding ministers' officers would create more jobs for young Conservative staffers. I guess we could say that is helping somebody out.

Third, at a time when young Canadians cannot find work, when the youth job numbers are five points worse than they were five years ago--last summer we had the worst summer jobs numbers since Statistics Canada started tracking these numbers--the Conservatives have come up with a new super donor credit for young Canadians who contribute. It is pretty hard for young Canadians to contribute when they are suffering under staggering consumer debt. Over 30% of them between the ages of 25 to 29 are living at home, with their parents, because they cannot pay for their own apartment, yet what do the Conservatives do? They say, “We're going to help these people. We're going to make them great philanthropists.”

There are not too many young Canadians I know who are going to have wings of hospitals named after them in the near future. The reality is unless the Conservatives are talking about kids with trust funds or something, I do not know too many young Canadians who are in a position to give significant donations to charities or who have tax planners telling them how to do that in a tax-efficient manner. That shows us how out of touch the Conservatives are with middle-class Canadian families.

The reality is young Canadians are suffering. We risk losing a generation of potential in Canada as a result of Conservative inaction.

Nothing speaks more to the degree to which the government is out of touch with the needs and the realities of young Canadians than the fact that one of the few measures it puts in the budget to help young Canadians would help them become philanthropists, at a time when they cannot even make ends meet or pay for their own apartment or get out of debt from their student loans.

In summary, the bill would do nothing significant to help young Canadians who are struggling, it would punish middle-class Canadians with massive tax increases, and it would continue with wasteful spending that reflects the Conservatives' interest in politics and not in the people of Canada. Therefore, we cannot support the budget implementation act.

Grand Chief Edward John Political Executive Member, First Nations Summit

Honourable members of the committee, ladies and gentlemen, thank you for inviting me to submit a presentation to your committee. Two documents have been submitted to the clerk of the committee and those, I believe, have been circulated. They are the speaking notes I will be referring to, as well as a more detailed 11-page submission.

I want to refer to the comments made by my fellow witness, Mr. Rubin, the economic side of the equation in particular, and the costs relating to extracting the resources and the question of the infrastructure that may be necessary, whether it's going to the east, the south or the west. I want to talk about those particular infrastructure facilities and then the cost of that relative to the cost of aboriginal rights, title, and treaty rights—the economic value of that—and those legal rights which exist and which are recognized in the Constitution of Canada.

The six questions you presented to me, as well as the recommendations that you make, are important to first nations in British Columbia. I know they are also important to the Treaty 6, 7 and 8 chiefs, those particular first nations, in Alberta as well. Developing a just resolution in British Columbia on the land question is essential, but it requires our full and collaborative role and involvement in the resolution of that process, as well as the standards of free, prior, and informed consent for the extraction of those resources that Mr. Rubin was talking about.

These are important to us: the question of energy supply sources, the lands where these resources are being extracted, as well as export market diversification. Again, it's going to mean moving these products by rail or pipeline, and whatever it is, it will have an impact. I think the comment he made is that the feeling generally is that if it's to the west, British Columbia will be left with the cleanup bill. That's an underlying and overriding concern that many first nations communities have.

These are our recommendations on the six issues that you're dealing with. They impact on our communities, our people's social, cultural, and economic well-being and dignity, and the environment, lands, and resources we rely on, and which continue to support our way of life and the traditional ways of our people. They also underline aboriginal and treaty rights, including aboriginal title, which we have inherited from our ancestors and which the Constitution of this country recognizes and affirms.

Our people, communities, and constitutional rights are considered by many, including, I have to say, governments, industries, and people in the public, as risks, barriers and obstacles which create uncertainty for development. To assume or even to suggest that puts our people and our rights in an adversarial position.

We do not see ourselves as risks, obstacles or barriers. We have a right and a responsibility to protect ourselves, our well-being and dignity, as well as our lands, resources, and environment. Because no one else is doing that, we have to do it.

During this past winter, the protection and promotion of these rights and responsibilities were key in ldle No More, the grassroots protest movement among first nations and aboriginal peoples. The steps taken by the federal government in Bill C-38 and Bill C-45 to limit or eliminate environmental standards and safeguards have in no way provided the necessary assurances to first nations who continue to practise their traditional way of life, and who provide for their livelihood by relying on the lands and resources in their respective territories. Because of this, there has been very strong and widespread opposition to the significant risks associated with the proposals, such as those being advanced by Enbridge and Kinder Morgan, and in mining by Taseko and others.

Mechanisms such as political advocacy, action on the ground, and litigation have all been used with varying degrees of effectiveness by first nations in advancing and protecting their rights, supporting their communities and peoples, and defending their lands, territories, and resources.

I believe this committee has an important responsibility to recommend to the government changes to the nature and tone of the negative perceptions and dialogue about first nations peoples. As the saying goes, a tone starts at the top, and I believe that applies here.

The diversity and richness of the cultural and linguistic background of first nations in British Columbia is truly immense, and in my view, absolutely wonderful and worth celebrating. We have some 30 tribal groups with seven linguistic families representing about 5% of the population.

Many different things have had an impact on us, but the 17 or 18 Indian residential schools have had a cumulative intergenerational impact, in fact, on our families and communities and languages as well. In fact, if nothing is done, some languages will become extinct in a generation or two.

What relevance does this have to a discussion about oil and gas and energy resources in this country? I think it's entirely relevant, because we're talking about the people's lands and territories and their well-being. As we see past impacts continuing to build and continuing to mount, first nations have less and less space in their territories, which they rely on to be who they are as indigenous peoples.

We have been developing directions, strategies, and actions. We've taken proactive measures and actions, and we have created community, tribal, and provincial institutions and initiatives to overcome these difficult odds.

We think it is important for you, as members of Parliament, to recognize that the federal government should support these significant steps to improve the quality of life. We are doing that, and we need the support of governments to do it. It is our view that in time the changes we need will happen.

As I said, one of the very significant issues involves the inherent legal and human rights that first nations have to and in their respective lands, territories, and resources. This is the so-called land question. I refer to the economic value of these constitutionally based rights that we have.

The history in British Columbia, I think, is pretty clear. In the mid-1800s colonial authorities, without our peoples' agreement or consent, appropriated these lands and resources to crown sovereignty, ownership, and jurisdiction. At that time, the underlying assumptions about our first nations were that we were not civilized enough to have ownership of or authority over our traditional lands, territories, and resources, and that the civilizations of the new colonies were superior to those of our people.

These underlying assumptions have been categorically condemned internationally, including in the UN's Declaration on the Rights of Indigenous Peoples.

Economic Action Plan 2013 Act, No. 1Government Orders

May 1st, 2013 / 4:30 p.m.


