Bill C-38 (Historical)

Jobs, Growth and Long-term Prosperity Act

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

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

Opposition Motion--Science

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

Mr. Speaker, I would like to mention that I will be sharing my time with the hon. member for LaSalle—Émard.

Today's debate is vital. The current ecological and economic crisis is a reminder that Canada needs to invest in public science and basic research and freely distribute scientific data. Climate change is real, and we are already suffering from its effects. We are at a crossroads, and we need science now more than ever.

Need I remind hon. members that, just 40 years ago, our industries were polluting the St. Lawrence River, we were burning toxic waste and miners were dying of cancer because they did not have the information and protection they needed?

We have come a long way since then. We set up research institutes, cleaned up our lakes and rivers and decontaminated thousands of sites across the country, but there is still a lot of work to be done. Today, we are paying for the mistakes of the past.

Right now, the situation in Canada is of grave concern. This Conservative government is undoing all the progress that we have made over the past decades. By making cuts to scientific research, censoring scientists, abolishing our environmental laws and destroying world-renowned research institutes, such as the NRTEE, the government is setting us back 50 years.

The experimental lakes program is a very good example. For 40 years now, the research conducted on 58 lakes has allowed us to make extraordinary advances in the field of biology that are recognized throughout the world. For example, this research has helped us to better understand the blue-green algae phenomenon and the role of phosphates in the development of cyanobacteria. This research has helped to improve water quality in many of our lakes. And that is not all. The research on these lakes in their natural state has helped to advance scientific studies at the international level. This is the only laboratory of its kind in the world.

Yet the Conservatives do not really seem to understand the importance of this institution. Their decision to do away with the experimental lakes program is a monumental mistake. The government is saying that it will save $2 million by closing this site, yet it costs only $6,000 to operate and replacing it or getting a private institution to run it would cost several million dollars.

What is more, the Conservatives are not considering the cost of depriving our country of data that are essential to preserving the quality of our water. The Conservatives seem to think that this is no big deal, that we will stick future generations with the bill and that they will deal with the problem.

In addition, this week we learned that Fisheries and Oceans Canada had locked up the Experimental Lakes Area cabins and was preventing scientists from accessing the site. Yet Ottawa had announced that it would continue managing the site until next September, but that it would not be paying for any research after March 31.

For months the government has been saying that it is looking for a private sector organization to take over the program, but nothing has happened yet. Britt Hall, a biochemist at the University of Regina and the director of the Coalition to Save ELA, is worried that 44 years' worth of data will be lost and that experiments will be cancelled.

Researchers at Trent University in Peterborough had to stop their work. They were working on the use of microscopic amounts of silver to prevent bacteria. It will be impossible for them to finish their research.

Cuts at the PEARL atmospheric research station in Nunavut also demonstrate this government's lack of a long-term vision. This winter, researchers were not able to gather data. It is important to continue funding research in areas as vital as climate change.

The list of this government's strategic errors is long: cuts to experimental farms and Mont-Joli's Maurice Lamontagne Institute, abolishing Statistics Canada's long form census, cuts to fishery research, cuts at the Canadian Food Inspection Agency, at the Natural Sciences and Engineering Research Council of Canada's major resources support program, and so on.

Thanks to documents obtained under the Access to Information Act, we recently learned that there is concern amongst Environment Canada scientists who are responsible for monitoring air quality. Many of them work in offices in Montreal, Ottawa, Toronto, Edmonton and Vancouver, ensuring that we are complying with laws limiting land and atmospheric pollution. Employees are saying that the government will eliminate positions and that monitoring will be compromised. There is cause for concern.

When the Minister of the Environment goes to Copenhagen, Rio or Durban and says that his government is protecting the environment, but we here in Canada see that cuts are being made to essential, basic scientific research, there is every reason to doubt the sincerity of his remarks.

Yet public research is essential for a developed economy such as ours. The three key players in scientific research—universities, the private sector and the government—all play a fundamental role. The government funds research through programs, institutions and tax credits. Therefore, why eliminate these incentives in science and continue to offer tax breaks to oil companies? That is a double standard.

Public research cannot always be replaced by the private sector. Take Statistics Canada's consumer price index, for instance. Only the government can measure it, and companies really need that information.

Yves Gingras, a professor who is the Canada Research Chair in history and sociology of science at UQAM, said:

People often say the Conservatives are opposed to science. I think instead that they are in favour of strategic ignorance, so they can justify their inaction in certain areas that could hurt industries. When fishers observe that there are fewer fish, the government will be able to tell them that it does not know why and that the government is not to blame if it could not predict the shortage.

It is troubling to see that these cuts to science are accompanied by drastic changes in environmental legislation. With Bill C-38, the Conservative government drastically modified the environmental assessment process for hydrocarbons. Consultations were reduced to a minimum, almost to nothing, in fact. With Bill C-45, it took away all protection for our lakes and rivers.

