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.

Jobs and Growth Act, 2012

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, the parliamentary secretary has not dealt with some of the things in the budget that do not belong in a budget. I am talking about the Navigable Waters Protection Act, which strips environmental protection from some 30,000 lakes and rivers in the country. This follows hard on the heels of the government's elimination, or almost elimination, of any environmental assessments required by Bill C-38, which was also a budgetary bill.

Could the minister explain how a handful of small lakes in Muskoka, which do not have any navigation on them except for a few pleasure boats that belong to people with large and expensive cottages, are protected under the act, but other similarly large lakes in Quebec and other places in Canada lose their protection.

Employment Insurance

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

Mr. Speaker, in September, when we returned from the summer break, Canadians were just beginning to discover the full scope of the Conservatives' famous mammoth budget bill.

The employment insurance counter-reforms imposed by the government would have all manner of negative consequences for our economy, but also for our workers and the unemployed.

Last May, because of pressure from the opposition, the Minister of Human Resources and Skills Development was forced to clarify for Canadians the concepts of suitable employment and reasonable job search. We then discovered what the Conservatives deem to be suitable employment.

In Bill C-38, the government has done away with the concept of suitable employment, except in cases when employment arises in consequence of a work stoppage.

The minister also explained that the Canada Employment Insurance Commission would henceforth determine which jobs are suitable for workers based on personal circumstances, working conditions, hours of work, travel time, type of work and salary.

The government also announced the creation of three new categories of claimants: long-tenured workers, frequent claimants and occasional claimants. All of the categories of claimants will be under more pressure to find a job and, within a few weeks, will have to accept any old job at pay that can be just 70% of their previous salary.

As for the notion of reasonable job search, we know that claimants will have to prove that they are conducting daily job searches. We even learned that job seekers would have to prove that they are filling out five job applications a week in urban areas and three applications a week in rural areas.

Claimants will have to keep a journal in which they log all of their job search activities and will have to submit this evidence on request. There will also be a new electronic job alert system that claimants will have to consult, even though claimants do not all have easy access to a computer, let alone the Internet.

Lastly, job seekers will have to search for jobs within a 100 km radius of their home or the equivalent of one hour of commuting time.

I have to say that when I was in Montreal recently, it took me 20 minutes to go through three lights near the Palais des congrès. So the 100 km radius is not always clear.

A few months ago, a man from Carleton was offered a job in Gaspé, even though Gaspé is three and a half hours from Carleton. Someone else, a man from the Îles-de-la-Madeleine, was offered a job in Bonaventure, on the Gaspé Peninsula. That is a twelve-hour trip, including a $50 ferry ride.

How can the minister call these job offers “suitable employment”, when accepting such an offer would cost the unemployed individual one way or another? It would involve either a costly move, uprooting that individual from his community, or a loss of income that could actually exceed the wages offered, after transportation costs.

Jobs and Growth Act, 2012

[The Acting Speaker, Bruce Stanton]

It being 12:14 p.m., pursuant to an order made Monday, December 3, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the report stage of the bill now before the House.

Before completing debate at report stage of Bill C-45, I wish to explain the process to the House.

Since the motions in Group No. 1 have already been proposed, I will only refer to the motion number when putting the questions on the motions in that group.

With respect to the motions in Group No. 2, they will be put to the House in the usual manner. When the House is ready to proceed with the putting of the motions of said group, I will only refer to the motion number.

To this end, I have asked that copies of the report stage section of today's notice paper be placed on each member's desk for ease of reference.

I would like to point out that this is the same process that was used last June at report stage of Bill C-38.

We shall now proceed to the putting of the question on Motion No. 1. Is it the pleasure of the House to adopt the motion?

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, I rise today to speak against Bill C-45 because, once again, we have before us another reiteration of an omnibus bill. Instead of respecting parliamentary democracy and dealing with issues and different aspects separately, whether it be the environment; changes to EI, labour laws or immigration; protecting our waterways; or pensions; the government has buried all of those issues into this omnibus bill, thus preventing us as parliamentarians from having an in-depth debate.

When MPs are elected, it is stressed how important it is for us to do our due diligence and provide oversight on the budget but the Conservatives keep moving time allocation. Here we are at report stage and once again my colleagues across the way, with an absolute lack of respect for parliamentary democracy and elected parliamentarians, have shut down debate, more or less saying that because they have a majority they can be the bullies that they are surely proving to be.

It is not only members of the NDP who think that way. If there were no time allocation, I could stand here for the whole day and there would be others who would speak and support the position we are taking.

With respect to Bill C-38, Andrew Coyne, who is not exactly a Liberal commentator, wrote the following, which also applies here:

Not only does this make a mockery of the confidence convention, shielding bills that would otherwise be defeatable within a money bill, which is not: It makes it impossible to know what Parliament really intended by any of it. We’ve no idea whether MPs supported or opposed any particular bill in the bunch, only that they voted for the legislation that contained them. There is no common thread that runs between them, no overarching principle; they represent not a single act of policy, but a sort of compulsory buffet.

...there is something quite alarming about Parliament being obliged to rubber-stamp the government’s whole legislative agenda at one go.

From the emails received by many colleagues with whom I have spoken, we can see that this is of major concern, not only to members in the House but also to those who care and cherish our parliamentary democracy. Our citizens are wondering what the government has to hide and why it is not debating key issues in Parliament on their own merit instead of burying them in a new piece of legislation that is the size of a phone book and a phone book larger than those in many of the cities in Canada.