See context

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, today we are dealing with Bill C-60, the first Conservative omnibus bill following its 2013 budget. It is a bit less abusive than Bill C-38 and Bill C-45 from last year, but it is still an omnibus measure, lumping together various unrelated matters. By my count, at least 18 different government portfolios are implicated.

At the end of the day, the government will force a single vote on all of that all at once. That renders the vote so meaningless, because it cuts across so many unrelated disciplines. Again, democracy is compromised in the process.

There are some items for sure in Bill C-60 which people could generally support: better allowances for veterans, for example; dealing with the adoption tax credit; more incentives for charitable giving; the extension of capital cost allowance; and additions to the gas tax transfer.

However, these positive things are intermingled, unfortunately, with many very negative measures, especially large tax increases that will hit and hurt middle-class Canadians in particular, and we cannot and we will not support those negative measures.

Budget 2013 is crafted to feed several false illusions. The first of those is the mythical notion that the Conservatives are the competent economic managers that they claim to be, but let us look at the facts.

When they took office in 2006, they inherited from their Liberal predecessors 10 straight years of balanced budgets, an annual surplus that was running at the rate of $13 billion every year, lower debt, lower taxes, low and stable interest rates, a sound and solid Canada pension plan, steadily dropping employment insurance premiums, annual economic growth rates of 3% or better, the best banking system in the world, the best ever transfer payments to provinces and territories, progressive investments in child care, skills and learning, science and innovation, environmental integrity, infrastructure, trade and three and a half million net new jobs. That is what the Conservatives inherited. That is what was handed to them as a starting point in 2006.

Just as an interesting historical sidebar, before the Conservatives inherited 10 years of Liberal balanced budgets and robust surpluses, the last time a Conservative government actually balanced a budget for Canada was 101 years ago in 1912. The prime minister at the time was Robert Borden, originally a school teacher, as a matter of historical fact. He, too, inherited his surplus from a Liberal predecessor, namely Sir Wilfrid Laurier, but sadly, he managed to maintain it for only one year before dropping into deficit.

The current Conservative government has behaved in a similar manner through excessive spending and reckless budgeting. Between 2006 and 2008, they put Canada back into the red again before, not because of, the recession, which hit in the latter part of 2008, and they have not balanced the books every since.

In budget 2013, the Conservatives claim they will eliminate the deficit hocus-pocus by 2015. Is that not convenient? Just on the eve of the next federal election they are projecting a balanced budget. A close look at their financial plans provides ample reason to be just a little bit suspicious. Here are some of the fiscal tricks.

First, they use rosy growth estimates. To puff up government revenues, the Conservatives have based their fiscal planning on optimistic projections about economic growth. They ignore the reality that in years just passed, their numbers have never ever been correct. Time and time again, their initial forecast has had to be downgraded, as both the International Monetary Fund and the Bank of Canada have just done once again in this last month.

Second, they use deficient reserves. To create the illusion of more financial flexibility and strength than they really have, the Conservatives have lowballed the reserves that should be in place to serve as fiscal shock absorbers for Canadians against unpleasant future economic surprises. The amounts set aside should grow in the outer years because the risk is larger in the outer years, but the Conservative government has foolishly flatlined its reserves going forward, meaning it is not protecting adequately against future risk.

Third, they use exaggerated lapses. When a government department does not use all the budget in any given year that is given to it, the excess money naturally lapses back to the central treasury. The Conservatives in their budget are counting on very large lapses over the next several years. In fact, that is worked right into their arithmetic. In other words, they are planning to make big announcements of big new spending plans but never actually investing the money.

Fourth, they use excessive optimism about catching those tax cheats. While cracking down on those who do not pay their rightful taxes is an absolute necessity, the Conservatives claim of a balanced budget depends heavily on quickly collecting billions in unpaid taxes, and that seems highly improbable at a time when they are chopping the resources needed in the revenue department to go after those tax cheaters.

Fifth, they use big program cuts. For big programs like infrastructure, the government claims to be increasing its investment, but any hypothetical increase would actually occur only years down the road, beyond the mandate of this Parliament, sometime in the latter part of this decade, conveniently well after 2015. It is a trick that is called multi-year bundling and back-end loading. When the government has nothing to announce, it rolls a bunch of years together and pretends it is going to spend money five or ten years down the road while it actually cuts in the short term. That is happening here. In reality, the build Canada infrastructure budget has been cut by $1.5 billion this year, $1.5 billion next year and $1 billion in the year after that. Any hypothetical increase is only well after 2015.

Sixth, they are claiming before proving. Using all of the tricks that I have just mentioned to concoct the false notion of a balanced budget by 2015, the Conservatives will claim that they have met their fiscal objective just before they call an election and, importantly, before proof to the contrary can become available. In the normal financial cycle, the audit report on the government's books for 2015 will not get published until much later, that is well into 2016, long after any election has come and gone. So much for the Conservative illusion of fiscal and economic competence.

Their second illusion is that they really care about jobs and job training and they boast about their proposed new jobs grant. The Minister of Human Resources and Skills Development mentions it in the House almost every day, but again it is fiction. It is spin. It is make-believe. It does not exist.

What exists are labour market agreements, and they have existed since the late 1990s. They are job training agreements between the Government of Canada and all the provinces. The latest versions of these labour market agreements were negotiated about five years ago, and they are worth now about $2.5 billion all together. Federal money is regularly transferred every year by the Government of Canada to the provinces. The provinces use those funds to tailor job training and labour market programs and services that suit their local circumstances. The provinces are in charge of the design. That is what exists now.

The Conservative government wanted to appear to be doing something about skills and jobs in the 2013 budget. People without jobs and jobs without people is one of Canada's biggest economic problems at the present time. The government wanted to look as if it were aware of that and doing something about it.

However, the government was not prepared to invest any new money to try and make an actual difference in terms of job training. What it did do was create an illusion of action and the fiction it was doing something about jobs and training. What it is basically proposing to do is claw back the $2.5 billion per year labour market money that it now sends to the provinces and renegotiate it with provincial governments. That is all. It amounts to recycling existing money. There is nothing more. There is nothing new. There is no additional federal investment.

The provinces will need to contribute more and so will the private sector. That may actually serve to reduce the extent of job training in some sectors and some provinces, because some of those other partners, the provinces or the private sector, may not be able to match the federal dollars. Even the provincial treasurer in Alberta has made the comment that he does not know whether Alberta would want to participate in that kind of initiative.

The bottom line here is that there is no new money and no additional federal investment in training. It is an illusion to try to create the impression that something new is happening when it is not. That is tragic, especially for young Canadians looking for some hope and opportunity.

Here are the numbers. More than 212,000 fewer young Canadians are working today than just before the recession began in 2008. The youth unemployment rate is a very stubborn 14.2%. That is nearly twice the rate for other Canadians. The actual number is 404,000 jobless young people. Worse still, another 171,000 have simply given up and dropped out of the labour market altogether. The government and the budget do nothing but shuffle the deck chairs on the Titanic. It is simply not good enough.