All of this is accompanied by a culture of secrecy and censorship that has been imposed by the Conservative government since 2006. The prestigious Royal Society of Canada, an institution that has been around for more than 100 years and whose members are scientists in all fields, wrote an open letter to condemn the Conservatives' attitude. The Royal Society of Canada made a very simple request, namely, that the government stop preventing scientists from announcing their discoveries to the Canadian public. It is a fairly basic request. In a democratic society, it is important to discuss what action to take based on fact rather than simply being guided by ideology.

For instance, the census is one of the tools that enabled Canada to become one of the most developed countries in the world. It is one way for the government to develop targeted, effective public policies. For instance, it tells us what the average age is in a given area, which helps public health authorities target their actions. It guides entrepreneurs who are looking for opportunities, by mapping out the average income in a given region. It also helps community organizations that want to reach out to a specific clientele.

Let us talk about the status of French, since today is the International Day of La Francophonie. The status of French in Canada is another example that proves how useful the census can be. The data collected made it possible to accurately follow major linguistic trends, thereby allowing governments to adapt their policies in order to ensure the vitality of the French language. Unfortunately, the Prime Minister could not care less. He has decided to put his own ideological interests ahead of the country's interests.

For a government that claims to care about important issues like economic development, public health, the environment and the status of French, its attitude—tossing aside all scientific data and muzzling scientists—is not very responsible.

In my opinion, good public policies should be based on proven, credible facts. We will continue to advocate for complete freedom for all Canadian researchers and an end to this censorship.

I hope the Conservatives will put their shoulders to the wheel and support this important motion, so that our scientists can restore their image, regain their zeal and continue to participate in the essential research that Canada so desperately needs. Above all, I hope that we can give new hope to young Canadians who are thinking about a future in innovation, research, science and technology.

Response to the Supreme Court of Canada decison in R. V. Tse Act

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-55, An Act to amend the Criminal Code, which has been introduced in response to the decision of the Supreme Court of Canada in R. v. Tse.

This bill is now at third reading and the NDP will support it. The bill finally corrects a number of previous errors. In response to the Supreme Court's decision in R. v. Tse, it amends the Criminal Code to provide for safeguards related to the authority to intercept private communications without prior judicial authorization under section 184.4 of the Code. The bill makes three provisions in particular.

First, it requires the Minister of Public Safety and Emergency Preparedness and the Attorney General of each province to report on the interceptions of private communications made under section 184.4. Second, it provides that a person who has been the object of such an interception must be notified of the interception within a specified period. Third, it narrows the class of individuals who may make such an interception and, lastly, limits those interceptions to offences listed in section 183 of the Criminal Code.

We are genuinely pleased that the Conservative government has finally introduced Bill C-55. I say "finally" because the government has dragged its feet on this matter.

This bill refers to the obligation set by the Supreme Court, which revealed a deficiency. There was an imbalance between the right to privacy under the Canadian Charter of Rights and Freedoms and the right to security. There was thus an intrusion of privacy. That is why this bill now strikes a balance between the right to privacy and the right to security.

We now have accountability. Now no one may engage in wiretapping at will, without being accountable. A person who has been wiretapped must be notified within 90 days. Why is this aspect important? Now if an individual who has been wiretapped believes that his or her right to privacy under the Charter of Rights and Freedoms has been violated, that individual may institute legal proceedings against the individuals in question and seek redress. That will help limit overzealous peace officers.

In addition, the number of individuals who may conduct wiretap will now be limited, a fact that also helps strike a balance.

However, the bill is also a response to a total failure by the Conservative government after it introduced its infamous Bill C-30. That bill constituted a direct attack on people's right to privacy and certainly violated the Canadian Charter of Rights and Freedoms. It was also drafted by the Conservatives in a wholly improvised manner.

It is very important that the NDP remind the Conservatives how crucially important and even essential it is for them to scrutinize all new bills they table in the House of Commons in future. Those bills will have to be well analyzed and checked, and reviewed by lawyers to be sure that they comply with the Canadian Charter of Rights and Freedoms and the Constitution of Canada.

As a result, the Supreme Court will not be required to hear lengthy and costly cases that waste the precious time of all Canadians. That is essential, and I want to recall that point so that the Conservatives learn a good lesson from it.

It is very important to go through all the stages in a democratic process properly. Unfortunately, the Conservatives have a bad habit of wanting to do everything at lightning speed without due regard to the democratic process.

I need only recall its bad budget implementation legislation, Bills C-38 and C-45, omnibus bills of 400 pages each that prevent us from doing our democratic job and from getting to the bottom of things, just as the notorious Bill C-30 did.