The mantra we also hear, which is a learned kind of refrain, is that the NDP voted against it. I am proud to be standing here speaking against the legislation because it would not do what the Conservatives purport it would do. They say that the bill is all about job creation but we know that is another misleading comment and a kind of mantra used to try to stop what I would call proper discourse on key issues.

The Conservatives claim that the budget is about job creation. However, when the Parliamentary Budget Officer appeared before committee he said that the budget would cost 43,000 Canadians their jobs. That does not seem like a job-creating budget. The budget would actually lead to a loss of jobs. I am not the world's best mathematician, nor will I pretend to be, but I understand what losing 43,000 jobs would mean. I also understand that it is not just the people who will lose their jobs but also the communities in which they live that will lose. When one person loses a decent paying full-time job, it has an impact on the whole community. It has an impact on the business community, on our health care and on all of our institutions. I predict that the job losses will be a lot larger.

The Conservatives claim that they have encouraged jobs by giving tax breaks to small businesses. That tax break will expire before the budget is passed. It is only a minimal $1,000 and it is only there for the year 2012. What a misleading piece of propaganda the Conservatives exude.

It will not be with pleasure, but I will be proud to stand in the House and speak against a budget that attacks the basic Canadian values of our environment, our pensions, our jobs and so on.

At this time I move that, notwithstanding any Standing Order or usual practice of the House, Bill C-45 in clause 321 be amended by adding after line 13 on page 291 the following: the addition of the navigable waters listed below is deemed to be in the public interest and the Governor-in-Council shall, by regulation, as soon as it is reasonably practicable after the day on which the act receives royal assent, add those navigable waters to the schedule, including with respect to lakes, their approximate location in latitude and longitude, and with respect to rivers and riverines, the approximate downstream and upstream points, as well as a description of each of those lakes, rivers and riverines, and where more than one lake, river or riverine exists with the same name indicated in the list below, the Governor-in-Council shall select one to be added, namely, Calder Lake, Rusty Lake, Drybones Lake, Contwoyto Lake, King Lake, Tukweye Lake, Sandy Lake, Dissension Lake, Mid Lake, Hook Lake, Crooked Lake, Tsu Lake, Duckfish Lake, Marion Lake and Cotterill Lake.

[Judy Foote, Liberal, Random—Burin—St. George's, NL]

Mr. Speaker, I rise today to speak to Bill C-45, which as anyone who is watching knows, is the Conservative government's second omnibus budget implementation bill. Judging by the bill's 414 pages and 516 clauses amending over 60 different pieces of legislation, it is clear that the Conservatives just do not get it and, I fear, never will.

Despite the recent Liberal motion condemning omnibus legislation and Canadians' overwhelming opposition to Bill C-38, the government's last omnibus budget implementation bill, the Conservative government introduced yet another undemocratic omnibus bill.

When Canadians worry about the way the government is writing legislation, ministers throw their hands up in the air and tell Canadians not to concern themselves with process. However, Canadians are concerned about process. They understand that the process of elections, the process of debate, the process of accountability, the process of parliamentary study and consultation are the roots of Canadian democracy and go hand in hand with the success and stability of our economy. When the Conservative government tells worried Canadians not to concern themselves with process, Canadians sit up and take note.

In the face of unyielding abuses of power by the Conservative government, Liberals continue to fight for democracy and our economy and, in doing so, for Canadians from coast to coast to coast. For example, Liberals introduced a successful motion to separate the changes to MPs' pensions from the budget implementation bill so that these important changes could be fast-tracked through Parliament. We were pleased that the government worked with us on this particular issue.

In an attempt to ensure proper debate and consultation on Bill C-45, we requested that many unrelated measures be presented in separate stand-alone legislation. While the Prime Minister rejected Liberal calls for a more democratic approach, we were nevertheless encouraged that at least he agreed to allow Bill C-45 to be studied by 11 separate standing committees. Unfortunately, it became clear that the government's permission for the bill to be studied by committees was nothing more than a public relations ploy.

Tragically the government's refusal to split this enormous bill meant that only the finance committee had the order of reference from the House, meaning that only that committee could amend this legislation. For instance, had the fisheries committee discovered an error in division 4, which amends consequential provisions relating to the destruction of fish habitat under the Fisheries Act, the fisheries committee would have been unable to correct the legislation.

Bill C-45 is flawed and that is why Liberals introduced over 3,000 amendments at committee. It was our hope that some of these amendments would find bipartisan support so that we could have the best legislation possible. Unfortunately, the Conservatives proved yet again that when it comes to working together, they have no interest in doing so.

Many Canadian families are still feeling the harsh effects of the economic downturn and are struggling to make ends meet. I know that in my riding of Random—Burin—St. George's people were hoping that the Conservative government would surprise them and show leadership for a change by introducing a budget implementation bill that would help to create jobs. Unfortunately, Bill C-45 does very little to help create jobs and does even less to help struggling families feeling the burden of the growing gap between the rich and low and middle income Canadians.

Under the Conservative government, the Canadian economy is struggling. The Parliamentary Budget Officer is predicting a slower rate of growth that will cost the Canadian economy $22 billion every year. Even the Minister of Finance is predicting a slower growth rate and has stopped being so bullish about his deficit targets, embarrassingly conceding yet again that he will not meet his own deficit targets.

