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, Growth and Long-term Prosperity Act

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Madam Speaker, I was also very impressed with the hon. member's speech—and he didn't even use notes. It was excellent. I just wanted to say that it will also have an impact on Algoma—Manitoulin—Kapuskasing, the riding I represent.

As we know, there are many lakes in my riding. There is a lot of concern about the impact of these changes on tourism, especially because new mines may be opening soon, and because of the effect on environmental protection.

We need only think of the Grassy Narrows First Nation and the fact that the mercury poisoning that occurred years ago still has an impact today. The environmental laws have been tightened up a great deal since that happened. Still, they are all being dismantled and the impact of new projects on the environment will, I think, be bad for our health and for everyone's health. Perhaps my colleague would care to comment on that.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, I thank my colleague for her question.

I am happy to hear questions like this because it shows the passion we have for our work in our communities and our ridings.

The hon. member talked about health. It is extremely important, because, as I said in my speech, we have already had to deal with the consequences of our errors. We have already seen what can happen when there is no adequate, in-depth process in place.

Once again, we do understand the importance of proceeding rapidly. No one is against that, but when the environment is at issue, we must be aware of projects that might, if poorly designed and constructed, have a devastating impact on the communities where they are built. That is especially true in first nations communities, as my colleague mentioned. When the impact is considerable, it is important not to rush things, because we are not just talking about short-term benefits, but about long-term reality. We are talking about long-term impact. That is not true just for the environment and health; it applies to everything. It applies to old age security. When we talk about people my age who want to retire, we have to know what the long-term impact will be.

The government likes to talk about responsibility and making choices. Making choices and taking responsibility mean more than considering the impact for just the next year or two and saying it is no big deal, because people who are retiring in two years will not be affected. They need to think 10, 20 or even 30 years into the future.

When we think of it that way, this is definitely a mistake. It is important to think outside the box. That is the real duty of governance. An NDP government would take on that duty.

[Claude Patry, NDP, Jonquière—Alma, QC]

Madam Speaker, what are we about to sacrifice in the name of this so-called economic prosperity?

It is important to point out that this omnibus bill is more than a budget implementation bill. The Conservatives are trying to impose measures that were never previously announced, without allowing Canadians and their MPs an opportunity to study them carefully.

First of all, let me just say that, after one year, we are beginning to see the Conservatives' true colours. Bill C-38 clearly demonstrates the arrogance and irresponsibility of this government, which seems to think anything goes.

The Conservatives pass themselves off as experts at good governance, but in fact, they are going to make workers, families and seniors pay the price.

It is becoming increasingly difficult for Canadians to believe the Conservatives when they talk about economic prosperity, because so far, only the Conservatives' friends and cronies seem to be benefiting from their measures.

When the Parliamentary Budget Officer worries about the lack of transparency and the culture of secrecy, I worry about the interests of ordinary Canadians. This omnibus bill needs to be studied carefully and presented to Canadians for what it is: a partisan bill that defies common sense.

I was always under the impression that the government should build and improve society for the common good and for the general public, but with Bill C-38, the exact opposite is happening. The Conservatives are destroying, degrading and vandalizing what Canadian parliamentarians have spent years building. The rights of workers, environmental protection and Canadians' health are simply not enough for them.

Why is one-third of Bill C-38 devoted to environmental deregulation?

Is it so hard to add ecology to a Conservative budget? It is simply irresponsible and undemocratic.

Is this really what Canadians voted for? I do not think so.

Unfortunately, to the Conservatives, a majority mandate means they can do whatever they want, even if it is illogical or harmful. This is a very clear attempt to quickly pass new legislation without having a parliamentary debate.

This budget will cause some very tangible harm. For example, as far as old age security is concerned, increasing the retirement age from 65 to 67 is unacceptable and does not make any sense. Just because life expectancy is increasing significantly does not mean that working conditions will get easier. Even though a number of experts, including the Parliamentary Budget Officer, have confirmed that the old age security program is viable, the Conservatives insist on balancing their budget at the expense of our seniors. It is shameful.

Bill C-38 also changes the Employment Equity Act so that it no longer applies to federal contracts. That is a direct attack on women, aboriginal people and visible minorities. In fact, it was recommended 10 years ago that the employment equity provisions for the federal contractors program be strengthened. This government is weakening those provisions and, as usual, it makes no sense.

In the Conservatives' world, logic no longer applies. They are in an ideological world, where they are becoming increasingly out of touch with Canadians.