In that case, the bill does not make it through the process to committee stage and is neither examined nor evaluated. If there are any deficiencies or aspects that do not comply with the Canadian Charter of Rights and Freedoms or are unconstitutional, we wind up with a botched job and have to turn to the Supreme Court to assert our rights.

That is why the judgment in R. v. Tse is important. I hope it will finally teach the Conservative government a lesson so that it acts in a systematic and democratic manner in future in order to ensure compliance with the Canadian Charter of Rights and Freedoms and the Constitution of Canada.

I will go into slightly greater detail on the subject of Bill C-55. This bill requires that an individual whose private communications have been intercepted in situations of imminent harm be notified of the situation within 90 days, subject to any extension of that period granted by a judge. The bill would also require annual reports to be prepared.

The preparation of annual reports on interceptions of telephone surveillance is truly important in determining whether abusive wiretap has taken place and in being able to monitor such wiretaps. The requirement to prepare an annual report will help keep an eye on all that. The reports will also enable other authorities, such as the Office of the Auditor General, to monitor what is being done in that regard to ensure that the act and the spirit of the act are complied with, that there are no abuses of justice and that the privacy of Canadian citizens is respected. Annual reports must be prepared on the manner in which information intercepted under section 184.4 is used.

These amendments would also limit the authorization that police officers are granted to use this provision. As I mentioned, all peace officers currently have access to it. Its use would thus be limited to the offences set out in section 183 of the Criminal Code.

It is very important that there be accountability for this wiretapping. We know that there may be threats or moments when a security breach can suddenly call for warrantless wiretaps. At that point, however, there must be accountability because there must be no serious abuses or violations of citizens' privacy.

On that point, I consider it important to note again that the NDP believes it has a duty to ensure compliance with the Canadian Charter of Rights and Freedoms and that public safety is not undermined.

To sum up, it is important to remember that this new bill is no more than an update of wiretapping provisions that the Supreme Court ruled unconstitutional. The court also set new parameters for the protection of privacy.

We believe that the bill meets the standards, and that Canadians have good reasons for apprehension about the Conservatives’ bill with respect to privacy. As I said, their track record in this area is not very impressive. Fortunately, this bill brings balance to the earlier imbalance. We must continue to be vigilant, however.

The NDP will continue to be vigilant with respect to the Conservatives’ bills. In the past, we have seen abuses. We saw abuse in the infamous Bill C-30. We have also seen the familiar dichotomy that the Conservatives love to present, whereby everything is either black or white, but there is no grey, so that is completely false. Bills must be referred to committee for study.

I am happy that my colleague from Beauport—Limoilou has returned to hear my comments, because he quite rightly mentioned just now the importance of committee work, and how essential committee work is to a sound democracy. I am a member of the Standing Committee on Environment and Sustainable Development. Like my hon. colleague from Beauport—Limoilou, I know how very important this little-known work is. We meet with experts, and we propose amendments and additions to bills to ensure that they are as close to perfect as possible, that they respect the Canadian Charter of Rights and Freedoms and the Constitution, and that they will be worthwhile and improve the well-being of Canadians in our wonderful country.

In closing, we find Bill C-55 well constructed. We appreciate it, because it finally brings balance between privacy and the need for security. That does not mean that we support all of the Conservatives’ bills. On the contrary, they have introduced abusive and infamous bills in the past. Bill C-30 was a horror—need I say again— because it was an absolute threat to people’s privacy. It was a purely conservative bill in the ideological sense of the term. It was an ideological vision.

I know that members who sit on the Standing Committee on Justice and Human Rights criticized Bill C-30 repeatedly. I further believe that my colleague from Beauport—Limoilou was a member of the committee at the time. No, not quite. However, I know that other colleagues, for example my colleague from Gatineau, worked very hard to criticize the infamous Bill C-30, which was a genuine threat to privacy.

Bill C-30 regrettably demonstrated that the Conservatives can often say outrageous things. Truly outrageous things were said in the House when Bill C-30 was introduced. There were incredible dichotomous comments such as “either you are in favour of security and safety or you are on the side of the pedophiles”. It was a horrible speech with no room for grey areas or other comments. After all that, they backed down on Bill C-30 and introduced a bill that made sense—Bill C-55. I do not often congratulate the Conservatives. They should make the most of it today.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I thank my hon. colleague from Beauport—Limoilou for his excellent speech, which was well researched and explained. He gave a good overview of this legislation and its origin. This was the result of an absolute mistake on the part of the Conservative government, which did not do its homework and brought in a bill that undermined our integrity and our right to privacy.

This bill finally achieves a balance between the right to privacy and the need for security. That was very important. He also mentioned that the government sometimes tended to get in the way of the democratic process and democracy. Bill C-38 and Bill C-45—two undemocratic omnibus bills—are examples of that. Another example is the work done in committee and the abuse of power, in committee, when the government chooses to hold in camera meetings.

