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.

Employment Insurance

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

Mr. Speaker, the Mattawin adventure centre located in Trois-Rives, in the Mauricie region, is asking us whether qualified seasonal employees will be required to leave the centre to accept other jobs now that Bill C-38 has passed. We are still waiting for answers to give to these tourism stakeholders.

Can the minister responsible rise today and reassure the seasonal employers targeted by this change to employment insurance?

Northern Jobs and Growth Act

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I had the opportunity to contract some work the other day looking at the impact of Bill C-38 on northern Canada. Under environmental assessment, it is clearly just a terrible disgrace what is happening in the north. What is happening across Canada is only magnified in the north, because northerners do not have the strength of being provincial governments that hold the cards. In so many respects, we are reliant on the federal government to do the heavy lifting when it comes to environmental issues, and the Conservative government is not interested in heavy lifting on environmental issues and quite obviously is setting us up for some very difficult times.

This is something that the government is going against. The development of environmental legislation was all-encompassing through the government. The Department of Transport website always used to talk about the environment until the Conservative government removed those words. We have within Canada an understanding that environmental concerns are holistic, covering all aspects of life. The government is trying to push these aspects down into one little spot and take them away. That is not the direction to go.

What the Conservatives are doing will hurt in the end because they are not going to be here forever. When we get a decent government that understands Canadians' values, it will go back to more environmental protection. How is that going to leave the certainty of what is going on in this country? You are disturbing the certainty of our country.

Family Homes on Reserves and Matrimonial Interests or Rights Act

[Fin Donnelly, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, I sincerely appreciated the speech from the member for Manicouagan and his direct experience with the first nations' life and living conditions. It adds a lot to this debate.

I also want to take time to acknowledge our critic for Indian and northern affairs, the member for Nanaimo—Cowichan, who has done excellent work in the past and also adds a lot to this debate and this discussion.

Today we are talking here about Bill S-2, an act concerning matrimonial real property on first nations reserve lands. It makes changes to the Indian Act to allow for provincial family law to apply on reserves in the event of a matrimonial breakdown or the death of a spouse or common-law partner.

There is a legal vacuum concerning real property on reserves due to the jurisdictional divide, wherein provinces and territories have jurisdiction over property and civil rights within the provinces, and the federal government has jurisdiction to legislate “Indians, and Lands reserved for the Indians” under section 91.24.

The Indian Act does not provide for a division of MRP upon marriage breakdown, and first nations jurisdiction is not explicitly recognized by Canada. This has led to major legal cases, such as Derrickson v. Derrickson, 1986, and Paul v. Paul, also 1986, which were dismissed by provincial courts because the provincial laws cannot apply to lands on an Indian reserve. Thus, there is this legislative gap.

Bill S-2 is the fourth iteration of similar legislation that the Conservatives have tried to pass since 2008, and the NDP has opposed every time it has come forward for debate.

There have been five parliamentary studies that have been conducted on MRP: A Hard Bed to Lie In by the Senate in 2003; Still Waiting by the Senate in 2004; Arm-in-Arm by the aboriginal affairs and northern development committee in 2005; the report by the status of women committee in 2006; and a ministerial report by Wendy Grant-John in 2006.

I just want to mention the latter, which stated that no consensus has been found regarding legislation that could apply to MRP. Among other things, it recommended that concurrent jurisdictional models be used where first nation law was paramount and that the government needed to identify the real costs of implementing provincial legislation on reserves.

All previous bills, and now Bill S-2, neglect almost all of the recommendations made by all of the aforementioned reports.

The Conservatives are trying to say that the recommendations from the 2006 ministerial report by Wendy Grant-John are being implemented, but that is absolutely not the case.

There is no question that this issue needs to be addressed. However, the Conservatives are trying to pass a law that appears to be in favour of first nations women's rights while ignoring the voices of first nations women themselves. They are fast-tracking legislation without addressing all the relevant non-legislative problems that first nations women and families have identified.