Another fiction, the third one, is the government's bogus claim that is does not increase taxes. That assertion is completely false, and that is one of the key reasons we cannot support Bill C-60. It increases taxes, especially the tax burden of middle-class Canadians and all those who are working so hard to join the middle class. It happens in dozens of nefarious ways. New hidden Conservative taxes on safety deposit boxes total $40 million a year. On certain medical services, it is $2 million a year. New Conservative taxes on credit unions amount to $75 million a year. It goes on.

However, there are three hidden Conservative tax hikes that hit especially hard at the middle class. They are taxes on small business dividends, taxes on payrolls and taxes on imported consumer goods.

First, the Conservative small business tax, a new tax burden on small businesses, will absorb $550 million every year, taking it from small businesses and hurting the middle class.

The second new Conservative tax is the EI payroll tax, which will suck up $600 million every year in higher EI premiums, again hurting the middle class. By contrast, facing a job challenge in the 1990s, a Liberal government did not increase EI payroll taxes. We in fact cut them. We cut them 12 consecutive times and we cut them by 40%. Employers and employees saved billions of dollars and 3.5 million net new jobs were generated. The Conservative government's record is the opposite of that.

Finally, the third tax increase that we object to is the new Conservative increase of tariff taxes, taxes on imports, which will take about $333 million every year from middle-class Canadians.

The cost of vacuum cleaners will go up by 5%. Bicycles will go up by 4.5%. Baby carriages will go up by 3%. Plastic school supplies will go up by 3.5%. Scissors will go up by 11%. Ovens, cooking stoves and ranges will go up by 3%. For coffee makers, the cost will increase by 4%. On wigs, especially cosmetic wigs for cancer patients, the cost will go up by a whopping 15.5%. The cost of USB drives will go up by 6%. On blankets, the cost will go up by 5%. On toothbrushes, the cost will go up by 2%. On pillows, the cost will go up by 6%. On alarm clocks, the cost will go up by 6%. There are dozens and dozens of imported products.

The government's excuse for this is that it only wants to provide these higher tariffs in order to give a benefit to a lower-income country overseas. However, the reality is, when we put on these tariff increases, the country overseas does not levy the tax and does not pay the tax. The tax is levied in Canada and it is paid by Canadians. The burden is on average middle-income Canadian families. This is a self-inflicted cost burden in Canada, which is why we cannot support it.

When all of these measures I mentioned are fully implemented, as well as some other taxes that are buried in this legislation, the burden will add up to more than $2 billion per year in new Conservative taxes that are being levied on Canadians. The largest portion of that burden will fall squarely on the backs of middle-class families.

For substantive reasons of public policy today, we will not vote for these measures. Also, because the government is trying to hide these new taxes and deny them, we cannot sanction such deceit. Liberals oppose Bill C-60.

Therefore, I move, seconded by the member for Westmount—Ville-Marie:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

the House decline to give second reading to Bill C-60, An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures (Economic Action Plan 2013 Act, No. 1), because it:

A) raises taxes on middle class Canadians in order to pay for the Conservatives' wasteful spending;

B) fails to reverse the government's decision to raise tariffs on items such as baby carriages, bicycles, household water heaters, space heaters, school supplies, ovens, coffee makers, wigs for cancer patients, and blankets;

C) raises taxes on small business owners by $2.3 billion over the next 5 years, directly hurting 750,000 Canadians and risking Canadian jobs;

D) raises taxes on credit unions by $75 million per year, which is an attack on rural Canadians and Canada's rural economy;

E) adds GST/HST to certain healthcare services, including medical work that victims of crime need to establish their case in court;

F) fails to provide a youth employment strategy to help struggling young Canadians find work; and

G) ignores the pressing requirements of aboriginal peoples.

Derek Nighbor Senior Vice-President, Public and Regulatory Affairs, Food & Consumer Products of Canada

Thank you.

Mr. Chair and members of the committee, my name is Derek Nighbor. I'm a senior vice-president with Food and Consumer Products of Canada. I welcome the opportunity to be here today.

We are the largest national industry association representing Canada's leading food, beverage, and consumer products companies, which manufacture or distribute the household products that sustain Canadians and enhance their quality of life. We represent roughly 75% to 80% of what you would see in your local grocery store as products on the shelves.

From an employment perspective, our industry provides high-paying jobs to approximately 300,000 Canadians in both rural and urban areas in every region of Canada. We are in fact now the top employer in manufacturing in Canada, with a great potential to be even bigger and better.

Today l'II provide an overview of our industry's priorities, followed by a few key challenges and suggestions and maybe some ideas for future committee discussion on how the federal government can help our sector grow in Canada.

Here is a quick industry overview.

Our industry is proud that Canadians enjoy some of the safest food and beverage products in the world. I think this is something we often take for granted, given our large land mass and the high level of safety that we have at top of mind in our industry. We work closely with government to maintain Canada's global reputation as having a world-leading food safety system. This is great for export potential, and product safety is and will remain the number one priority for our member companies. We support a predictable and transparent regulatory system that is based on sound science. We believe this is absolutely essential for consumers to have confidence in the products they buy and for our businesses to successfully operate and grow.

I want to talk about consumer education, because Canadians are increasingly interested in learning more about the food and beverages they are consuming and want to take greater control over their health through their diet and the products they choose. To help consumers make informed product choices, FCPC and our member companies have made great strides in promoting nutritional literacy among Canadians. Since 2005, for example, we've provided the government-regulated nutrition facts table on processed product packages. Just last year, we worked very closely with Health Canada to implement revamped allergen labelling on our packages. Our industry did not look for exemptions on allergen regs. We did the right thing and supported those who could have severe allergic reactions from foods or beverages that they consume.

Another thing we're very proud of is that in order to help consumers better understand the nutrition facts table, we partnered with Health Canada and a number of retailers across the country to launch a collaborative campaign called the Nutrition Facts Education Campaign. The purpose of that campaign was to help Canadians better use and understand the nutrition facts table, especially the per cent daily value portion of that table.

We had 34 companies and Health Canada, with a number of retailers promoting in-store. The table helps give Canadians the tools to make informed food choices for themselves and their families. Early results from that campaign, which is three years in now, have been quite positive, showing that 52% of Canadians who have seen the campaign and the campaign logo say that it has changed the way they shop for groceries.