I would like to hear what the member thinks about the fact that the government should act much more democratically and should respect the Charter of Rights and Freedoms and the Constitution.

Motions in Amendment

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, as we know, Bill C-55 is of great interest to me, particularly because it reveals and illustrates the extent of the Conservative government’s failure. The government always wants to move too quickly without showing any concern for our country’s most democratic and most important documents, the Canadian Charter of Rights and Freedoms and the Constitution.

On this topic, I would like my hon. colleague to explain how the failure of Bill C-30 and the recent introduction of Bill C-55 show that it is important, when drafting a bill, to take the time to ensure that it is consistent with the Canadian Charter of Rights and Freedoms and Canada's Constitution.

The fact that the Conservative government wanted to do everything in its power to push through Bill C-30, even though it respected neither the substance nor the spirit of the charter, is indicative of the government's lack of interest in and sensitivity to the importance of Canadian institutions.

That is the question I would like to ask my hon. colleague, particularly in view of omnibus bills like C-38 and C-45, which were put together very quickly and did not comply with the prescribed time limits.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I would like to thank the hon. member for her excellent speech and the comments that she made about Bill C-55.

Throughout this early afternoon, I listened to what the other members had to say about the importance of this bill, which will remedy a flaw or close a loophole that the Conservatives left in Bill C-30, which is truly an aberration. The Conservatives ended up abandoning this bill because public pressure put them in their place.

The Conservatives are in the bad habit of doing things too quickly, without worrying about respecting the charter and the Constitution, for example. This is a problem that we do not mention often enough and a Conservative shortcoming.

I would like the hon. member to comment on omnibus bills such as Bill C-38 and Bill C-45, two bills that are nearly 800 pages long and that were examined very quickly. The government does not take the time to check whether it is abiding by Canada's key pieces of legislation, namely, the charter and the Constitution.

Technical Tax Amendments Act, 2012

[Tarik Brahmi, NDP, Saint-Jean, QC]

Mr. Speaker, it is a great honour today to take part in the debate on Bill C-48, the short title of which is the Technical Tax Amendments Act, 2012. Its full title is An Act to amend the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the First Nations Goods and Services Tax Act and related legislation.

This is obviously an enormous bill, comprising nearly 1,000 pages. More particularly, it is a very technical bill for the majority of members and myself, who are not tax specialists.

The purpose of Bill C-48 is to make amendments to the Canadian tax system that have been developed over more than a decade. Although we may wonder why the bill is long and voluminous, we can downplay that aspect because this bill nevertheless deals with a single subject, which was not the case with the mammoth bills the government previously introduced, Bills C-38 and C-45. Those bills concerned matters that were unrelated but that had nevertheless been grouped together based on an utterly debatable and debated logic.

Let us talk a little about the importance of taxation to Canadians, especially in this month of March when all our constituents are completing their tax returns. I do not believe our constituents are opposed to the idea of paying taxes, but they are appalled at times to see how their taxes are used at every level of government.

We are currently thinking of Quebec, in particular. In my riding, I hear a lot of talk about the Charbonneau commission and about the investigations that UPAC is conducting in Quebec on how taxes have been diverted from their primary purpose, the creation of infrastructure, at the provincial and municipal levels. Faced with misappropriation and corruption, Canadians—and I believe this is particularly true here in Quebec—are appalled at times by the wrongful manner in which their taxes are used; they are not being used properly.

When taxes are used properly, to expand infrastructure, for example, Canadians are quite happy to take part in this national effort. They are even asking us to do more, particularly with regard to infrastructure.

Although we can only be pleased that good measures are finally being included in Canada's tax legislation, we have reason to be concerned about the size of a bill that is nearly 1,000 pages long. Although it is true for all governments, this nevertheless shows that this government in particular should manage the tax code more effectively and work harder to ensure that statutory measures designed to enact tax proposals are regularly introduced.

With respect to the matter before us, the last technical tax bill was passed in 2001. In the update that she tabled in the fall of 2009, Sheila Fraser, then Auditor General of Canada, said she was concerned that at least 400 technical amendments had not yet been adopted. Although 200 of the amendments she referred to now appear in Bill C-48, hundreds of others have not yet been passed.

Bill C-48 includes some promising measures. Part 4, for example, provides for technical changes to the Excise Tax Act, repealing a measure that has not been used since 1999. Part 7 clarifies the minister's authority to amend tax administration agreement schedules, provided that does not make any substantial change to the terms and conditions of those agreements. Part 7 also enables the First Nations goods and services tax, imposed under a tax administration agreement between the federal government and an aboriginal government, whatever it might be, to be administered through a provincial administration system that also administers the federal goods and services tax.

This change will simplify administration of the First Nations Goods and Services Tax Act. These are quite promising measures.