The Conservatives are not interested in a fulsome discussion of the bill or any first nations issues. They want to hastily enact a bad law just so they can say they have done something.

The problem requires a comprehensive response led by first nations. This approach must address family support services; more on-reserve housing and shelters; police support services; building first nations capacity to resolve disputes; solutions to land management issues; and resolutions of matters relating to citizenship, residency and Indian status.

Bill S-2 is an insincere and overly simplistic attempt to rectify a complex problem that was brought about by the Indian Act.

The Assembly of First Nations facilitated a dialogue, which identified three broad principles that are key to addressing matrimonial rights and interests on reserve. I will identify those: recognition of first nation jurisdiction; access to justice, dispute resolution and remedies; and finally, addressing underlying issues such as access to housing and economic security.

Based on these principles, I would like to take a closer look at two important themes that underpin the position of the New Democrats on Bill S-2: the absence of meaningful consultation with first nations; and the need to address the non-legislative problems surrounding the issue of matrimonial property rights.

I will turn to what others had to say on this in elaborating on meaningful consultation and non-legislative problems.

Ellen Gabriel, the former president of the Quebec Native Women's Association and AFN grand chief candidate, said:

It is reprehensible that the Government of Canada is so eager to pass legislation [that seriously impacts the collective human rights of Indigenous peoples] without adequate consultations which requires the free, prior and informed consent of Aboriginal peoples.

This is a growing trend of the Conservatives thrusting legislation upon Canadians without first consulting.

For example, the fisheries and oceans committee studied several clauses of Bill C-45, including a clause relating to the definition of what constituted an aboriginal fishery. There was an absence of consultation with first nations. It was only a one-way dialogue.

I will offer another quote from Stuart Wuttke from the Assembly of First Nations. He said at the fisheries and oceans committee:

—we feel if there's consultation and accommodation with respect to first nation interests, there may be a balanced approach. We would definitely prefer that, and we would recommend that consultation and accommodation take place in order to alleviate any potential problems that may exist in the future.

Consultation allows a legislative to find a balanced approach that serves the best interests of all stakeholders and to alleviate any potential problems that may exist in the future. For example, if the government had properly consulted on Bill C-38, it probably would not have found itself making so many amendments now in bill C-45.

According to the UN Declaration on the Rights of Indigenous Peoples, to which Canada is a signatory, consultation requires consent. While Canada has conducted limited consultation, no consent was given by rights holders. Therefore, if we endorse Bill S-2, we will be in violation of article 32 of the UNDRIP, which ensures free, prior and informed consent of any matter relating to the lands or welfare of the rights holders.

I will further add what other first nation women are saying. The Native Women's Association of Canada says:

NWAC is being told by its members that the MRP legislation is too prescriptive and does not adequately support Indigenous legal systems. As well, no financial resources will be allotted to support First Nations Governments to actually implement the legislation, if it were to get passed.

The NWAC testified at the Senate hearings on Bill S-2 and said the following:

—our women and population and constituents have repeatedly told us 12 months is not a sufficient transition period if this bill were to go ahead. First Nations are dealing with governments that are already overloaded with many socio-economic issues.

We are looking at a longer-term plan: two years, five years and ten years. Those are the types of plans that need to be developed in cooperation with First Nations, not government designing it and having patchwork input from First Nations. You will have a holey quilt, if you will. Too many resources will also be spent, and it will not be a satisfactory result for anyone.

We would rather take the time, do it right and stop pushing ahead in a rush to have a quick resolution that might not be a good one for anyone.

The image of a holey quilt is a good one and identifies the need for co-operation with first nations that the government should have.

About Bill S-4, which was a previous incarnation of Bill S-2, Pam Palmater, a professor of aboriginal law at Ryerson, said:

The Minister also said that Aboriginal women are in need of “immediate protection”. If the Minister actually listened to the voices of Aboriginal women, he would have heard that Aboriginal women do not want Bill S-4 as it is currently drafted. He would also have heard that what they do want is gender equality addressed in all of Canada's legislative initiatives....