When he appeared before the House of Commons Standing Committee on Finance on April 26, the Parliamentary Budget Officer confirmed that the Conservatives' austerity budget would lead to the loss of 43,000 jobs and slow down Canada's economic recovery. He confirmed that the combination of this budget and the previous cuts would result in the loss of more than 100,000 jobs. The Parliamentary Budget Officer's figures show that this budget will cause the Canadian economy to backslide.

It is important to speak out against the changes made to unemployment insurance. We must remember that the federal government has not contributed a single penny to the fund since 1990.

Its reforms are based on prejudice against the unemployed, and those mainly affected, the workers, were not consulted even though employees and employers fund the program.

One of the most fundamental changes will hit workers with precarious employment very hard. The government is again targeting “frequent” claimants, people who have made three claims and collected more than 60 weeks of benefits in the past five years. It will require these people to accept any job starting in the seventh week of unemployment, with a salary equal to 70% of the salary of their previous job. This measure targets seasonal workers who rely on EI year after year.

The Conservatives are also planning to make other changes that will penalize claimants in remote areas in particular, while making legal procedures for challenging an unfavourable decision more cumbersome. Unions believe that abolishing boards of referees, umpires and appeal mechanisms restricts access to justice.

The changes proposed by the Conservatives threaten regional economies, especially where there is a lot of seasonal work and people make their living from the fishery, forestry, tourism and agriculture.

Moreover, there is no question that these changes will put downward pressure on salaries. What a nice way to bring prosperity to our economy and our country!

The Conservatives' approach is counterproductive. Instead of focusing on creating wealth by providing better support for quality jobs, including in the manufacturing sector, the Conservatives are going after the unemployed and society as a whole by forcing them to accept jobs where their skills will not be put to contribution.

Bill C-38 even repeals the Fair Wages and Hours of Labour Act, which was created in the 1930s to set minimum standards for wages and hours of labour for construction workers engaged in projects funded by the federal government. In practice, removing these minimum standards will allow employers to undercut wage rates set by unions. This shows the scope of the legislation.

Last fall, we brought forward a motion calling on the government to take immediate action to create economic growth and jobs. The Conservatives supported our motion, but the budget does just the opposite. It cuts essential services and it weakens environmental regulations.

As regards old age security, the government has once again surpassed itself, although not in the positive sense of the word. The Conservatives never mentioned that they were going to cut old age security and the guaranteed income supplement, and certainly not during the election campaign. We have known for a long time that costs would increase. Therefore, the Conservatives cannot claim that this was not expected during the 2011 election campaign.

In 2010, the Standing Committee on Finance examined the Canadian retirement security system. None of the recommendations—not even those of the Conservatives—suggested that old age security and the guaranteed income supplement were not sustainable, or that the age of eligibility should be increased.

During the 2011 election campaign, the Conservatives even said they would not reduce transfer payments to individuals or provinces for basic needs such as health, education and pensions. This is some lack of respect for democracy! Not only did the Conservatives hide their agenda, they also misled Canadians by saying repeatedly that they would not cut pensions.

Then they came along with irresponsible and ideological choices that do not reflect the values of most Canadians: major cuts to environmental protection, food safety, old age security and employment insurance, among other things.

The Conservatives have no problem with their ministers spending thousands of dollars of taxpayers' money to take limousine and helicopter rides, but they have no scruples about cutting measures that keep Canadians safe and protect our most vulnerable citizens.

There is so much secrecy in Bill C-38 that it is unacceptable for it to be passed as is in the House. The government should come clean and redo its homework to protect the best interests of Canadians.

I would like to come back to old age pensions. I used to work in a factory where we were familiar with occupational illnesses. It is true that great strides have been made in factories, but the work is still extremely hard. People back home are known for suffering from bladder cancer, lung cancer, industrial deafness and all kinds of things. So how can the government force factory or mine workers to return to work at the age of 60, 62 or 63? What will the Conservatives do with these people?

I would like to talk more about seasonal workers. Here is a solution for the Conservatives. In Tadoussac, when the whale-watching season is over and tourism is done, they could shut down the town and transfer workers to La Romaine to work on the hydro dams. That makes no sense. These are seasonal workers. They make their living off of fishing, tourism and whale-watching. There is no work for them in the winter. The Conservative government did not take that into account.

The employment insurance situation is even worse. The government is creating three classes of unemployed workers, three kinds of people to justify that approach. There will be short-term recipients who collect employment insurance occasionally; others, less fortunate, who find themselves out of a job more often; and yet others who collect employment insurance regularly and will have no choice but to accept lower-paying jobs. Moreover, these people will not be working in their chosen field. It will not be fulfilling for them.