On product choice I want to talk about the options in the grocery store and the innovation happening in industry. We have made great strides in developing new, innovative products in response to consumer demand—foods with lower sodium and lower fat levels, with trans-fats eliminated, and vitamins and minerals added. As Canadian consumers increasingly search for a wide variety of nutritional choices, it's important that we meet their expectations and help them manage their health through diet. A recent FCPC survey of our member companies showed that 92% have responded to changing consumer needs by launching new, innovative products or making reformulation changes to existing products. If we think of the grocery store today compared with that of ten years ago, we can see the real difference that is happening in our communities.

I'm going to move to plant operations briefly to talk about water conservation. This is another area in which our beverage members have done a lot of work, making a lot of investments in the plant to reuse water, to reduce water usage, and overall to be more environmentally responsible. Another survey we did with our member companies showed that more than 90% of our member companies have made water reduction a priority in the production process, and half have identified industry initiatives to reduce consumption within their office or plant operations. Juxtaposed against international benchmarks, we're seeing that Canadian companies may in fact be pulling ahead of their global peers in this space.

That's the good stuff. I want to talk a little bit about some of the challenges we're facing.

Regulatory barriers continue to be a challenge, although I'll acknowledge a lot of the work that Health Canada has done to make some improvements on product approvals. Once again, when we're talking about product approvals, safety is paramount. We're not looking for fast-tracking of approvals. We're looking for thoughtful, efficient approvals, often turning to other jurisdictions that may have approved these products for the sharing of leading science.

As I said, our members develop the innovative products that consumers demand for the Canadian market, but it's with getting approvals in a timely manner that we're seeing some challenges. Registering a product or getting a product approved by Health Canada can take on average five years longer than it does in the United States. I say this not in advocating for a U.S. model, for there are many issues with the U.S. model, but we are definitely seeing significant delays in Canada that don't need to be that way.

As I said, though, in the past several months we have seen some changes via Bill C-38. There's been some modernization and simplification of Health Canada's regulations without putting consumers at risk. For example, I believe the Canadian Beverage Association, when they were here, talked about the approval of the sweetener, stevia, which provides a greater choice for consumers interested in carbohydrate-reduced diets. That was a very big approval, and one that we were waiting for a long time.

We support the current efforts. Of course, we'd like to see things move more quickly and would support any efforts this committee can make to continue looking for more efficient, thoughtful ways to make the regulatory environment more responsive to the needs of consumers and to business.

Packaging stewardship and recycling—those of us from Ontario know the blue box very well—is an area of greater and increased cost, but a responsibility that industry takes very seriously, in terms of reducing waste. Provincial governments are responsible for these programs, but we're dealing with the provincial governments on the patchworks of regulations that govern them from province to province. There is a lot of administrative cost in complying with province by province waste diversion rules and regulations. I think it's of interest to this committee, although you don't have direct responsibility, to understand that this is a growing cost factor affecting all folks along the food and beverage value chain.

I want to talk about counterfeit goods very quickly and also about what we call diverted product. That could be a juice that might have been destined for the U.S. market but that, through a broker or a retailer of some kind, somehow came into the Canadian market, maybe without French labelling, maybe with an American nutrition facts table, or maybe directly from Asia with no English labelling at all.

Our concern here, on the food side of things, is the issue of safety and also fairness in the marketplace. If you think of the robust allergen regulations we have in Canada, as some of those products make it onto the shelves in some of our stores there could be some real risk. I want to table this as an issue for this committee to consider working on with the Canadian Food Inspection Agency, to give it greater attention. The agency has done some work, but we continue to see a lot of diverted product that is meant for another market being sold in Canadian stores.

I want to credit the government for work done on Bill C-56, the combatting counterfeit products act. I know that MP Erin O'Toole, in his previous life as a legal counsel, worked a lot on the issue. We were really happy to see this bill. You might think about exploding batteries or razor blades and a whole host of fast-moving consumable products that are counterfeit. It's really important that border services and others in law enforcement be aware of this risk and that we work with members on the supply chain to deal with those issues.

Just quickly, as a last point before summary, let me speak about the skilled labour shortage.

Our industry requires a high level of scientific and technological expertise to develop products and to operate facilities across the country. We're increasingly facing shortages in this area and are concerned that they are only going to get worse. We're really lacking in educational training programs that focus on the scientific and technical expertise required to meet skilled labour demands for our industry, and we encourage measures to help meet this demand, including government partnerships with universities and colleges.

In summary, I want to restate our commitment to increasing nutritional literacy and consumer choice for Canadians and to reducing our environmental footprint. To help our industry grow, we need modern regulations to address this patchwork of recycling program issues, the growing presence of counterfeit and non-compliant products, and the issue of skilled labour.

I look forward to working closely with the government and parties on both sides of the aisle on these issues to help our industry innovate and grow in Canada.

Thank you.

Fisheries and OceansOral Questions

April 25th, 2013 / 2:35 p.m.


See context

Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans and for the Asia-Pacific Gateway

I am surprised, Mr. Speaker, that the member would be opposed to focusing DFO on the protection of Canada's commercial, recreational, and aboriginal fisheries. That is exactly what we did in Bill C-38 and Bill C-45 and we are continuing to focus on that. As we put together the policy framework to support those changes, we are engaging and talking to our key stakeholders.

Fisheries and OceansOral Questions

April 25th, 2013 / 2:30 p.m.


See context

NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, that kind of attitude is not going to help us deal with global warming in this country.

The government is also walking away from its fisheries responsibilities. In the midst of the public outcry over Bill C-38, the government claimed it “consulted with fishermen”, but now we learn that the people it consulted with were the oil and gas, mining, and nuclear power companies. Not one fisheries organization did it consult with.

I want to ask the minister, will he come clean and admit to Canadians who he is really looking after?

Opposition Motion—Climate ChangeBusiness of SupplyGovernment Orders

April 25th, 2013 / 11:05 a.m.


See context

Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, climate change is the most pressing environmental issue facing the planet. Climate change is real. It is happening now. It is an issue of today and not of tomorrow. Serious impacts are associated with the two degrees Celsius stabilization target, including an increased frequency and intensity of extreme weather events and sea-level rise.

The World Economic Forum, or WEF, recently ranked climate change the third-biggest concern, overall, of 1,000 experts surveyed. Failure to adapt to climate change was listed as the biggest single environmental hazard facing the planet. Moreover, the WEF listed runaway climate change as its first serious x factor, an emerging concern with unknown consequences. It even raised the question of whether humans have already triggered a runaway chain reaction that is rapidly tipping earth's atmosphere into an inhospitable state.

Canada's 1998 ice storm cost $5.4 billion. The 1996 Saguenay flood cost $1.7 billion. A 2005 rain event in Toronto cost $625 million in insured losses. The now defunct National Round Table on the Environment and the Economy warned that climate change is expensive, with annual $21-billion to $43-billion adaptation costs for Canadians by 2015.