Employment

[Jonathan Tremblay, NDP, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Mr. Speaker, with Bill C-38, new employment insurance measures were implemented and we had to deal with the definition of "real job search".

The Conservative government lacked transparency by failing to inform the public of the real effect that these new rules would have. It is disrespectful to inform people of new requirements as they receive their cheques—that is, when they get one. This government takes people for dishonest slackers when it asks them for actual proof of interviews with potential employers. The Conservatives discredit workers, treat them like children and humiliate them. They must prove they are looking for work, not to mention that someone from Forestville must now report for an interview in Baie-Comeau, an hour's drive away.

There is no real job creation solution. At the end of the race in the regions, we will be seeing an exodus of skilled workers. The Conservatives are jeopardizing the efforts of the economic players in those regions. The minister can see that for herself if she comes to Haute-Côte-Nord or Charlevoix. For the seasonal industry back home, winter is winter.

Motions in Amendment

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I am honoured to rise on behalf of my constituents in Surrey North to speak on Bill C-27, an act to enhance the financial accountability and transparency of first nations.

I will speak to accountability and transparency in a moment, but I would first point out that the bill is fundamentally flawed in failing to address the real issues that we should be talking about in this House, the real issues affecting our first nation communities, including in northern British Columbia, Alberta and across the Prairies to Ontario and the rest of the country. Those real issues are housing, jobs, education and running water for our first nation young people.

It is a fundamental flaw in the bill that we are not discussing these issues that have affected our first nations for many years. We should be discussing these issues in the House to improve the lives of our first nation people. Yet, the Conservative government has failed to address any of these issues that need to be addressed.

Before starting out with a bill, it would make sense to consult the very people it would affect. We have heard in this House and at committee that the government has failed to address the concerns of first nations by listening to them, the very people the bill would affect.

It is not just about listening, but also about making changes to the bill to improve accountability and transparency. As we heard in committee, New Democrats produced a number of amendments that would have improved the bill, yet the Conservatives did not want to listen to them or make the changes.

From the Conservatives we have seen no accountability and transparency. There was no accountability by the Minister of Agriculture when it came to the XL Foods debacle. We saw no transparency or accountability from the Minister of National Defence or the Associate Minister of National Defence when it came to the F-35s. My colleague from northern Ontario talked about the lack of accountability in Aboriginal Affairs and Northern Development Canada in his speech, referring to a “black hole of accountability” there.

I think that accountability and transparency has to start with the government being accountable to the taxpayers of this country. However, the current Conservative government has failed to be accountable and transparent.

Despite hearing about transparency and accountability from the other side of the House, we have Bill C-38 and now Bill C-45, the omnibus budget bills. The Conservatives failed to properly consult on these bills and to put them into the right committees to look at the issues affecting Canadians. I am taken aback when Conservatives talk about accountability and transparency, because the current government has not shown any of that when it comes to a number of issues that have been raised in the House.

There are a number of so-called transparency and accountability issues the government brings up in the bill. I want to highlight them and look at whether there really is transparency and accountability and if things are in place already addressing some of those concerns.

The bill would require every first nation, except those with self-government regimes, to produce an audited annual consolidated financial statement; a separate annual schedule of remuneration covering the salaries, commissions, bonuses, fees, et cetera, paid by the first nation and any entity controlled by the first nation through its chief and each of its councillors in their professional and personal capacities; an auditor's written report respecting the consolidated financial statement; and an auditor's report respecting the schedule of remuneration.

For each of these four documents, the bill requires each first nation to provide it within four months upon request of any of its members, and to publish the document on its website and retain it there for over 10 years. Here is the kicker: the minister must also publish the document on the website of the Department of Aboriginal Affairs and Northern Development. Failure of the first nation to comply with these requirements of the bill enables the minister to withhold any funds to first nations, and the minister can also terminate any funding agreement with first nations.