People can accuse the NDP of anything they want, of wrecking one thing or standing up for another, but there are some things we do not understand. Yes, the Conservatives have to make changes; yes, there will have to be cuts. Cuts must be made, but the Conservative government is not cutting in the right places. Cutting health care and seniors' benefits and forcing people to take lower-paying jobs will not contribute to the nation's progress.

Anyway, I have been here for a year now. I have always believed that we should be working for the good of communities, workers and Canadians, but that is not the sense I get here. I get the sense that the government holds workers in contempt. As I have said here in the House, workers pay taxes, and they are the reason that we are here to participate in these debates and get to the bottom of things.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Madam Speaker, I really appreciate my colleague's comments. He really knows the issues facing people who work in the industrial sector and truly cares about employment insurance.

With the changes being made by this government, people will lose their benefits in no time at all. Perhaps we need to remind the Conservatives who really pays for EI benefits. I find it truly disturbing that people can lose all the money that would really make a difference to their families when they lose their jobs.

I would like to hear my colleague's comments on the government's cuts to employment insurance.

[Claude Patry, NDP, Jonquière—Alma, QC]

Madam Speaker, I thank my hon. colleague for the question.

My concern is that when we think of employment insurance, it is supposed to be a safety net. Now the government is going to force people to accept 70% of the wages they were previously earning. If people are truly unfortunate and are let go after three months, they are gong to be offered 70% less in wages. Where will this ultimately lead? Are we headed for cheap labour? That is our concern. That is what many workers are worried about. People do not make a decision to be seasonal workers. People who live on the North Shore live off the fishery. There is no fishing in the winter. Everyone could transfer to La Romaine, I guess. This makes no sense. It is completely absurd.

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

Madam Speaker, I also want to congratulate my colleague from Jonquière—Alma on his presentation.

He has identified a serious problem with Bill C-38. In the House of Commons, we have employees who are unemployed almost all summer. They are long-standing employees who have worked here for 10 or 11 years. For instance, there is the group of servers in the restaurants or the House of Commons bus drivers. In the summer, they are not paid, but in September they get their jobs back. That is how the House of Commons system works. The same applies to people in the tourist regions, the fisheries and forestry.

I will ask my question in English.

I know what happens to people who are in the seasonal industries. If we tell them they have to find another job somewhere for two months, three months, four months, it is unfair to the employers who hire them. Are employers going to hire and train people, knowing they will be gone in two months for the job that is waiting for them back here at the House of Commons?

[Claude Patry, NDP, Jonquière—Alma, QC]

Madam Speaker, that is a concern I have seen among employers. Often, when things start up again, when the organization resumes its activities and the tourists come back, people come to the ticket office and board the boats to go fishing. It is almost always the same people who come back to work for the same employer. The employers fear that they are going to lose some employees with expertise who might go work elsewhere. If the difference in pay is $1 or $2 an hour and they are given a regular schedule instead of having to work seasonally, there is no problem. The thing that concerns the employers is that their employees are not going to come back when the fishing or tourism season opens.

[Niki Ashton, NDP, Churchill, MB]

Madam Speaker, I would like to ask my colleague, the hon. member for Jonquière—Alma, a question.

One of the least discussed items in the budget is the weaker foreign ownership regulations, especially those concerning telecommunications. I would like the member for Alma, a community that has its own challenges as a result of the weaker regulations, to talk to us about what the government needs to do to support our communities.

[Claude Patry, NDP, Jonquière—Alma, QC]

Madam Speaker, I will give a short answer.

I would like to mention that there are large multinationals in my riding, but it is the small and medium-sized businesses that create employment. When a big multinational catches a cold, the SMEs cough. We want to create something, keep our people working and have good, well-paid jobs so that people can live decently. We are not asking for MPs' wages. We are asking for decent wages that people can live on.

[Michelle Rempel, Conservative, Parliamentary Secretary to the Minister of the Environment]

Madam Speaker, on Sunday we celebrated Father's Day in Canada and other parts of the world. It gave me an opportunity to reflect on some of the teachings I was raised on. I really thank my dad, my stepdad and other people who have acted as father figures, someone who is sitting in the Senate gallery today, for their wisdom.

I was talking on the phone with someone about the principle of balancing the books in a household. Something that was instilled in me at a young age was that the principle of balancing books means that one can either spend less money or make more money. This is a challenge that Canadians face every day, how to balance their books. It was an interesting conversation, because we were speaking about how this affects my life as a legislator. Bill C-38 has this embedded in it as a fundamental principle.