The countries most vulnerable to climate change understand that 2015, the date by which to adopt a universal climate change agreement, is already too late. The two degrees Celsius target will likely be missed. Some developed countries remain insensitive to their predicament. Some islands will likely become submerged. Their hopes for enhanced global support to aid their efforts have continually been disappointed.

At stake is the future of our children and grandchildren. In light of the financial burdens to the next generations, the impacts on Canada's agriculture, environment, fisheries, forest, water, et cetera and ultimately on Canadians and on international communities, such as Bangladesh, which might lose one-fifth of its land mass and suffer the displacement of 20 million people with a one-metre rise in sea level, it is extremely disappointing that instead of having a serious debate on what Canada should be doing to mitigate and adapt to climate change, the New Democrats have chosen to politicize a fundamentally human issue.

I am very surprised that the New Democrats would choose to attack the Liberal Party on this issue, given their party's less than stellar role in combatting climate change.

In 2005, it was the NDP's political antics that led to the fall of the Liberal government, thereby knowingly ending any chance that Canada would take real action on climate change. The Liberal government's project green would have, in fact, taken Canada 80% of the way to meeting its Kyoto targets. The Conservatives have since reduced the previous Liberal government's greenhouse gas emissions targets by an astonishing 90% and will not even meet their very weak target.

My friend and colleague for over two decades, the leader of the Green Party, blamed the NDP for putting politics ahead of the planet, risking the collapse of an urgent climate change conference in 2005 aimed at salvaging the Kyoto protocol. She begged the NDP to rethink the issue. A newspaper article stated, when the leader of the Green Party wrote her 2009 book,

“It was to no avail,” she wrote, highlighting the incident as proof that both [the NDP] and [the current Prime Minister] were willing to sacrifice the key Kyoto negotiations...

I have spent the last 25 years researching climate change, consulting for Environment Canada, serving on the Intergovernmental Panel on Climate Change, speaking around the world on climate change and its impacts, undertaking research 500 miles from the North Pole, and watching the glaciers recede and recede. I came to Ottawa to fight for real action on climate change, and I currently chair the all-party climate change caucus, which I founded. I also serve on two United Nations bodies, one regarding climate change and the second one regarding disaster preparedness.

It is, therefore, painful to say that the Liberal Party will not be supporting the NDP's motion as the motion is dishonest about my party's record on climate change. I ensure my speeches are accurate and scientifically rigorous, and that my arguments are fact-based and not hyperbole and rhetoric. The Liberal Party does agree with two of the three sections of the NDP motion, namely, that there is grave concern with the impacts of a 2° Celsius rise in global average temperature and the government should immediately table its federal climate change adaptation plan.

Let me set the record straight on the Liberal Party's action on climate change and then outline the wilfully blind position of the current Conservative government and what it should be doing to protect the future.

In 1998, Canada signed the Kyoto protocol, pledging to reduce greenhouse gas emissions by 6% from 1990 levels by the commitment period ending in 2012. In 2000, the Liberal government introduced its action plan 2000 on climate change and committed $500 million on measures to reduce greenhouse gas emissions, or GHGs.

In 2002, Canada formally ratified the Kyoto protocol. The Liberal government called it “an important milestone in Canada's contribution to addressing climate change”. The government also released “Climate Change: Achieving our Commitments Together”, which proposed a three-stage strategy to achieve GHG reduction goals through incentives, regulations, and tax measures.

In 2003, the Liberal government pledged an additional $1 billion for its climate change plan and offered incentives to consumers and industry. Total federal spending on Kyoto reached $3.7 billion. In 2004, the Liberal government issued the one-tonne challenge, which called for every Canadian to cut GHG emissions through such activities as recycling, taking public transit, and using programmable thermostats. From the early 1990s, I have been challenging my own students at the university to reduce their personal and family GHGs.

In 2005, the Kyoto protocol officially came into force. Within three weeks of the date, the Liberal government and Canada's carmakers reached an agreement regarding emission standards. Car companies were to produce vehicles that would cut emissions by 5.3 megatonnes by 2010 as part of Ottawa's Kyoto plan. Within two months of Kyoto coming into force, the Liberal government announced details of its Kyoto implementation plan, project green, pledging $10 billion to cut greenhouse gases by 270 megatonnes a year by 2008 to 2012. However, in 2006, with the help of the NDP, the Conservative government came to power and immediately killed project green. Independent third-party stakeholders stated that the plan would have allowed Canada to come close to meeting its Kyoto targets.

Since coming to power the Conservative government has reduced the Liberal GHG targets by an astonishing 90%, spent $9.2 billion and claims it is half way to meeting its very weak GHG targets. The Conservative government's latter claim is particularly remarkable given that as recently as the fall of 2011, the government was on track to reach only 25% of its very weak target.

Weak target or not, how did the government manage to improve its performance by an astounding 100% in just over six months? First, the government used a higher start value, a projected value, rather than actual emissions. Second, it changed the accounting rules. Third, the government took credit for someone else's hard work. The June 2012 report from the National Round Table on the Environment and the Economy made it clear that action taken by the provinces and territories is really responsible for three-quarters of Canada's GHG reductions. Moreover, the round table's report echoed that of the Commissioner of the Environment and Sustainable Development, which showed that in 2020 Canada's emissions would be 7% above the 2005 level rather than the promised 17% below.

Fourth, the government removed any climate accountability measures through its draconian omnibus bill, Bill C-38, which repealed the Kyoto Protocol Implementation Act. Because of the repeal, the government will no longer have to publish the climate change plan each year, detailing the measures being taken to meet Canada's commitment. Moreover, the round table will no longer be required to assess each year's plan and offer expert feedback. In fact, the round table no longer even exists as it failed to comply with Conservative ideology. Moreover, the commissioner will no longer have to report regularly on Canada's progress in implementing its climate plan.

Because of the lack of climate accountability measures, Canadians will continue to suffer a Minister of Natural Resources who casts doubt on climate change science saying that, “People aren't as worried as they were before about global warming of 2° and scientists have recently told us that our fears on climate change are exaggerated.” Even flat earth proponents eventually came around. What will it take to convince the natural resources minister that climate change is real?

Because of the lack of climate accountability measures, Canadians will continue to suffer a government that repeats its mantra, namely, that its sector-by-sector approach to climate change is working. Sadly, the approach is just a delay tactic. The government has tackled only two sectors in six years and is yet to take action on the oil and gas sector. Perhaps instead of repeating tired lines, the government should actually review the evidence and experience first-hand what Canadians are living.

The reality is the world is getting hotter. The warmest 13 years of average global temperatures have all occurred in the 15 years since 1997. Increased global average temperatures are expected to increase droughts and floods, and other extreme weather patterns. Recent record-breaking temperatures for June 2012 are what we would expect from climate change. In fact, records for the contiguous United States that have been kept since 1895 show that July 2012 was the hottest month ever.