We heard from the previous speaker about the minister arbitrarily having these powers and the ability to withhold money for the very issues that we need to address. We saw him last winter withholding money for three months from first nation schools in northern Ontario communities.

There is a whole bunch of requirements now being put on first nations to report this stuff. I think these onerous requirements are already in place, because we can get that information already. However, I do know that the Conservatives have to play to their ideological base and interest groups to make it look like they are actually addressing the issues of first nations.

Again, if they were really concerned about addressing the real issues in our first nation communities, we would be discussing housing for first nations. We would be discussing education for every child and adult in first nations. We would be addressing water issues in first nation communities.

I have listed a number of requirements of the bill that will put an onerous burden on first nations. I also want to let the House and the people who are listening know that there are certain mechanisms in place that already incorporate some of these things. The current policy based requirements include the fact that the majority of the funding arrangements between Canada and first nations are in the form of fixed term contribution agreements under which first nations must satisfy certain conditions to ensure continued federal contribution payments. The requirements for financial reporting are also set out in AANDC's year-end financial reporting handbook. Under the year-end financial reporting handbook, first nations must submit to AANDC annual audited consolidated financial statements for which public funds are provided to them. These include the salary, honoraria, and travel expenses of all elected, appointed and senior unelected band officials. The latter basically include unelected positions, such as those of executive director and band manager.

Therefore, we already have in place arrangements where first nations provide this information when they sign agreements with the government for the funds available to them.

New Democrats are opposed to this legislation, as it will be imposed on first nations. We need to work in collaboration with first nations to come up with a framework to address the real issues that are of concern to them and Canadians. This has been going on for many years. We need to take a look at these issues. We should be discussing first nations' housing, education and running water. These are the real issues affecting our first nations, yet the government has consistently failed to address them.

Safe Food for Canadians Act

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, I would like to talk about Bill S-11, but before doing so, I would like to provide a bit of background.

A few months ago, I rose in this House to speak out against the disastrous consequences of Bill C-38 to implement certain provisions of the budget. Among other things, I pointed out that the bill far exceeded its mandate. The Conservatives have brandished this bill like a magic wand to implement their ideological austerity agenda.

I also spoke out against cuts to the Canadian Food Inspection Agency that would allow private companies to carry out inspections. After repeated attempts by the NDP to convince the government to provide more information about this bill, the Conservatives proceeded. I sat for 22 hours straight in protest. It was in vain. The Canadian Food Inspection Agency budget was cut by $46 million, and 314 full-time jobs will be eliminated by 2015.

While it is true that the number of inspectors at the CFIA has declined steadily on the Conservatives' watch, I would be lying if I said that I do not support Bill S-11. Like my NDP colleagues, I immediately saw this as a step in the right direction that would give Canadians greater food safety.

I must say that the NDP did not expect any less: we have been demanding that the agency be modernized since Sheila Weatherill's report was released in 2009. Now that the bill has reached third reading, I still support it. Nevertheless, the Conservatives' attitude is unfortunate.

It is unfortunate because the witnesses we heard at the Standing Committee on Agriculture and Agri-Food confirmed our fears: Bill S-11 would not have been enough to contain the crisis that recently struck XL Foods in Alberta. The government did not bother to listen to the NDP's recommendations, and our amendments were rejected without any discussion. The Conservatives missed an excellent opportunity to shed their reputation as an autocratic government and demonstrate a little co-operation.

The important thing to remember is that the government's reckless cuts are putting Canadians' lives at risk. In many areas, cuts are irrevocably affecting people's lives across the country. When it comes to food safety, it is a matter of life and death.

And if life is not important enough to the Conservatives—except, of course, the lives of the unborn—we must recognize that there is also an economic benefit to food safety. How many E. coli crises like the one that struck the community of Brooks, Alberta, can our economy withstand?

The NDP supported XL Foods from the very beginning. What did the minister do during the crisis? He took days to respond, burying his head so deep in the sand that he probably found new oil reserves.