Government has a role in managing programs, laws, services and public goods that underpin the competitive advantage our country enjoys internationally, programs such as employment insurance, our health care system, ensuring our streets are safe. Government has a role in all of these things. We provide them to Canadians. These programs also ensure that we have a healthy, productive and vibrant population and subsequent workforce. Those who are able can contribute to our society, and those who are not able are cared for and whenever possible are assisted in finding opportunities to succeed.

These practices are valued by Canadians, and yet, as in anything that has a value, they come with a cost. Programs are funded by taxes, royalties and levies on Canadians, be it individuals or job-creating companies. This means these individuals and entities lose access to these funds and subsequently will change their spending habits, be it for the consumption of goods, saving funds, hiring of employees, investment endeavours, and the list goes on.

Therein lies the rub. Government programs and services play an integral role in our society, and yet they come at a cost. I would hope that all of my colleagues would agree that achieving a balance in this regard is part of the responsibility we are charged with as legislators.

Embedded in this duty is the duty to review the efficacy and delivery of the programs and services, laws and regulations that we manage to ensure they are doing what they are intended to do, to improve on them whenever possible, and to ensure we are being wise stewards of taxpayer dollars.

These are important principles to remember as we watch what is happening in parts of the eurozone. In Greece, we see a country that has borrowed to the brink. Its economy is stalled, and the sustainability of the social programs it provides and which I talked about earlier is in question.

That is why our government has introduced Bill C-38. It is to ensure the long-term prosperity of our country in light of global economic fragility. It is the message that our country is taking to the G20 summit that is happening this week, the need to work toward balanced budgets around the globe while putting forward policies that encourage economic growth, so that populations can ensure they see that prosperity and sustainability of programming which underpins the fabric of our societies.

I talked about the need to ensure there is balance in spending and program delivery.

Since 2006, our government has reduced the tax burden on families. The average family of four pays $3,000 less in taxes. I know that $3,000 makes a lot of difference to the average Canadian family of four, and Canadians have recognized that.

We ensure that job creators operate in a competitive tax regime. People want to invest in our country. We are seeing job creation here. Over 760,000 net new jobs have been created since the economic downturn in 2009. It is also why we have introduced the responsible resource development aspects of Bill C-38, which I want to speak to tonight.

I was speaking with my colleague, the Parliamentary Secretary to the Minister of Transport. He gave a speech recently in which he noted that two of the biggest shareholders in Canadian Natural Resources Limited, the country's largest independent oil producer, are the Quebec pension plan and the Canada pension plan, with $576 million and $165 million invested respectively. There is clearly an interplay between the companies that are undertaking natural resource development projects and energy projects with other fabrics of our society.

In fact, I believe $2.1 trillion is what the oil sands is expected to drive for economic growth in our country over the next 25 years. We talk about long-term sustainability for funding our social programs. The sum of $766 billion is what the oil sands industry alone is estimated will pay in provincial and federal taxes and provincial royalties over the next 25 years. There is no denying that we need to ensure that for the long-term prosperity and growth of our country we recognize that the resource sector is important to Canada's economy.

The measures that are included in part 3 of Bill C-38 are not designed to weaken environmental protection. We still have robust environmental assessments embedded in the country's laws and regulations. We have recognized the fundamental principle of window to market, the concept by which we assess whether or not a project is viable is recognized in our regulatory process. That is why we have inserted predictability and timeliness in the review process.

I was at the subcommittee that reviewed Bill C-38, as well as the Standing Committee on Environment and Sustainable Development, where we reviewed the Canadian Environmental Assessment Act. Absolutely, the need to protect Canada's environment came up over and over again. Certainly, I do not think there is anyone on the government side who would refute that point. However, we need to ensure that we have predictability and timeliness so that when projects are environmentally sustainable according to our laws and they meet those criteria, they can go forward. We as regulators are achieving that balance. We are talking about creating more revenue for the funding of our social programs, creating more jobs for people to enjoy the good standard of living that we have in Canada.

We have heard a lot about the environmental components of the bill and it behooves the House to listen to some of the measures that actually strengthen environmental protection in the bill. At the subcommittee, the environment commissioner noted that something like 99.4% of the environmental assessments that are currently undertaken by our government through the Canadian Environmental Assessment Agency, have “little to no environmental impact”. One of the examples that was given was a park bench being added in a national park.

We also asked him if he felt that if the resources that were being allocated to the review of these projects were allocated to larger projects with significant environmental impact would be a better use of taxpayer funds. He said yes. The Canadian Environmental Assessment Agency agrees with this as well. That is a component we are using to strengthen environmental protection.

Another thing is that for the first time people who break the terms of their environmental assessment would be faced with stiff monetary penalties. Penalties could range from $100,000 to $400,000. This is a new measure in Bill C-38.