This bill also addresses an aspect that is very important for Canadians and, more generally, for people around the world, and that is the problem of tax evasion. My colleague who spoke earlier mentioned Greece. One of Greece's major problems was not necessarily mismanagement or living beyond its means, but rather its level of tax evasion, which was incompatible with the revenue inflows to be expected in a country that aims to be worthy of that name, a country that should have quite a high level of taxation to pay for the goods and services that every government should provide. Where tax evasion levels are too high, they have a direct impact on essential public services. We have seen this in Greece, for example, and it is indeed a serious problem. A number of social problems result directly from those taxation problems.

Any reasonable person would agree that any amendments that increase tax revenue, discourage tax evasion and, as a result, ensure the integrity of our tax system are positive. We therefore need to adopt them as quickly as possible. What is more, most of these measures have already been in place for several years since, tax measures often take effect as soon as they are proposed.

The NDP is of the opinion that cracking down on tax evasion and avoidance should be a priority for any honest and responsible government. That is what we will do when we take office in 2015. We will do even more to make combatting tax evasion a priority.

I must also say a few words about my NDP colleagues who are members of the Standing Committee on Finance and who, since the beginning of this new Parliament, have been continually pushing the committee to complete its study of tax evasion.

One of the questions we have been considering is this: how can we successfully combat tax evasion? We must use measures targeting certain rental properties and Canadian multinational corporations with foreign affiliates. We must impose limits on them with regard to the use of foreign tax credit generators.

I would like to add that the committee heard from a number of witnesses. I would particularly like to quote Denis St-Pierre, who testified during the pre-budget consultations held on October 15, 2012. Mr. St-Pierre, chair of the tax and fiscal policy advisory group of the Certified General Accountants Association of Canada, said:

First, the government must introduce a technical tax amendments bill. The last time a technical tax bill was passed by Parliament was over 11 years ago. Literally hundreds of unlegislated tax amendments to the Income Tax Act—which I showed this committee last year by bringing the Income Tax Act, if you recall—have been proposed, but not yet enacted, which brings uncertainty and unpredictability to the process.

This reminds us of just how much tax professionals, including chartered accountants, want to see a provision that would make their everyday work clearer.

So, for the reasons I have just mentioned, I will support Bill C-48 at second reading. The main reason is that the tax measures it contains are a step in the right direction, and it has already taken too long to incorporate them into our tax legislation.

Employment Insurance

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

Mr. Speaker, I am speaking today to go into further detail about an issue I raised in the House last November. I asked the Minister of Human Resources and Skills Development why access to employment insurance was being further restricted for those who need it most and who have paid into the program.

Just who are the people being denied employment insurance benefits? There are no records being kept. People have come to my constituency office. They are looking for work, and they start looking early in the morning and finish late at night. They want to work. They are not earning any money and are not part of any statistics. They are unfortunate enough to be looking for work either in a field where the government cut nearly 19,000 positions—the federal public service—or in seasonal industries. I am thinking about the man who shingles roofs or the woman who works on-call as a benefits clerk.

In November, I talked about new data from Statistics Canada that showed that only 40% of unemployed workers were collecting employment insurance benefits. In other words, over half of these people are not getting a service for which they pay. This is the lowest access rate in 10 years. It is outrageous.

I cannot accept the answer given by the Parliamentary Secretary to the Minister of Human Resources and Skills Development, who said that around eight out of 10 individuals in Canada qualify for employment insurance. What the parliamentary secretary said completely contradicts the data from Statistics Canada.

Restricting access is part of the Conservative government's pseudo-solution to save money on the backs of the unemployed. This is the Conservative government's scheme to save money by taking it from the fund that belongs to workers, from the benefits they should receive when they are between jobs, until they find another job or return to their regular job when seasonal work starts up again.

Since the introduction of the employment insurance counter-reform, Bill C-38, thousands of Canadians have spoken out against the negative affects these changes will have on our economy, and have called this a direct attack on unemployed workers.

One of the direct consequences of reducing employment insurance is a lower unemployment rate. In turn, claimants will have to have more qualifying hours, and they will receive fewer weeks of benefits. When the unemployment rate goes down in a region, residents there receive fewer weeks of benefits. That is clear.

The government is once again limiting access to employment insurance by changing the appeal mechanisms for workers who are denied. We have proven that it will become increasingly difficult for claimants to appeal. It will have to be done in writing, and the wait times are increasing for responses. Not to mention the fact that there are fewer people to respond to claimants or to potential claimants hoping to receive benefits, since they are among those 19,000 people I mentioned earlier, who are unemployed and looking for work.

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Thank you very much, Mr. Chairman.

And, Minister, it's good to see you. Thank you and your officials for taking time to come and see us.