While the bill is known as an implementation bill, it may be more accurately described as a budget correction bill. Bill C-45 is tasked with cleaning up Conservative legislative mistakes in Bill C-38. For example, some of the measures that it seeks to correct include errors in the amended Fisheries Act regarding the travel of fish species in or through bodies of water, as well as fixing poor drafting of the new environmental assessment law's transition provisions and the unclear ministerial approval process for specific investments by public investment pools.

Part of the problem with omnibus legislation is that its sheer size and scope prevents Parliament from properly scrutinizing it and making sure that it actually achieves the desired outcomes. That is what we have been asking for, an opportunity to work with the government and all parties in the House to make sure that we have the best piece of legislation we can possibly have for Canadians who elect us to do just that.

When we combine the more than 400 pages of Bill C-38 with the Conservatives' penchant for limiting debate and ignoring facts that do not fit their ideology, it is not hard to understand why Bill C-38 had so many mistakes. These mistakes now have to be corrected.

Instead of the government presenting Canadians with legislation focused on jobs and the economy, it is attempting to correct mistakes that it should not have made in the first place, mistakes that are now taking up the time of the House of Commons when we should be debating other important pieces of legislation. This should have been dealt with and not have come back here so that members of Parliament again have to stand and point out the errors of the Conservative government. Had the government split the bill, as the Liberals requested, the government would not have had so many sloppy mistakes.

Furthermore, many of the measures introduced in the most recent omnibus bill, Bill C-45, do not belong in a budget implementation bill because they have nothing to do with the process of implementing a budget. The Minister of Finance's claim that all measures introduced in Bill C-45 were in the budget is simply not the case. For example, changes to the definition of aboriginal fishery were not in the budget and do not impact acts under the finance department. Changes to land designations in the Indian Act were not in the budget. I note that both of these changes to legislation affecting first nations peoples were done unilaterally, without consultation, and in fact violate the constitutional responsibility to consult aboriginal peoples. That is a blatant failure of the government, the failure to consult with Canadians from coast to coast to coast on issues that impact every facet of their lives on a daily basis. Still, the government just goes straight ahead and does what it wants to do without consulting those who will be most directly impacted.

Another interesting example of a measure that was not in the budget but appears in the budget implementation bill is the suspension of the Canada Employment Insurance Financing Board. Not only is the elimination of that board not in the budget, the budget actually promised the exact opposite. Page 146 of the budget states that “Over the next few years, the Canada Employment Insurance Financing Board (CEIFB) will continue to set the rate...”. Bill C-45 eliminates this board and centralizes the rate setting responsibility in the hands of cabinet.

In addition, the board set the employment insurance rate and was supposed to invest employment insurance surpluses, but under the Conservative government, so many people had been without work that the board has never had a surplus to invest.

Instead of addressing the harsh fiscal realities of many Canadians, Bill C-45 continues the Conservatives' reckless abuse of power. Cutting important job creation tax credits, like the scientific research and experimental development tax credit, the Atlantic investment tax credit and the corporate mineral exploration and development tax credit will not help our economy thrive.

I cannot support a piece of legislation that does more to harm jobs than to create them.

[Pierre Dionne Labelle, NDP, Rivière-du-Nord, QC]

Mr. Speaker, I would appreciate it if you would warn me one minute before the end of my speech.

What will history say about this government?

In the spring, the government already trashed numerous economic, social and environmental laws, by forcing the passage of Bill C-38, the budget bill, a 400-page brick we voted on for 26 hours. We presented a number of amazing amendments, but were unable to change so much as a comma. This government thinks it has the truth and the right line.

After the challenges resulting from Bill C-38 in the spring, we thought the government would make honourable amends, and this time it would allow for broader debate on the budget implementation bill. Unfortunately, that is not the case. They came back with the same kind of shenanigans: they introduced a bill that would significantly amend 62 statutes. This is again a 400-page bill that they want to have us pass as quickly as possible, and for which they have imposed a gag order. That is perhaps what this government will be remembered for the most in 10, 15 or 20 years. It will be the gag order government. Our colleagues across the way will have participated in this travesty of democracy for months.

We are talking here about a bill that amends 62 statutes. We have looked for the common thread among the statutes in the budget, but there is none. This is a way of forcing the machine to work, of putting us on the ropes, of cutting the work of Parliament down to size, and ultimately making a mockery of it.

If we look at the content, we quickly realize that the measures proposed by the Conservatives do not reflect the values of Canadians. Ironically, Bill C-45, called the Jobs and Growth Act, 2012, contains no effective measures to create jobs or to stimulate economic growth in Canada.

In fact, the Conservatives claim that the 2012 budget is going to create jobs, but the Parliamentary Budget Officer, the best friend of people in Canada who exercise critical thinking, claims, rather, that it will result in the loss of 43,000 jobs, which will have a domino effect and have an impact on 102,000 jobs in Canada. That is the overall effect of this budget implementation bill.

In the meantime, the unemployment rate is going up, and instead of making the rules more flexible to allow working people to receive support when they are unemployed, the rules are unfortunately being toughened.

I should point out that Bill C-45 is a threat because the changes it proposes in relation to the environment show disrespect for Canadians and their awareness of environmental issues.

At a time when the world is becoming more aware of the importance of sustainable development, or in other words, our capacity to meet our needs while allowing future generations to meet theirs, the Conservative government does not understand this logic and stubbornly insists on weakening environmental regulations.

After withdrawing Canada from the Kyoto protocol, making cuts to research programs at Environment Canada and Fisheries and Oceans Canada, and dismantling the round table on the environment and the economy, the Conservatives are continuing down the same path with Bill C-45, which once again weakens the Canadian Environmental Protection Act and guts the Navigable Waters Protection Act.