The Conservatives' reaction to the XL Foods crisis shows that they do not hesitate to mislead Canadians by saying things in the House that are not true. On October 2, the minister himself assured us that the CFIA had added 700 new inspectors since 2006. The minister included in that calculation hundreds of people who have nothing to do with protecting Canadians from unsafe food products. What is more, the facts show that there was no new meat hygiene inspector position at the CFIA. How do they come up with it?

The only time the Conservatives added inspectors to the meat processing program was following the listeriosis crisis, another crisis that Canadians could have done without. The government added 170 inspectors to calm things down, but cut 314 a few years later.

Let me put this into words the members opposite will understand: do the math.

Looking at these sorry past decisions makes us wonder, and rightly so, whether Bill S-11 is just a smokescreen.

Among the amendments unilaterally rejected by the Conservatives was one that guaranteed anonymity to an employee who blows the whistle on a practice that contravenes CFIA rules. At XL Foods, some employees who saw that standards were not being met chose not to say anything out of fear of losing their jobs. That is why the CFIA should have guaranteed this necessary anonymity, but the Conservatives refused.

Another amendment seemed necessary to me, and it called for the immediate audit of the Canadian food system with the coming into force of the bill. We then proposed that an identical audit be done every five years to verify whether all the objectives set out in the legislation had been met. If not, the government could have made the necessary changes, but the Conservatives refused.

In closing, I would add that Canadians will not be fooled by the dramatic increase in food safety-related penalties. They have been multiplied by 20 for the sake of appearances, but historically at the CFIA, the maximum fines have never been applied at current levels. In 2011, for example, the average fine was just 5% of the maximum fine and none exceeded 20%. Instead of being tougher, such increases might put a damper on the regulatory environment and decrease the number of penalties.

I could continue for some time listing the problems with this bill. That being said, I can only commend this initiative and confirm my support for it, for the welfare of the community.

Even though it is a step in the right direction, unfortunately it looks more like a dance step.

[Frank Valeriote, Liberal, Guelph, ON]

Mr. Speaker, my hon. friend raises a good point, something that this Parliament was victimized with the moment the Conservatives gained power in 2011, that they we will do things their way or no way. They are not interested in reasoned amendments, not on omnibus Bill C-38 or Bill C-45, and not on this food legislation Bill S-11.

There were many thoughtful amendments brought forward, not for the purpose of stage playing or any purpose than to make a good bill better, as my friend from Welland said. However, the Conservatives are not interested. As I said earlier, even at committee when I was moving my amendments, there was no response from the governing party. The Conservatives just asked the chair to call the question because they were not interested in discussing it.

Helping Families in Need Act

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I am pleased to rise in the House today to speak about Bill C-44, An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations. Hon. members will recall that some aspects of this bill are very beneficial. I am very happy to say that we, on this side of the House, are prepared to support this bill.

For example, this bill will allow parents to extend their maternity and parental leave by the number of weeks that their child was hospitalized, which is an improvement over the existing provisions of the Employment Insurance Act. This will make it possible for parents to extend their parental leave by the number of sick days taken during that period. The same goes for time spent serving in the Canadian Forces Reserves. This and many other aspects of the bill are quite worthwhile.

We have heard many times, particularly from the government side, that 6,000 claimants will benefit from this amendment to the Employment Insurance Act. There are well over a million unemployed workers in Canada, 870,000 of whom are not eligible for employment insurance benefits. Only 4 out of 10 unemployed workers are eligible for employment insurance benefits; 6 out of 10 ten are not eligible.

I am very pleased that the government is giving benefits to 6,000 claimants in Canada for very worthwhile reasons, and we certainly support that. However, this helps only 0.27% of all unemployed workers in Canada: those who are eligible for employment insurance benefits. There is a great deal of work to be done with regard to employment insurance. We are far from meeting the real needs of Canadians.