Whether the government accepts or minimizes the fact that record-breaking temperatures and extreme precipitation are likely changing on a global scale as a result of anthropogenic influences, many Canadians are feeling the economic impacts. In Canada, catastrophic events cost approximately $1.6 billion in 2011 and almost $1 billion in each of the two previous years. In 2012, in many regions across Canada, farmers struggled with hot, dry conditions that devastated their crops.

The Ontario provincial government asked for federal support to help farmers dealing with drought. Farmers were forced to sell their livestock at low prices because the drought had raised feed costs beyond what they could afford. Increasing evidence shows drought conditions will become the norm rather than the exception.

What needs to be done on climate change and done immediately? The NDP is calling for a climate adaptation plan and this is important. For many years, I consulted to Environment Canada's adaptation and impacts research group. Many of its members share the 2007 Nobel Prize on climate change, but it has since been dismantled by the Conservative government. The NDP fails to mention mitigation in its motion. We need both mitigation and adaptation. I will briefly describe omitted mitigation options.

We need sustainable development of our natural resources and all decisions must be based on scientific evidence, must safeguard our environment and natural habitats, and must respect the legal and historical rights of aboriginal people. The federal government must recognize that non-renewable high carbon energy sources are unsustainable. Canada must also have a plan for a transition to more sustainable energy sources and a pan-Canadian sustainable energy and economic growth strategy to succeed in the global economy and to make progress on this 2020 GHG reduction target.

The federal government should collaborate with relevant federal ministers and departments as well as with provincial, territorial, and municipal leaders in Canada to develop a pan-Canadian sustainable energy strategy.

It must also fully consult and accommodate aboriginal peoples when development projects affect their rights and traditional territories. Such a strategy should ensure fairness to all emitters and emitting sectors and regions. It should also include the creation of new markets and opportunities, and improve competitiveness for Canadian companies, particularly regarding low carbon technologies.

Both renewable energy and energy efficiency offer the promise of economic growth, job creation, energy security, and reductions in GHG emissions. The government should therefore develop an action plan to achieve identified targets for the deployment of low-impact renewable energy in Canada for the years 2020, 2030, 2040, and 2050.

The federal government should also develop an action plan to achieve energy efficiency targets for the same decades. The European Union is now on track to deliver a 15% energy saving below business-as-usual by 2020.

To address climate change effectively, we also need a strategy for sustainable transportation in Canada that sets targets for the coming decades and an action plan for phasing out inefficient fossil fuel subsidies in order to achieve the G20 goal of a medium-term phase-out.

The government should develop an action plan and milestones for increasing energy literacy and research, development and deployment of low carbon technology in Canada. It should work in partnership with the provinces, territories, municipalities, labour organizations, industry sectors, aboriginal peoples, and others to develop a clean energy employment transition strategy.

The stakes are enormous. Leading countries are creating a new energy future and investing billions to be at the front of the curve in the new green economy. While the government invested only $3 billion in green stimulus spending, Germany invested $14 billion; the United States, $112 billion; and China, $221 billion in green infrastructure, and in the process created thousands of new green jobs.

Instead of reverting to 1950s thinking of development at any cost, the government should be mapping the best way forward to a prosperous, energy-secure, and healthy future. The government must understand that it is a choice between being a producer and a consumer in the old economy and being a leader in the new economy. It is a choice between decline and prosperity.

Finally, the government must stop embarrassing Canadians on the world stage. Canada's withdrawal from Kyoto sparked outrage in the global community. A spokesman for France's foreign ministry called the move “bad news for the fight against climate change”. Tuvalu's lead negotiator said, “For a vulnerable country like Tuvalu, it’s an act of sabotage on our future…Withdrawing from the Kyoto Protocol is a reckless and totally irresponsible act.”

Try as the government might, through cutting climate programs and research, and muzzling its scientists, the science of climate change simply will not go away, nor will the recognition of the economic impacts of warming and the growing chorus of countries taking action to combat climate change and gain competitive advantage by transitioning to the green economy.

The NDP and the Conservative government must stop polarizing the climate change discussion and resorting to ideological extremes during debate on the issue. Sadly, while climate change is speeding up, Canada continues to slide backwards on the issue. The Conservative government's only response is to greenwash its deplorable record on the environment.

Canadians deserve better, and our children and grandchildren deserve better, and should not be held hostage to the government's short-sightedness, skepticism, and stonewalling on the greatest challenge facing our planet.

Opposition Motion--First Nations, Métis and InuitBusiness of SupplyGovernment Orders

April 19th, 2013 / 10:15 a.m.


See context

NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Mr. Speaker, taking into account the scope and familiar nature of the motion before the House, it is my duty to support the explicit and underlying concepts it contains.

As a result, in my speech today, I will provide some perspective on the realities addressed by the motion by focusing on the confrontational approach that characterizes the modern relationship between the Canadian government and aboriginal people across the country. I would like to read from the motion before us, which states:

That this House call on the government to: (a) abandon its confrontational approach to First Nations, Métis and Inuit in favour of a nation-to-nation dialogue...

First, I will talk about the confrontational approach. At the risk of repeating myself, over the Christmas break, when I was deeply inspired by the Idle No More movement, I was asked to prepare a course and to travel throughout Canada and the United States. I had to do a detour through the United States to get to certain parts of Quebec. In short, I travelled to many aboriginal communities across the country to give a course on the modernization and amendment of the Indian Act, which is related to bills such as Bill C-27, Bill C-38 and Bill C-45.

In the course introduction, I made a point of indicating that the comments made by a number of ministers and stakeholders suggest that they see the affirmation of the identity of first nations in Canada as a barrier to economic expansion. This view is shared by many other stakeholders and is due, in part, to various speeches made in the House. Some ministers and others have been quoted on this issue.

If we look closer, it is true that there is some correlation between the assertive measures that have been taken by aboriginal communities across Canada in affirmation of their identity and the dramatic drop in the stock market value of some corporate entities.

One might assume that this is a fairly simple relationship when, in reality, it is very complex. If there has been a dramatic drop in the stock value, it is because the entity in question was lax and failed to shoulder its corporate social responsibility. That is why this affirmation of identity is undermining the stock market value of these entities. In a way, this premise is flawed because it is not the affirmation of aboriginal identity itself that is creating a barrier to economic expansion; rather, it is the lack of transparency and the financial wrongdoing observed in remote areas.

Successive Canadian governments and all of the other parties have tried over the years to put Indians in a box, if I may say so. In other words, they have tried to restrict the jurisdiction, the affirmation of identity, the social, cultural and economic affirmation of first nations, in order to give economic entities more peace of mind. This government has been even more obvious about it than its predecessors and is moving forward with a corporatist agenda, primarily promoting natural resources extraction as an economic engine and key component of economic development across the country.