It is important to note Canada's place when it comes to environmental matters. Recently, Canada was ranked 57th of the 60 countries included in the Climate Change Performance Index. In order to find Canada, hon. members should start at the bottom of the list instead of the top. We have dropped quite far. On the international stage, many countries do not envy us when it comes to the environment.

The Conservatives will boast that they have eliminated two small fossil fuel subsidies in this budget and improved two tax credits for certain types of equipment for green energy production. Proportionately speaking, these two measures are minimal compared to the $1.3 billion in assistance that the Conservative government continues to give to the oil and gas industry each year.

Environmental protection seems to be a nuisance to the Conservatives. We have to wonder whether this is a Conservative government strategy to facilitate co-operation with big business.

We also see that power is becoming more and more concentrated in the Conservative cabinet. We saw it with the reform of the Immigration and Refugee Protection Act reform, and we are seeing it with environmental reforms. We had panels of independent experts. Now, assessments will basically be subject to the minister's approval.

Bill C-45 guts the Navigable Waters Protection Act. The consequences are imminent since thousands of lakes and rivers will no longer be protected. Of the 37 designated Canadian heritage rivers, only 10 will now be protected. I checked the list for the rivers in my area—Rivière du Diable, Rivière Rouge and Rivière du Nord—but none of them are mentioned.

I hope I am going to be able to include them in that list. And I wonder when we will have a chance to put new rivers and new lakes on the list. I would like to preserve the rivers in my riding in their purest possible natural state, because they are an essential part of the beauty of the region that brings tourists there. Beautiful rivers and beautiful lakes: that is what tourists come to see.

The Minister of Transport said the objective of the act was to reduce obstacles to navigation on navigable waterways and added that navigable waterways that do not appear in the new list will be protected by other federal legislation, by the provinces and by cities. Have funds been set aside for the provinces in connection with the role they will have to play, given the additional workload they will have? We are divesting ourselves of our obligation to protect rivers and lakes. In fact, that is a responsibility that is set out in the Canadian Constitution.

I am going to quote Tony Maas, director of the national freshwater program of the World Wildlife Fund. The government is trying to make a distinction between navigation and navigable waters, for legislation to facilitate navigation.

Picking navigation apart from the waters that enable it is very much artificial [and I would say “absurd”]. The two are part of a bigger whole. Their separation is as artificial as thinking you can protect a fish without protecting its habitat....

The government puts everything in little boxes, as if things were no longer connected to one another.

Because I had prepared to make a 20-minute speech, my time is nearly up. Before beginning this last part, I am going to request the unanimous consent of the House to move the following motion:

I move that, notwithstanding any Standing Order or usual practice of the House, Bill C-45, in clause 321, be amended by adding after line 13 on page 291 the following: “The addition of the navigable waters listed below is deemed to be in the public interest and the governor in council shall, by regulation, as soon as is reasonably practicable after the day on which this act receives royal assent, add those navigable waters to the schedule”, and I would like the list to include the Rivière du Nord, the Rivière Rouge, the Rivière du Diable and the Rivière Pashby, all of which are rivers that run through my riding.

I request the unanimous consent of the House to move this motion.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I am very pleased to ask my colleague a question.

The government is constantly telling us that everything in the budget implementation bill was mentioned in the budget that was tabled last March. However, we are well aware that a number of things that now appear in Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures—because there was also Bill C-38, An Act to implement certain provisions of the budget—were not mentioned in the budget tabled in this House last March by the Minister of Finance.

The Conservatives are therefore tabling two 400-page bills proposing measures that were not even mentioned in their budget last March. Does my colleague have any comments to make about that?

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, I rise today to speak strongly against the government's omnibus budget bills and their repeated affronts to democracy, and, specifically, to the gutting of environment legislation in Bill C-45.

Previously, through economic action plan 2012 and Bill C-38, the government severely cut the budget to Environment Canada, gutted environmental legislation and cancelled the National Round Table on the Environment and the Economy. The Conservatives have also silenced dissent from environmental non-governmental organizations and have continued to muzzle government scientists. In so doing, they affect our economy and environment today and in the future.

Through Bill C-45, our world-renowned natural heritage is being further imperilled by a government that fails to understand that water is the foundation of life and that it is essential for socio-economic systems and healthy ecosystems.

The World Bank states that, “water is at the centre of economic and social development”, and is elemental across economic sectors including agriculture, energy and industry. Good management of water resources is fundamental to moving to a green economy.

In Canada, we depend on water for drinking, fishing, swimming. This precious resource further supports farming, recreation, tourism and economic growth.

Unfortunately, water management is becoming more challenging with climate change. Bob Sandford, lead author of Simon Fraser University's adaptation to climate change team, warned in 2011 that:

The days when Canadians take an endless abundance of fresh water for granted are numbered...Increasing average temperatures, climate change impacts on weather patterns and extensive changes in land use are seriously affecting the way water moves through the hydrological cycle in many parts of Canada, which is seriously impacting water quantity and quality.

As a result, the team called for a dramatic reform of Canada's water governance structures and made many recommendations: the recognition that water is a human right integral to the health and security of Canadians; the development of a new Canadian water ethic; the creation of a national water commission to advance policy reform; an improved understanding of the importance of water to Canadians' way of life; national water conservation guidelines and improved monitoring; and coordinated long-term national strategies for sustainably managing water in the face of climate change.