We require follow-up programs after all environmental assessments to verify the accuracy of predictions regarding potential environmental effects and to determine if mitigation measures are working as intended. Again, this is strengthening environmental protection. For the first time, we would provide federal inspectors with authority to examine whether or not conditions set out in environmental assessment decisions are met. I could go on and on.

The opposition is not talking about these things. We are trying to create balance between environmental stewardship and economic growth.

A lot has been said about the consultation process around the bill. As a member of the subcommittee that reviewed part 3, I would like to read a list of those who participated in the consultation process through the subcommittee: Canadian Environmental Assessment Agency, Department of Fisheries and Oceans, Department of Indian Affairs and Northern Development, Department of Natural Resources, Department of Environment, Department of Transport, Building and Construction Trades Department, Canadian Association of Petroleum Producers, Canadian Construction Association, Canadian Manufacturers and Exporters, Canadian Nuclear Association, Federation of Ontario Cottagers Association, Mining Association of Canada, Ontario Commercial Fisheries Association, Saskatchewan Association of Rural Municipalities, Assembly of First Nations, British Columbia Coast Pilots Ltd., Canadian Federation of Agriculture, Ecojustice, First Nations Tax Commission, Office of the Auditor General of Canada, Ontario Federation of Anglers and Hunters, Pacific Pilotage Authority Canada, Canadian Hydropower Association, and as an individual, Tom Siddon.

I am getting the signal that my time is expiring.

The point to be made is that we have talked to Canadians. Canadians understand that we need long-term growth and prosperity in this country, and that is what Bill C-38 seeks to deliver.

[Dennis Bevington, NDP, Western Arctic, NT]

Madam Speaker, I had the opportunity to speak with Ducks Unlimited in the last two weeks. Its concerns around this legislation were quite strong.

We have lost 70% of the wetlands in Canada. The Conservative side has made much about drainage in farmers' fields. Ducks Unlimited said to me in my office that drainage in farmers' fields is an issue. The wetlands in this country that have been lost are important. So when we talk about drainage on any large piece of land, there has to be some understanding of the impact that draining that land would have on the environment. Installing a culvert is not a simple matter.

I would like to ask my colleague from the Prairies, where the wetlands are in so much danger, what she thinks we should do to promote wetlands in this country. How does she think we should move ahead with that, considering the great problem we have?

[Michelle Rempel, Conservative, Calgary Centre-North, AB]

Madam Speaker, as a young girl I spent time going to Oak Hammock Marsh in the summer.

I am very familiar with the programs and services Ducks Unlimited offers, and it does a great job. Our government has invested millions of dollars into its programs. It has actually leveraged our government's dollars on what I think is a three-to-one basis in the protection of wetlands.

The member asked about the long-term protection of wetlands. If we talk to Ducks Unlimited and the people who work on a working landscape, they understand the need to talk to local folks who use the land and engage them in these conservation efforts. That is where Ducks Unlimited functions well as an organization.

From our government's perspective, we have invested millions of dollars in conservancy efforts across this country and those efforts are paying off.

[Lise St-Denis, Liberal, Saint-Maurice—Champlain, QC]

Madam Speaker, I would like an explanation. My colleague opposite said that the Conservatives were ensuring the long-term sustainability of social problems. I have no idea what that means.

Could she explain the main social problems that she sees? What does she mean by ensuring the long-term sustainability of said problems?

[Michelle Rempel, Conservative, Calgary Centre-North, AB]

Madam Speaker, herein lies the inescapable paradox for those who believe in the welfare state. They believe they can create jobs by taxing those who hire, that we can borrow our way out of debt or protect pensions by taxing the companies to pay into them.

Bill C-38 proposes to create the conditions for long-term growth in the economy of our country by allowing companies to invest, by protecting our environment, while at the same time saying that some of our social programs are going to cost more in the future, like OAS. How do we ensure the long-term sustainability of that? We do that by making changes now and by also ensuring that we continue to have that stream of revenue that is created by companies.

I really appreciate the question my colleague asked, because it speaks to fundamental economics. There is an opportunity cost to delivering programs through government, but we achieve that balance by investing in growth, by creating terms and conditions for growth and also by ensuring the government's books are balanced.

[Mark Warawa, Conservative, Langley, BC]

Madam Speaker, I want to thank the member for her good work and her commitment to improving the environmental assessment process.

I just want to ask my colleague about the opposition's inconsistencies by voting against our budgets and our funding for environmental improvement, yet lambasting the government. Is there a problem with the consistency of what it is saying and doing?