Let me say at the beginning that it's an extremely important process for us as parliamentarians to look at the mains and supplementary estimates. Of course, given the fact that the report on plans and priorities hasn't come down yet, it makes it difficult for us to analyze these documents without knowing what your department or the government's priorities are. We have until the end of May. I'm hoping that you and your officials will be agreeable to coming back once that report has been tabled, so we can address further questions to you.

I also want move a little bit to the whole second phase of the process of implementing the major changes presented in Bill C-38. Minister, you said at the end of the spring that there would be full, open, and transparent public consultations on the changes prescribed in that legislation. They are very significant as they relate to habitat management.

I know there was an internal deadline of January 1, but I understand that it may now be April 2. In that respect I'd like to ask you a couple of specific questions.

Could you provide us with information on when and with whom consultation meetings were held on these specific provisions, whether with stakeholders or first nations, and the nature of those discussions.

In addition would you give us an indication of what your department's schedule is for engaging in further public consultation prior to the amendments you committed to hearing when Bill C-38 was being debated.

[Keith Ashfield, Conservative, Fredericton, NB]

Thank you, Mr. Kamp. As you likely recall, changes to the act were made primarily to refocus the Department of Fisheries and Oceans on what should be the priorities of Canadians. That focus is on recreational, commercial, and aboriginal fisheries. The amendments come into effect in two phases.

The first phase came into effect upon royal assent of Bill C-38, June 29, 2012. That particular phase enables regulatory efficiency, partnership, and enhanced compliance.

The second round of amendments come into effect on a date to be determined by a Governor in Council, and include amended prohibition factors to guide decision-making and further regulatory tools to enable partnerships. The department is preparing for July of this year as a target for implementation.

[Randy Kamp, Conservative, Pitt Meadows—Maple Ridge—Mission, BC]

Thank you, Mr. Chair.

Thank you, Minister and officials for being here with us today.

As parliamentarians, we were involved in the amendments to the Fisheries Act in Bill C-38 and then some smaller changes in Bill C-45, with most of those changes relating to the fisheries protection provisions of the Fisheries Act.

In your comments you referred a bit to it, but I just wonder if you could expand and tell us why you think those changes to the Fisheries Act were needed. And could either you or your officials provide an update on the status of the coming into force of the provisions and the implementation of the new fisheries protection program?

Northern Jobs and Growth Act

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, I could talk to the member more about what is not perfect consultation, and that is the way the Conservative government has been conducting itself.

The government failed to consult with respect to Bill C-38 and Bill C-45. It failed to consult with respect to the changes to EI. It failed to consult with provincial premiers whose provinces are going to pick up after the people who are turfed off the EI roles because of ineligibility as a result of what the government is doing with its integrity police. Employers and unions were not consulted. There has been a real lack of consultation on the part of the government. The Conservatives have taken the attitude that something is either done now or later but it has to be done. Unfortunately, we are going to be doing more of it in the courts, and that could have been prevented had the government held consultations now.

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, I am very concerned about the lack of environmental protection to deal with any development that will go forward.

As we know, under Bill C-38, the Canadian Environmental Assessment Act was completely repealed and rewritten. The Fisheries Act, and the ability or responsibility of the government to protect fish habitat, has been seriously constrained. The changes to the Navigable Waters Protection Act have resulted in very significant changes, as have the changes to the responsibilities of Canada's offshore petroleum boards. There have been so many changes over the past year that have taken away much of the ability of the government to protect an environment as vulnerable as that in the north that it causes me, and a lot of other people, concern.

That is what exists now, let alone what is going to exist in the future. As I said, the ice melts and marine traffic increases, and the questions of oil spills, of invasive species, continue to rise. We are in no position at this point to protect the environment the way we should, with or without our partners.

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, it is not unlike the way the government responded when we said, under Bill C-38 and Bill C-45, that it was not consulting where it was required to, and it said that it had consulted just fine and that everything was good to go. Subsequently we have seen the Idle No More movement. We have seen first nations groups from one end of the country to the other file suit in the Supreme Court of Canada to challenge the government on that very question of consultation and rights.

That is the point the government continues to miss. Even though there is not an agreement, it fails to recognize the inherent right of the first nations people, the Inuit and the Métis to these lands.

Not Criminally Responsible Reform Act

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

Mr. Speaker, I will start by talking about the implications when someone receives a verdict of not criminally responsible on account of mental disorder. I will focus on understanding the parameters for and applications of such measures in criminal proceedings.

It is an honour for me to be able to inform the public. Over the holidays and over the past few weeks, I toured a number of reserves in Quebec. I was informing people about the amendments set out in Bill C-45, Bill C-38 and Bill C-27. These amendments will affect both the traditional and contemporary ways of life of the aboriginal peoples.