In stark contrast to those recommendations, the government would strip federal oversight from thousands of Canadian waterways through its latest anti-democratic and draconian omnibus legislation, Bill C-45. Specifically, the government would abolish the Navigable Waters Protection Act, which currently requires federal approval for development on the thousands of bodies of water across the country that are large enough to float a canoe.

The Navigable Waters Protection Act of 1882, considered Canada's first environmental law, would be changed to the navigation protection act. The focus of the law would no longer be to protect navigable waters but, rather, to protect navigation.

Canada has a huge number of lakes. The exact number is unknown. However, of the roughly 32,000 lakes previously protected under the old act, just 97 lakes would now be protected under the new act. Sixty-two rivers and three oceans would also be protected under the new act. Construction of bridges, dams and other projects would be permitted on most waterways without prior approval under the new act.

Needless to say, the original budget said nothing about restricting federal controls over lakes and rivers.

Jessica Clogg, executive director and senior counsel, West Coast Environmental Law, stated:

The Bill C-45...is a wolf in sheep’s clothing that will have major implications for the environment and human health. So much for the federal government’s promise that the bill would focus on budget implementation and contain no surprises.

The rewritten law would strip environmental protection once provided by the mandatory federal review. Ecojustice's executive director, Devon Page, said:

Simply put, lakes, rivers and streams often stand in the path of large industrial development, particularly pipelines. This bill, combined with last spring’s changes, hands oil, gas and other natural resource extraction industries a free pass to degrade Canada’s rich natural legacy.

Astoundingly, 90% of the lakes that would still be designated as protected are in Conservative ridings, 20% are in NDP ridings and only 6% are in Liberal ridings. Unbelievably, pipelines would be directly exempted from this law. Under the new act, pipeline impacts on Canada's waterways would no longer be considered in environmental assessments.

Instead of killing the old Navigable Waters Protection Act, the government should reverse the changes that would strip previous environmental protection of lakes, work to protect Canada's coastline, establish a network of marine protected areas in Canada's waters, encourage the sustainable use of coastal and marine resources, prioritize clean water, restore our freshwater ecosystems, clean up contaminated sediment and protect and restore essential habitat.

The government must stop repeatedly abusing Parliament by ramming through massive omnibus bills and turning the legislative process into a farce.

Two years ago, the government introduced an 880-page omnibus bill, representing half the entire workload of Parliament from the previous year. This past spring, the government introduced Bill C-38, a 425-page omnibus budget implementation bill that made sweeping changes to employment insurance, immigration and old age security. An astonishing 150 pages were devoted to destroying 50 years of environmental oversight. None of these changes were in the Conservative platform. This time, Bill C-45 is a 443-page omnibus bill that would alter some 60 pieces of legislation, including the Canada Labour Code, the Fisheries Act, the Indian Act and the Navigable Waters Protection Act.

Canadians are tiring of the government's omnibus bills. Last spring there were demonstrations across the country to protest the omnibus budget bill, Bill C-38. Five hundred organizations joined the BlackOutSpeakOut campaign to stand up for democracy and the environment. Three thousand two hundred pages of complaints flooded the office of the finance minister and there was extensive international criticism.

In 1994, the MP for Calgary Southwest, our current Prime Minister, criticized omnibus legislation suggesting that the subject matter of such bills was so diverse that a single vote on the content would put members in conflict with their own principles. He said, “Dividing the bill into several components would allow members to represent the views of their constituents on each of the different components in the bill.”

The Conservative government's action reek of hypocrisy. The Prime Minister is now using the very tactics he once denounced. Bill C-45 hides large changes to environmental laws, subverts democracy and weakens the protection of ecosystems.

The government's record on the environment is appalling, as recognized repeatedly by its bottom of the barrel environment performances. The 2008 Climate Change Performance Index ranked Canada 56th out of 57 countries in terms of tackling emissions. In 2009, the Conference Board of Canada ranked Canada 15th out of 17 wealthy industrialized nations on environmental performance. In 2010, Simon Fraser University ranked Canada 24th out of 25 countries. This week we have been ranked 58th out of 61 countries on climate policy.

Under successive Conservative governments, the economy has been repeatedly pitted against the environment. Laws have been weakened and repealed to fast-track development with the environment and the health and safety of Canadians being put at risk. When did the debate change from protecting the environment in order to safeguard human health and well-being to gutting environmental protection in order to streamline expanding growth? Is it not time we made human health, particularly for our most vulnerable, our children, a consideration in the environmental debate?

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, I listened to my colleague carefully. Unfortunately, the Conservatives are once again presenting us with a monstrosity of a bill, like the one they presented last spring, Bill C-38, in which they attacked old age security, employment insurance and health transfers to the provinces.

Once again, Bill C-45 shows that the Conservatives have not learned their lesson; they still want to keep Canadians in the dark and they want to prevent the members here in the House from doing the job they were elected by Canadians to do.

I would like my colleague to expand on this question: why is the government acting this way?

Report Stage

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, they may not like listening to me because I am telling the truth. I will continue my speech despite all of the noise in the House.

I was saying that this bill severely weakens environmental legislation. That was the case with Bill C-38, the first budget implementation bill. Today we are debating the second budget implementation bill, with which the Conservatives are unfortunately continuing to weaken environmental regulations, at the expense of future generations, who will have to live with the consequences of what they are doing.