I simply wanted to point that out. I should technically be talking about how shocked nationalists are in Quebec right now, because they are also dealing with a conflict situation that can lead to confrontation. However, that is a different story, and I will discuss the situation with the appropriate stakeholders in due course. There you go.

This situation reveals the selective and preferential nature of the relationships between aboriginal communities and the Canadian government in 2013. The motion before us refers to a comprehensive land claim that has not been addressed since 1991, and it is not the only one. I will give some concrete examples in a few seconds. Unfortunately, this lack of dialogue between stakeholders is a reflection of the reality of a number of contentious aboriginal cases across the country.

Successive governments, and this government in particular, could be criticized for cherry-picking. In other words, the Conservatives are choosing which stakeholders they want to talk to. In some respects, although this situation is not so widespread, I find it problematic enough to bring it to the attention of the House.

There are some community management organizations and band councils that are essentially puppet governments. The Conservatives hand-picked, cherry-picked some pawns. These people were put in place in strategic communities to speak out in favour of proposed policies. This is not necessarily widespread, but it is common enough that I wanted to mention it today.

The government is trying to interfere in tribal politics. It chooses representatives. That is why some communities have really spoken out. They have such strong social, economic and cultural foundations that federal transfers and support seem marginal. These people are more autonomous.

Strangely enough, as in the case of the situation that has been going on since 1991, the current government will simply choose to ignore remote communities because they are too strong and they have developed energy policies that the government is unhappy with.

What this government wants are good, servile, submissive, accommodating and easily manipulated Indians. It is as though the government is a puppeteer making its marionettes dance.

I say this because in recent years, I have found that I often end up out on the sidewalk, strangely enough, during big community meetings.

I would like to share an example that I will continue to come back to until the end of my term. A supposedly historic meeting was held in January 2012. A number of community representatives were invited. However, the invitation was not extended to all communities, even though the government claimed to be inclusive. The government wanted to develop a new relationship with first nations peoples. I was personally escorted by intelligence officers. I was essentially kicked to the curb. As I was on the sidewalk, I realized that I was in good company. There were other representatives from several nations who were deemed unwelcome.

So much for the inclusive aspect of this new relationship.

I think that is quite deplorable. Things like that should not be happening in 2013.

Cherry-picking and choosing pawns and representatives for community management organizations is highly objectionable. That is why, in 2013, the Conservatives are seeing a huge amount of opposition from the first nations. That is also why their economic development plan has stalled and is really struggling.

Our international reputation is plummeting, just like the stock market value of some companies that are ignoring their social, environmental and other responsibilities.

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Thank you.

My second question is for Mr. Ewins.

You talked a lot about the need for a long-range outlook and smart plans, an approach that includes environmental assessments. How do you think Bill C-38 and Bill C-45, two omnibus bills introduced in the House, could change the various pieces of legislation addressing habitat conservation?

Joshua McNeely Ikanawtiket Executive Director, Maritime Aboriginal Peoples Council

Good morning, and thank you, Mr. Chair.

Thank you, committee members, for inviting the Maritime Aboriginal Peoples Council to speak on the very important matter of complementing and enhancing habitat conservation in Canada through a national conservation plan.

Mr. Chair, please forgive me for forcing you to attempt to say Ikanawtiket. That is a Mi’kmaq word for a leader's path toward environmental respect.

I apologize for not being able to provide my seven-page brief in advance. However, it has been delivered to the clerk for translation. I also have with me two books that have already been distributed, which are a more detailed submission on the subject matter. Those were made to the 11th Conference of the Parties to the Convention on Biological Diversity this past October in Hyderabad, India. English and French copies have been delivered to the clerk for distribution.

On our website, www.mapcorg.ca, you can also find several other submissions on very similar topics, such as the implementation of the Species at Risk Act. Unfortunately, I do not have hard copies of those to distribute today.

I'm here representing the Mi’kmaq, Maliseet and Passamaquoddy aboriginal peoples continuing on traditional ancestral homelands throughout the maritime provinces. Unfortunately, I do not have the time to give you a background of our family of organizations, but I do have with me a detailed brochure and audio CD. It is only in English, unfortunately, so I can't distribute it to you, but if you want a copy in English, it's here. The website and the brochure should broach your questions you may have for the study about the "who" and the "what".

Respecting the standing committee's wishes, I'll try to keep my presentation to 10 minutes. I apologize if I go over a minute. I encourage the distinguished committee members to read our full seven-page submission in the red and blue booklets. I respectfully suggest that if committee members do not appreciate our history and plight as a collaterally damaged people, then we are talking to each other in different languages, with no translator.

To start, the term “conservation”, at least in the colloquial western definition of the term, is a foreign concept to aboriginal peoples. Also the term “habitat”, to us, means our home, the home of our ancestors, and the future home of our children’s children. From the aboriginal eco-centric world view, it is impossible to consider the protection of something to be separate from using it and sharing it.

We have been trapped before by the settler’s use of words. Although on its face a national conservation plan seems obvious, terms such as “habitat” and “conservation” can be tricky, sticky, and icky, to our way of understanding. Answering your six questions can quickly become a trap, if we are not first conversing in a common language or understanding. Rather than at this time supporting, or not supporting, the recommendation to develop a national conservation plan, I respectfully suggest that the questions posed lead us away from the reality that conservation and sustainable use are inseparable.

The state authors of the Convention on Biological Diversity clearly went out of their way to ensure that the term “conservation” would not be used on its own. In fact, the term has never been defined under the convention. This is for a very good reason. Throughout the convention the words “conservation” and “sustainable use” are used side by side, intending to express a single term, “conservation and sustainable use”, so that no party to the convention would emphasize the preservation of something over the use of it, or attempt to draw lines on maps or in the law between what is conserved or preserved, and the rest of the world governed by business as usual.

To us, the English term “conservation” is misleading because it suggests that the natural world is something separate from our home and ourselves, and that it needs protection from a foreign being that does not belong. Because of this distinction, I dare say it is extremely difficult today for aboriginal peoples with an eco-centric world view, to talk with non-aboriginal peoples with a homocentric world view about conservation. After many generations of settlers living within our homelands on Turtle Island, we are still not talking the same language.

To that thinking, I must add the pivotal preambular aspect of the convention, which affirms that the conservation of biological diversity is a common concern of humankind. That in itself wipes away any notion that the use of natural resources solely falls within the limits of national jurisdiction without regard to other international conventions, accords and protocols, and indeed, internal state supreme laws—in this case the Constitution Act of 1867 and the Constitution Act of 1982.

My presentation is also derived from the fundamental reality just recently manifested in the international community in September 2007, that there is:

...the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources....

That is from the United Nations Declaration on the Rights of Indigenous Peoples.