I will do the same thing today. I will be informing the public. My background is in law. I was a litigator for almost six years. I worked primarily in criminal law, but I also worked in mental health. During my years as a lawyer, I was called upon to present a number of applications under subsections 672.11(a) and 672.11(b). Later on, I will talk more about how these two parts of the section are applied.

Based on how the media have covered certain cases over the years, it seems clear that the bottom line is popularity and ad revenue, and that the media will resort to flashy tactics, broad appeal and—to a certain extent—misinformation. This is why some people err in fact and in law. This is not a criticism, because not everyone has a legal background, but there are some misconceptions floating around. I think it is important to get back to the basics with this debate, to talk about the foundations, what it truly means and how these sections are applied.

Subsections 672.11(a) and 672.11(b) of the Criminal Code refer to applications that the defence lawyer and the prosecutor can submit to a judge in a specific case. When we meet our client for the first time in a criminal case—I will talk about my experience as a defence lawyer—we can determine fairly quickly whether the individual is in a fragile state of mind, as we say. When we visit a client in his cell or in the psychiatric wing and he is not in his right mind, the psychiatrists' reports will often say that he is in a fragile state of mind, disoriented and confused.

It is at that point that the lawyer goes to the judge and says that when he met with his client, the client was not able to give clear instructions and seemed to be in a fragile state of mind and somewhat confused. There is therefore reason to believe that he is not in his right mind and should undergo an assessment pursuant to paragraph 672.11(a) or 672.11(b). The crown prosecutor may also broach this subject.

I see this all the time in my practice in my riding. For example, in the past few days, journalists from Radio-Canada—not to name names—have said that drug-related crime in my riding increased by 38% in 2012.

Psychosis and toxic psychosis are recurring themes. That is why I have submitted dozens of requests pursuant to section 672.11 over the years. That is specific to my practice in my riding. There is a lot of violence. The psychiatric wing is very well equipped. There are a number of psychiatrists working in Sept-Îles. Some cases, not the majority, were so serious that clients were routinely transferred to the Philippe-Pinel Institute in Montreal for help.

It can take about a month for a client to leave and get assessed to determine if he is criminally responsible. The client is sent to Montreal or, sometimes, to Sept-Îles. The serious cases are usually sent to Montreal to be assessed. The client comes back with an assessment, and the findings go on for pages.

It is interesting reading material and I miss it very much. I will not hide the fact that I miss my practice. I often receive calls on my business cell phone asking me to represent someone. I have to refuse because I do not have the time.

When the client returns and we look at the case, we examine the assessment and the expert report, which provide information about the circumstances and the expert's opinion. To date, I have never seen the crown challenge the assessment or ask for a second one, but that can happen.

The judge relies on the findings of the expert in Montreal or Sept-Îles, as the case may be. The judge will refer the case of the individual in question to Quebec's administrative tribunal. He will rule that the individual is not responsible and simply transfer the file.

This is one aspect that we have not talked about much. I have not heard anything about this today. None of my colleagues has mentioned this. In Quebec, the administrative tribunal is responsible for the file and will determine the course of action to be taken for people who are not criminally responsible.

To put all of this into perspective, I will add that the hearings of Quebec's administrative tribunal are held by videoconference at the Sept-Îles hospital, in my experience. The tribunal members appear by video. The lawyer is present with his client, who must appear once or a few times a year, if I am not mistaken.

Ultimately, the members of the administrative tribunal will determine what course of action should be taken in a case. That is where the problem lies. I will provide more information on this subject in the next few minutes.

I worked for years with clients with mental health problems. Some but not all people with these types of disorders are stubborn about or opposed to being monitored and taking medication. Many of my clients were opposed to taking medication.

One of the criteria for determining whether people are mentally ill is that they are not aware of their own illness. As a result, as soon as they are not being so closely monitored, individuals who do not realize that they are sick tend to stop taking their medication because they do not believe that they are sick and they do not think that they need to take it. This is a fairly volatile client group. These people may simply stop going to their monthly appointments with their psychiatrist and may just vanish.

I have dealt with this type of situation in my practice. The extremely difficult cases I have had to deal with sometimes gave me the shivers. I will not give any identifying information because of privacy concerns. However, some files dealt with necrophilia, arson and extreme violence. Over the years, I was able to help some of these individuals get back on the right track.

Sometimes, once these individuals were released following their hearing before Quebec's administrative tribunal, they vanished because they were not being monitored closely enough.

I have sometimes received calls after a few months or years from the police or from the client himself who is in a fragile mental state but, in a moment of lucidity, called me to find out the status of his case. I would ask him if he was still taking his medication and where he was in Quebec. I wanted to know where he was because I knew he had high potential for violence. I will spare you the details, but they sometimes keep me awake at night.

In short, these individuals decided to run away, which is why I insisted that, at the very least, they be more closely monitored and that their location be tracked in order to prevent them from vanishing.