The NDP thinks that Canadians deserve much better than what the Conservatives have put forward. We will therefore oppose the bill at third reading, just as we have opposed it at the other stages. We will continue to oppose it during the vote that will probably be held tomorrow, since the Conservatives are rushing us through things. We would have liked to have much more time to examine the bill. However, the vote will likely be held tomorrow. The Conservatives left us little time to examine these 450 pages, or, if we also include the budget, these 900 pages. We received the budget in March, and the two bills were then introduced. If we add them together, that makes 900 pages of bills, for a single budget. That is completely unacceptable. Furthermore, it is completely unacceptable that the government does not respect our institutions and is ramming through such massive documents.

As I said earlier, the Conservatives have laid off 19,000 government employees. In my opinion, this is contributing to poor public administration since services have been affected. It is possible to consider all the information available and make cuts in the right areas. Unfortunately, the Conservatives have decided to act blindly and make cuts to services. In Sherbrooke, many services have been cut. Positions have been cut at Service Canada and the Canada Revenue Agency office is no longer accessible to the public at all. No one can go there. The people of Sherbrooke have spoken out against these cuts.

We had hoped that the Conservatives would be more open-minded when we tried to move substantial amendments in committee. However, unfortunately, once again, they did not demonstrate any open-mindedness with regard to this bill. This is not the first time this has happened.

The Conservatives are also making clear cuts to scientific research and experimental development. The budget implementation bill makes changes to the tax credit program. These changes reduce the tax credit rate, particularly for big businesses, and eliminate eligible capital investments. The combined effect reduces government support for businesses that use the scientific research and experimental development program, just when Canadian businesses most need to promote innovation and productivity if they want to succeed in a very competitive global economy. This will particularly affect the manufacturing sector.

The NDP's vision involves making a place for innovation in the manufacturing sector so that it can remain competitive in relation to other emerging economic sectors that, unfortunately, have a workforce that is paid far less than ours. The government's role is to promote innovation in order to remain competitive in a globalized market, ensure the survival of our businesses, and keep our good jobs here in Canada. If the NDP were in office, things would be done much differently. We would use innovation to increase competitiveness and access other markets, thereby allowing us to keep our jobs. That is the NDP's vision.

Unfortunately, the Conservatives have done a terrible job of managing the Canadian economy. They have created the largest deficit in Canada's history. I am really surprised to hear them say that they are doing such a great job with the economy when they have created both the largest deficit and the largest trade deficit in Canadian history. Then the minister tells us that he is going to miss the deadline. That is further proof of bad management and bad public administration. I feel it is my duty to speak out against that here.

As I said at the beginning of my speech, there are other changes that affect environmental protection. It started with Bill C-38, three-quarters of which was about environmental protection, or rather, environmental deregulation. The Conservatives are chipping away at environmental protection. Bill C-45 is a continuation of the previous bill, particularly with its changes to the Navigable Waters Protection Act, which will now be called the navigation protection act. This small change will mean big changes. The bill is no longer about water. The word “water” has been removed from the title of the bill.

The government is discarding the concept of protecting water and is focusing solely on navigation, even though we know the two go hand in hand. It should go without saying that protecting navigation means protecting the environment that makes navigation possible. Unfortunately, the Conservatives added schedule 2 to the bill, a list of all of the lakes and rivers that will still be protected under the new act, which will be called the navigation protection act. Only about 180 of Canada's tens of thousands of lakes and rivers will be protected. Most of our lakes and rivers will not be protected under the new act, which will be passed soon.

This means that the Saint-François and Magog rivers, which are in my riding, will no longer be protected by this legislation. People in Sherbrooke have reacted negatively to these changes. People want to know what the long-term effects will be.

In the old days, projects that could affect navigation and water bodies required the minister's approval. From now on, projects such as pipelines will not require approval. Maybe the Conservatives are trying to make sure that major pipeline projects can go ahead with no environmental restrictions whatsoever. Pipelines will be laid under, over or even along rivers.

We could also talk about major energy and power line projects that pass over rivers. In Sherbrooke, people were worried about the negative repercussions that such projects could have on lakes and rivers and the potential dangers they could pose. If a pipeline is allowed to pass over a river, needless to say, a leak would have a negative impact on the environment.

Lastly, I would like to quote someone who talked about the bill and whose name might ring a bell with the Conservatives. Warren Everson, senior vice-president of policy at the Canadian Chamber of Commerce, had this to say: “The budget 2012 decision to cut a quarter of the SR and ED tax credit was, in our opinion, a step in the wrong direction.”

I talked about this earlier in my speech and I would like to emphasize the point: even the Canadian Chamber of Commerce opposes this decision. I therefore hope the Conservatives will come to their senses and support our proposals.

Unfortunately, I know that we are almost out of time, since the final vote will be held tomorrow. Perhaps the Senate will take a different approach and a more enlightened view in order to improve certain parts of the bill.

Bill C-45—Time Allocation

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

Mr. Speaker, I must say I was surprised to hear my friend, the Minister of State for Finance claim that everything in Bill C-45 and Bill C-38 was found in the budget. I think that has been pretty thoroughly disproven.

I would be interested to know on what page of the budget we can find the efforts in Bill C-45 to create barriers to tourism in Canada. That will hurt our economy and hurt our tourism sector. I can see no excuse whatsoever for bringing this forward without adequate consultation. The idea of having an international automated list for tourists from Europe, Australia or New Zealand who want to come to Canada is an added barrier in a sector that is currently struggling.

[Pierre Dionne Labelle, NDP, Rivière-du-Nord, QC]

Mr. Speaker, people at home are truly worried. They are worried about what is in the budget and especially about the attitude of this government, which amended 70 acts with Bill C-38 and will amend 62 acts, without debate, with Bill C-45.