Allowing families to collect employment insurance benefits in difficult situations, particularly those involving their children, is certainly a good thing. We completely agree. We must help these people. The health of a child is at risk, as is the mental health of parents, children and the community in a broader sense. For all of these reasons, it is important to support this bill.

However, what is missing here is support for communities that depend on employment insurance benefits. We have not really talked about the terrible hardship that will be created by the other employment insurance bills proposed by the Conservatives. For example, let us remember that, under Bill C-38, which was passed in the spring, thousands of unemployed workers will not be eligible for employment insurance benefits next year and even this fall because of changes that the Conservatives made to the Employment Insurance Act and the pilot projects that they did away with by amending the act.

It is very troubling. I definitely want to help families in situations where they need more support. However, I also want to help communities, especially those in the regions that depend on a seasonal economy. They depend on employment insurance. In order for the economy to keep going during the summer, these people need to be compensated during the winter months.

I encourage the Conservatives not only to help families who are having difficulties because they have a child with health problems, but also to start treating other claimants and unemployed workers with the same respect. The 6,000 claimants who will benefit from this change include parents of abducted children who will qualify for employment insurance.

The Canadian Police Information Centre reported that, in 2011, 25 kidnappings were committed by strangers and 145 were committed by parents. That is very troubling. Clearly, that is 170 too many abducted children.

Once again, I would like to point out that there are many other needs in Canada. I would remind the House that 870,000 unemployed workers are not eligible for employment insurance. Are we also going to abandon the women who lost their jobs when they went back to work after their parental leave?

The bill does not go far enough. It does not permit special and regular benefits to be combined. It gives the impression of helping people, but if we look at this bill more carefully, we quickly see that many parents will not be able to benefit from the bill's generosity.

The Conservatives ignored the promises they made in their 2011 platform. Indeed, during the 2011 election campaign, they said that they would offer enhanced EI benefits to the parents of murdered or missing children and to the parents of critically ill children. However, they said the funding for this measure would come from general revenues. They seem to have ignored their promises. Most of the funding for this will not come from general revenues, but rather from the EI fund.

Governments have a hard time resisting dipping into the employment insurance fund to pay for their bills. I can see why, since it is a healthy fund, but still, the government has to be consistent. If it promises money from general revenues, then it should come from general revenues.

I would like the Conservatives to note that with this bill, they are finally agreeing with the official opposition on changes to employment insurance. During the 40th Parliament, Bill C-343 would have provided employment insurance benefits to allow parents of missing children to take leave. The Conservatives twice voted against that bill. Then there was an election. We never found out what would have happened at third reading, but we can assume that the Conservatives would have continued to categorically say no. What made them change their minds?

I am very glad that they changed their minds in 2011 and that they made a promise. The bill before us is not exactly what they promised, but at least it is a step in the right direction. Nonetheless, some good opportunities were missed in the past to address some of the problems in our society. Once again, and probably mostly for lack of consultation, the Conservatives have not really identified the other problems faced by our communities. If they had held real consultations, they would have understood that allowing extensions and access to benefits for dependent children under 18 might not be enough.

We should be discussing a bill that meets the needs of parents with dependant children or simply dependants. Often, adults have to look after people older than 18 who have mental health problems. Canada also has an aging population. More and more people have to work in addition to caring for their parents. In situations where dependants have health problems or in potentially more serious situations such as kidnappings, why not give them more benefits and support as well?

In Canada, one in 30 people who are 45 or older look after people who are 65 or older. It is estimated that by 2056, one in 10 will have that responsibility. Thus, more and more people will need more and more help. And yet, it seems that it is difficult getting them this help. The bill before us is a step in the right direction. But, quite frankly, the government could have done much more to lend a helping hand to people in need. It is about time that the Conservatives learned that when you consult people you have to take their needs into account. The Conservatives must listen and get out into our communities. I hope that the other bills they introduce will provide more support than the one we are debating.

Employment Insurance

[Kellie Leitch, Conservative, Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour]

Mr. Speaker, I would like to address the concerns of the hon. member for Charlesbourg—Haute-Saint-Charles. She asked whether we consulted with Canadians on the various initiatives set out in Bill C-38, including changes to employment insurance and old age security.