Even with this recent declaration we raise an unfulfilled principle in Canada, which was agreed to 20 years ago in Rio de Janeiro. It reads:

Indigenous people and their communities and other local communities have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.

We note that in some presentations before the standing committee, the common statement was repeated on how important it was for the government to find opportunities to support local initiatives and link those initiatives into a greater whole, thus providing a basis for long-term and robust solutions.

But what opportunities will the Government of Canada demonstrate as support for the full and effective participation of aboriginal peoples in conservation and sustainable use of natural resources, when Bills C-38 and C-45 strip away vital protections and no thought is given to invite or consult with aboriginal peoples; when aboriginal peoples continue to be denied access to lands, water, and resources due to massive clear-cuts, mega-mining, hydroelectric projects, and other large resource exploitation projects; when Canada does not show respect for the inherent rights of aboriginal peoples and continues to posture at international forums that aboriginal peoples do not have rights to the resources or genetic resources found within their traditional ancestral homelands and territories; when in the majority of instances where indigenous knowledge is invited, decision-makers consider it lesser or an afterthought, or a plug to fill in a few remaining information gaps that western science has not yet answered; when in this past decade, informative and inclusive round tables, stakeholder committees, advisory bodies, and other forums have been reduced to updates-only tables, or are cancelled altogether under the guise of austerity budget slashing—can't this Government of Canada negotiate appropriate royalties to at least accrue money to fund basic public forums?—when the Government of Canada has knelt before corporate resources to allow the abuse of the Metal Mining Effluent Regulations by subsidizing mining companies with capital cost savings, by not requiring the construction of multi-million dollar, engineered, metal mining effluent-holding ponds by virtue of orders in council, which designate natural lakes to be added to a schedule and be listed as a company metal mining effluent-holding pond; and when in 2012, the Government of Canada has taken aboriginal artifacts from our territories against our will and shipped them to Ottawa for deep storage?

The promise to support, respect, preserve, and maintain the knowledge and world view of aboriginal peoples was made by the Government of Canada in 1996 with the release of the Canadian biodiversity strategy. Seventeen years later we are still waiting for Canada to begin to fulfill its promises to aboriginal peoples.

Last week I learned, as many other Canadians did, that Canada has withdrawn from the United Nations Convention to Combat Desertification. A spokesman suggested that the convention was costly for Canadians and showed few results, if any, for the environment. May I respectfully suggest that the Right Hon.Prime Minister and his cabinet take an introductory course on the United Nations as a multilateral discussion forum to learn that the United Nations conventions and protocols represent a culmination of the discussion and discourse of the representatives of seven billion people to formulate a common humankind approach to a problem.

In a global environment and global economy, it is ludicrous to think that Canada, responsible for the second largest land mass in the world, can act alone or not respond to a global call for action, a call that reverberates throughout the Canadian public and most definitely has been raised time and again by generations of aboriginal peoples.

The EnvironmentAdjournment Proceedings

April 17th, 2013 / 7 p.m.


See context

Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, after the government received yet another embarrassing grade on the environment, I asked whether the Minister of Fisheries and Oceans would do the right thing and restore funding to the Experimental Lakes Area, or ELA.

Let me begin by discussing the government's dismal record on the environment, followed by why the government should fund the ELA.

The 2008 Climate Change Performance Index ranked Canada 56th of 57 countries in terms of tackling emissions.

In 2009 and again in 2013, the Conference Board of Canada ranked Canada 15th of 17 wealthy industrial nations on environmental performance.

In 2010, Simon Fraser University and the David Suzuki Foundation ranked Canada 24th of 25 OECD nations on environmental performance.

Having received such failing grades, an accountable, responsible government would have taken meaningful action to protect our fragile environment and the health and safety of Canadians, while building a vibrant green economy.

Instead, the government gutted environmental legislation of the last 50 years through economic plans 2012 and 2013 and its draconian omnibus implementation bills, Bill C-38 and Bill C-45, severely cut the budget to Environment Canada, cancelled the National Round Table on the Environment and the Economy, and continues to muzzle government scientists.

The government's appalling environmental policies have been rightly criticized by policy makers, scientists, Canadians, the international community and repeatedly by the prestigious international science journal Nature.

The Conservative government once again had the opportunity to improve its negative performance by changing its reckless decision to close the world-renowned ELA, with 58 lakes, and considered to be one of Canada's most important aquatic research facilities. Instead, the government began dismantling the station at the end of last month. In the space of a few weeks, 11,000 Canadians signed a public petition, sent hundreds of letters of support for the ELA to government officials and held rallies across the country.

Leading scientists from around the world and across Canada support the ELA's cause. Liberal MPs held briefings for all members of Parliament and senators and put forth motions to study the value of the ELA and the potential effects of transferring the facility to a third party.

Following the presentation of two Liberal motions regarding the ELA, in both the Standing Committee on Environment and Sustainable Development and the Standing Committee on Fisheries and Oceans the issue was addressed in camera, without public explanation, and the motions are no longer before the committees.

Scientists suggest the Conservatives are trying to silence a source of inconvenient data regarding climate change with the closures of the Polar Environmental Atmospheric Research Lab, the ELA and with the Kluane Lake Research Station on the chopping block.

The government should know that, despite its denial and stonewalling, the science of climate change simply will not go away.

Motions in AmendmentStrengthening Military Justice in the Defence of Canada ActGovernment Orders

March 21st, 2013 / 10:55 a.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I generally applaud efforts to make points in speeches in this place relevant.

I raised a point of order when my amendments on Bill C-38 were being completely ignored by virtually every set speech of the Conservative members of Parliament. At the point where one member was talking about the economy of Greece, I rose and asked for the relevance to the amendments before us. I was told that they were generally on point because the subject of the bill was economic growth and development.

Therefore, certainly the member for St. John's East was in the ballpark of discussing my amendments, and many previous speeches on other bills have been way out of left field.

The EnvironmentAdjournment Proceedings

March 20th, 2013 / 7:45 p.m.


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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, before getting back to the Navigable Waters Protection Act, I want to point out that my hon. colleague was saying that the Canadian Environmental Assessment Act and the fish habitat protection provisions of the Fisheries Act could apply. However, these two pieces of legislation were targeted in Bills C-38 and C-45. They were amended and the protections were reduced. In fact, the government is attacking environmental protection. Why is there a double standard in the Navigable Waters Protection Act?

If my hon. colleague is saying that we do not need to protect the environment, then why is it that the Treasury Board is protecting the lakes in one riding in particular? This supposedly does not protect the environment. However, those lakes are protected when tens of thousands of other lakes and rivers in Canada are not.

The question needs to be asked. Why this injustice? Why is it that the Treasury Board is protecting lakes in one riding full of rich and famous people? What are we doing for all the other Canadian lakes?