My question is for the minister. In light of the Conservatives' strategy, will they one day introduce a bill to automatically amend 200 or 300 laws, and then bid farewell to Parliament and parliamentarians for the rest of the year?

That is the kind of distortion of democracy we are seeing. People at home are worried about the Conservatives' brand of democracy.

Jobs and Growth Act, 2012

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, another example of just how far the government is prepared to go to silence critics of its agenda occurred November 6 in the Northwest Territories Legislative Assembly. At that point in time the legislative assembly members were debating a motion on whether they should review all the changes that were being made to environmental regulations in Canada and how they would affect the north. NWT MLA, Daryl Dolynny, described by Northern News Services as well known in Conservative Party circles, warned the legislative assembly of the Northwest Territories that speaking out against gutting Canada's environmental laws by simply reviewing them would put in jeopardy projects such as devolution, the Inuvik-Tuk highway and the Mackenzie Valley fibre optic link.

Imagine, we had a person threatening the economic viability of our territory because of a review of environmental legislation. I am sure someone with close ties to the Conservative Party would not be making these kinds of allegations unless he had something to back it up. What is going on in this country? What is going on with our democracy?

Yesterday I spoke with the largest landowners in the NWT, the Dene, who expressed their disgust with the government's actions, which are all about making a quick buck from Canada's natural resources with no cares for the environmental damage that our children and grandchildren may have to deal with. We in the Northwest Territories have been there. We know what happens when proper environmental assessments are not done. We can see the damages. We see it in the mines and the failed projects that litter our territory from one end to the other. Those are things that could have been prevented, that could have been saved by proper environmental action.

The Prime Minister boasted that we would not be able to recognize Canada when he gets done with it. Unfortunately, with bills such as Bill C-45 and Bill C-38, this is going to be the case. We will not understand it today. We will not understand it tomorrow, but our children will understand what these people are doing today.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I have always considered it an honour and a privilege to rise in the House to speak to bills and to discuss matters of concern to Canadians.

Today, though, when I stand to speak to the Conservatives' latest mammoth omnibus bill, which is being jammed through the House of Commons in the fashion of the last one, I feel that I am speaking at a point when our democracy is changing and not for the better. Standing here, I feel very sad and a little angry.

The speed of the bill can only be due to one reason. The Conservatives want to move quickly so that the people of Canada do not have an opportunity to understand what the changes mean to our country. Very serious changes are being made to laws that will not be easily understood by Canadians until those laws are put in practice. I am speaking about the changes to the environmental system that have been made by the Conservatives over the past year.

I will speak for a while on the changes to the Navigable Waters Protection Act. With the exception of three oceans, 97 lakes and 62 rivers, the law will no longer apply to projects affecting waterways. This is being done for the convenience of developers who want to move ahead. It is not being done for the convenience of farmers and fishermen. We could have had a different law that would have taken care of the little problems in the system. That would have been a law that we would have all stood up and supported.

Canadians are going to be outraged when their lakes and rivers, major waterways, are being damaged just so that a few quick bucks can be made. When we do not do a proper job on the environment, in the end all will pay, including industry and the Conservatives' friends.

In the Northwest Territories, the Conservatives removed navigable waters protection from rivers such as the Liard River, the Peel River, the Hay River and the Slave River, all of which are used today for navigation purposes. In fact, on the Hay River is the largest docking facility north of 60. The facility includes the Canadian Coast Guard base for the western Arctic region, Northern Transportation Company Limited's barging terminal and the float plane base anchorage.

Once the bill is passed, this particular river will no longer be under the protection of the Navigable Waters Protection Act. What is going on? Why did the Conservatives do this to a very important waterway for the people of the Northwest Territories?

There is oil exploration on the upper reaches of the Hay River. That is where we can go if we want to find the answer to why the Hay River was taken out of the Navigable Waters Protection Act. It is the same reason that there will be no navigation protection for the Peel and Liard rivers. I am sure when a barge runs aground on one of these rivers, the owners will be happy to acknowledge their suffering is justified because the oil companies are not inconvenienced.

With the Slave River, we know very well what that is about. We know that the Alberta business interests in Calgary, ATCO, are very interested in developing a 1,500 megawatt earth-fill dam across the Slave River. They have been after this for a long time.

Eight-two per cent of the outflow from Alberta is in the Slave River, at 3,000 metres a second. This is not a farmer's stream. This is a major waterway that has supported navigation and transportation for 100 years. It is not in the bill. Why is it not there? Whose friends are being rewarded here? Now that it is not in the bill, does that mean that Alberta is solely responsible for any environmental assessment of the project?

The changes to protecting Canada's natural beauty contained in Bill C-45 are part of a broader strategy to remove any wilderness protection. There were changes to the Fisheries Act, the Species at Risk Act and the Canadian Environmental Assessment Act in the Conservatives' first massive omnibus budget bill, which they jammed through Parliament last spring. They rushed that job so much that they had to bring in amendments in Bill C-45 to try to deal with some of the problems that they created with their reckless moves with Bill C-38.

Haste makes waste. When will Conservatives learn? I do not think they will learn because their agenda is not to protect Canada. Their agenda is to exploit Canada. Fair enough, just put it on the table and say it as it is.

This is going to create so much uncertainty in industry because the current government will not be around after 2015 and we will be putting back the regulations that are required for the protection of the environment in Canada. How is that going to give certainty to industries?