I would like to assure the honourable member that our government is listening to Canadians.

The Minister of Human Resources and Skills Development, the Minister of State for Seniors and myself consulted widely in the lead up to Canada's economic action plan 2012. We regularly travelled across the country to meet stakeholders, including individual citizens, employers, employer associations, labour groups and academics to talk about the training skills, OAS, seniors and, of course, employment insurance.

Our government’s top priority is the economy, and we are proud that over 820,000 jobs have been created since the end of the economic recession.

Such economic growth is only possible by working in partnership with Canadians. In the summer and fall of last year, I was part of extensive consultations in all regions of the country related to employment insurance and how we set EI rates. This was in addition to the prebudget consultations conducted by the Minister of Human Resources and Skills Development, the Minister of State for Seniors and myself in the lead up to the budget. We heard about EI, the skills gap and the need for better connecting Canadians with available jobs from businesses, labour organizations and Canadians. Consultations are an integral part of our business and provide valuable input for our decision-making process.

Input from Canadians allows us to develop programs and policies for all our citizens.

We have invested heavily in skills and training to ensure that Canadians have the skills and training they need to gain employment in the marketplace. However, it is unfortunate that with all of these initiatives that we move forward with, the opposition continues to vote against them again and again.

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

Mr. Speaker, during question period on June 6, 2012, we were in the middle of a debate on the Conservatives' notorious mammoth Bill C-38 and its measures regarding employment insurance reforms.

I asked the Minister of Human Resources and Skills Development that day why her government clearly did not consult workers before bringing in its reform. In a democratic society, where elected representatives work for the people, it goes without saying that decisions regarding major changes to social programs should involve anyone who could be directly or indirectly affected by those changes.

It also goes without saying that MPs can and should call upon experts in each field—employment insurance, in this case—since they are the ones who have the specialized skills needed to help MPs make informed decisions. We consult experts when it comes time to introduce bills and when we are examining certain issues in committee that will affect the lives of Canadians.

When it introduced mammoth Bill C-38, the government did not even want to divide the bill, which amended some sixty laws of all sorts, so that the content could be properly examined by the appropriate committees.

The NDP was quick to work with all stakeholders who wanted to be heard on areas affected by Bill C-38 but had to do so outside the regular parliamentary process because the Conservatives did not place any importance on the consultation process, which is nonetheless fundamental to our democracy's health.

Unlike the Conservatives, the NDP always listens carefully to Canadians, experts, stakeholders, businesses, scholars and others. We already know that the Conservatives never consulted unemployed workers, employers in seasonal industries, advocacy groups for the unemployed, unions or workers on a reform that will affect them. And, it is important to note that just going around the table at cabinet does not qualify as a consultation process.

I would also like to once again remind members that the government does not contribute to the employment insurance fund and that the money in that fund belongs to workers and employers.

I would thus like the minister to explain to Canadians why her government is not consulting the people affected by her employment insurance reform, and why her government thinks it has the legitimacy to interfere in the management of a fund that does not belong to it.

If the minister is so convinced that what she is saying is true, then she should provide evidence to back it up. Who was consulted and how many times? How many stakeholders are there? Did she merely consult her Conservative colleagues? What consultation mechanisms were put in place? How much time did the consultations take? What needs of employers and workers were identified during the consultations?

Canadians have the right to know.

The Environment

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

Mr. Speaker, today I am going to talk about the government's decision to eliminate the experimental lakes program, or to do away with it. I think that decision is catastrophic.

Research on the quality of our water is critical to Canada. The development of the oil sands and the resulting pollution and contamination due to mining operations, not to mention acid rain and so on, are increasingly important stressors for our lakes and rivers. And we are not even talking about the risk of environmental accidents caused by offshore oil and gas development. It is hard to understand why this government has decided to axe a program that was contributing to Canada's reputation abroad.