I also dealt with arson, which is a fairly common occurrence. Those working in the field of psychiatry see all kinds of people. Sometimes it can be interesting to read about these cases.

The cases could give you goosebumps.

Some recent highly publicized cases have called the existing approach into question. So we must refocus the debate on the best interests of victims, while ensuring that the rule of law and the Canadian Charter of Rights and Freedoms are respected.

I plan on returning to practising law sometime in the future. Perhaps I should not say this, but it comes naturally to me to represent these individuals and help them get back on the right track after they are assessed by the people in Montreal. The judge would simply refer the whole thing to Quebec's administrative tribunal.

As I have already said, decisions from this tribunal do not carry a lot of weight, at least not in Sept-Îles. It may be different in a metropolitan or urban area, where the hearings are conducted in person, but that is not the case where I come from. I remember one case in particular, with someone who took off after the hearing and attended only one hearing with the administrative tribunal. Perhaps this person was eventually caught. An arrest warrant may have been issued. The police eventually tracked him down to make sure that he was not in a fragile state of mind, that he was taking his medication properly and did not represent a danger to himself or others. I am thinking of cases of schizophrenia, since people with this illness can be dangerous to themselves and to the general public.

That is something that poses significant problems. I am thinking about a specific case, but I should mention that he was a martial arts expert and he assaulted anyone who tried to go into his cell or into his room in the psychiatric wing. He thought the Hells Angels were coming to the hospital to get him. That is why he punched people, including large men. The hospital uses “code 88” when a patient becomes violent. All of the large men are asked to help out. It may be “code 89”; I cannot remember anymore. There is an internal code at the hospital in Sept-Îles. Whatever the case may be, he punched out five people. He was in pretty good shape.

He was found not criminally responsible because he could not discern right from wrong. He was a victim of his own illusions. However, he was released and no one knew where he was for a while. A few months went by, maybe a year or two, and then he called me about his case. I knew then that he had stopped taking his medication and appearing at hearings.

That is my summary of the risks and implications, which I submit to you.

The Environment

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

Mr. Speaker, I would like to talk about the navigable waters aspect of Bill C-45.

Pollution and climate change are an increasing threat to Canadian waters, yet the government is dismantling environmental safeguards one by one and is withholding essential water quality data from Canadians.

The government stopped protecting waters and enforcing laws years ago. This negligence has been documented time and time again by biologists and the Commissioner of the Environment and Sustainable Development. In a 2009 report, the commissioner said:

The Department [of Fisheries and Oceans] does not have a systematic approach to monitoring proponents' compliance with the conditions of its project approvals. Nor does it evaluate whether its decisions on mitigating measures and compensation are effective in meeting the no-net-loss principle. As a result, projects may be causing damage to habitat beyond the amount authorized, and mitigating measures and compensation may not be effective.

Instead of changing course and improving the environmental assessment process, the government decided, on the contrary, to axe it. First, Bill C-38 repealed all habitat protection measures and eliminated 99% of environmental studies.

Then, with Bill C-45, waterways are no longer habitats but merely navigable waters. What planet is the government living on? Does it truly believe that rivers and lakes are flat surfaces on which ships simply glide? Is there nothing underneath? Does it think that lakes and rivers do not have water, plants and fish? Come on. The Fisheries and Oceans Canada website clearly says that:

[The Navigable Waters Protection] Act is administered by the Navigable Waters Protection Program (NWPP)/Canadian Coast Guard (CCG) of the Department of Fisheries and Oceans.

In November, when I asked the government to explain why ministers keep saying that the Navigation Act only deals with navigation, the Minister of Transport, Infrastructure and Communities gave this reply:

When we talk about navigation, we are talking about the ships that are on the water, not the fish that are floating and swimming in the water.

That is totally absurd. I am not even sure he realizes the absurdity of his answer.

Before it was gutted by Bill C-45, the Navigable Waters Act ensured that bridge or dam construction projects, or any other project, did not interfere with navigation and did not cause environmental damage. This is a critical difference.

The Conservative government is treating our resources as if they were its private property. Worse still, the Conservatives are selling off our navigable waters by allowing anyone to build structures without any idea of the impact of these projects on fish habitat or water quality. This is a utilitarian and dangerous view of the economy and of our resources. It is true that once our waters become polluted and wasted we will not do anything but navigate, because there will no longer be any fish or drinkable water. The government imposed omnibus bills without consultation. The public is worried and aboriginal people are protesting.

Under the new act, only 97 lakes and 62 rivers will be protected. What will the government do when individuals or organizations take legal action to protect their lakes, since this will be the only means still available to them? Who will pay for this pollution? Is it going to be the taxpayers? Will people have to pay for their government's mistakes? And what will happen if projects impact on ecotourism and water quality? What will the government do about that?