In Bill C-38, they removed the prohibition against the alteration, disruption—

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I rise today to express my opposition at all stages to the Conservatives' Bill C-45. Like most Canadians, the people in my riding are outraged by this undemocratic Conservative approach.

We are opposed to the content and to the undemocratic nature of this bill, which is very similar to Bill C-38, the other mammoth bill. Just as we opposed Bill C-38 then, we oppose Bill C-45 now. The contents of this bill will only increase social inequality in Canada. Moreover, the size of the bill, at over 400 pages, and the speed at which the Conservatives want it passed reveal the undemocratic nature of their methods.

Let us talk about the Conservatives' undemocratic methods. As I said, this bill is over 400 pages long and amends nearly 60 laws. That is why we asked the government to split the bill into a number of bills, so that each committee could deal with the amendments--some of them major—examine them carefully, hear from experts and make sure that reports on each act being amended were done in the proper form, with the necessary amendments.

It should have been done, but instead we had a pretense of consultation. A show, a masquerade. Ignoring the rules of the House of Commons itself, the Conservatives first refused to split the bill as we asked. Then the Standing Committee on Finance passed a motion to delegate its work. You heard correctly, Mr. Speaker. The Standing Committee on Finance delegated its work to a dozen committees so they could study--at top speed--the changes Bill C-45 proposes to various acts.

Personally, I was a witness to this pretense of a study, because I am a member of the Standing Committee on the Environment and Sustainable Development. I had to participate in this pseudo-study for just under three hours. Just imagine what the result was: all is well and perfect in the best of all possible worlds. What a surprise.

The same thing happened at other committees. Furthermore, in a November 8, 2012, article entitled Bill C-45: A total sham to save face, Manon Cornellier wrote:

Committees therefore had to scramble to find witnesses who could appear with just a few hours' notice. In the end, the committees had only a day or two to hold hearings. And once again, at almost all of the committees, the Conservatives used their majority to limit the matter to just one quick hour dedicated to hearing from public servants.

There is no doubt that if public servants had been drafting the amendments to the bills, they would not have proposed these amendments, based on the needs of the various groups in question. This was all just a sham, as indicated by the excerpt from Ms. Cornellier's article that I just quoted.

As I said, the people in my riding of Drummond are outraged and are wondering what the Conservatives' real motives are for ramming these changes through so quickly, without any analysis. What exactly are they trying to hide?

One of the many issues, as I mentioned earlier, is of course environmental protection. In my riding, people really care about protecting the environment. They want to develop the riding in such a way that makes Drummond a hub and a magnet for innovation in green technology.

Clearly, however, the Conservatives' changes in Bill C-38 and Bill C-45 are weakening Canada's environmental laws and regulations more and more. In fact, Bill C-45 simply follows the same path as the Trojan horse bill, Bill C-38, introduced in the spring, by weakening environmental protections even further. For instance, it shuts down the round table on the environment and makes changes to environmental assessments.

And of course there is the Navigable Waters Act. That act is being completely trashed, and in a subjective, partisan way, I should add. I will explain what I mean by that in a moment.

Along the same line, the Executive Secretary of the United Nations Convention on Biodiversity is urging the federal government to think about the consideration being given to fossil fuel, as I mentioned earlier in my question. He says there must be a debate in Canada about this society-wide issue, because the increase in greenhouse gas emissions has to be included in the equation so that informed decisions can be made for all Canadians.

On the subject of our great Canadian Environmental Protection Act, I would like to point out in passing that yesterday, Canada added another fossil award to its collection at the Doha conference. That is proof that our environmental measures are a failure.

The bill also proposes two minor items in subsidies for fossil fuels, as I mentioned just now. They are going to take away a mere $10 million of the $1.3 billion they hand out every year. This is money that the people in my riding, Drummond, are handing over to subsidize billionaire oil producers and gas and coal producers, in addition to the money from the ecoEnergy program that is being diverted.

That is over $1.3 billion, nearly $2 billion, of taxpayer money that the people of greater Drummond want to see come back to their city to fund ecoenergy measures, the university, for example, the future plans for the exhibition centre and the library. They could have solar walls and green roofs, and they could use geothermal heating.

Unfortunately, the Conservatives prefer to give $1.3 billion to the oil companies, as if this were something that would support our environment and create jobs. In fact, we know very well that money invested in the environment creates three times as many jobs. So we would have three times as many jobs from that money if we invested it in green energy and the measures I referred to earlier.

The Navigable Waters Act is going to be trashed. Of the 37 heritage rivers, only 10 will be protected now. The bill reverses the responsibility, which will now rest with the public and municipalities. Municipal councillors in my riding have come to see me; they were outraged, and wanted to know what was going to happen to the Saint-François River. That river runs through greater Drummond and is no longer protected. If a project damages the environment, the municipal council will have to bring legal action to exercise its rights. Rights are often exercised once the damage is done. It is often too late to protect our environment. People are truly angry.

As well, on that point, if my colleagues are not aware, I am going to tell them: 90% of the laws for lakes designated as protected are in Conservative ridings. That is truly insulting, partisan and clumsy. I do not know what polite words I can use to describe this situation. It makes no sense. The people of Drummond are truly outraged to see how protection for our environment is being cut back once again.

I will end on that note, although I could say much more about Bill C-45, which is truly appalling. This bill makes no sense. This is an anti-democratic process that is going to hurt the environment, and hurt our economy. We could create three times as many jobs by investing in the green economy.

That is why New Democrats will continue to work hard to bring solutions to the House of Commons and stand up for Canadians.