The program includes research on blue-green algae, on the impact of climate change on our lakes and fish habitat, and on the impact of contaminants on the lakes' biodiversity. The studies being done by scientists in 58 lakes in their natural state are unique and cannot be replicated anywhere else in the world.

Why? Because it is the only place where research is done directly in the lakes, in constantly evolving complex ecosystems rather than in laboratories. Scientists around the world know this very well. That is why they criticized the cuts from the very outset. In Canada, more than 20,000 people signed the petition to continue the existing public experimental lakes.

Why eliminate this program? The government's answer is that it wants to save money. And yet the Conservatives estimate the savings generated by this decision at only $2 million, when closing the lakes will cost $50 million.

This irresponsible decision by the Conservatives will cost us $48 million and threaten the quality of our waterways.

Canada recently announced that it had signed an agreement with the United States on monitoring water quality in the Great Lakes. Will the government be able to meet its international commitments if it cuts all research programs like the experimental lakes program?

The cuts at Fisheries and Oceans Canada will affect hundreds of scientific jobs all across Canada. In Bill C-38, the first mammoth budget implementation bill, the government took the axe to the environmental assessment process. There were over 3,000 fewer environmental assessments this summer. Bill C-45 goes after lakes and rivers. There are now only 97 lakes and 62 rivers in all of Canada that will continue to be protected. All the water quality monitoring mechanisms are being ditched, one after another.

And then the government goes and tells our neighbours to the south that we will monitor the water quality of the Great Lakes. It is completely absurd.

In addition to axing water quality monitoring programs, the Conservatives are gagging scientists. Scientists working on the experimental lakes program cannot talk publicly about what is going on or explain the impact of the cuts on their research program. Tom Muir, who was formerly a biologist with Environment Canada and who is now an independent researcher, found that there was politicization of research within the department.

Scientists can no longer explain their research findings. They have to refer all questions from the media to the department’s communications branch, staffed by employees who are trained to dish out propaganda rather than scientific facts.

Today we learned that Environment Canada research conducted on the oil sands was censored once again. Scientists at the University of Alberta discovered that contamination levels in snow and rain near the oil sands extraction sites were much higher than average.

Here the department made the researchers use a series of canned responses when speaking to the media. In most cases, the scientists were not allowed to answer media questions and had to refer all interview requests to the departmental communications people. We can no longer ask questions, and the public has no right to know whether our lakes and rivers are being polluted.

I have a question for the minister or the parliamentary secretary. What will happen to our Experimental Lakes? Will the program be privatized?

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, through economic action plan 2012 and Bill C-38, the government severely cut the budget to Environment Canada, gutted environmental legislation, cancelled the National Round Table on the Environment and Economy. The Conservatives have also silenced dissent from environmental non-governmental organizations and continue to muzzle government scientists, threatening our economy and environment.

Our world-renowned natural heritage is now being further imperilled by a government that fails to understand that water is the foundation of life, is at the centre of economic and social development and is fundamental across economic sectors, including agriculture and energy.

Through its latest anti-democratic omnibus legislation, Bill C-45, the government is stripping federal oversight from thousands of Canadian waterways. Of the roughly 32,000 lakes in Canada, just 97 lakes and 62 rivers will now be protected.

Instead of killing the Navigable Waters Protection Act, will the government prioritize clean water and restore our freshwater ecosystems?

Fisheries and Oceans

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I would simply like to remind the hon. member that the Conservatives collected fossil awards at the Rio+20 conference. The Minister of the Environment's shelf holds a collection of environmental fossil awards. It is thus difficult to say that the Conservatives have done what is necessary for the environment.

The most recent budget cuts found in the two mammoth budget bills, Bill C-38 and Bill C-45, show that they have not. These bills make radical cuts to the environment and there is nothing in these bills to protect our marine areas. On the contrary, the Navigable Waters Protection Act has been completely gutted. Canada has also take a major step backward in terms of environmental science. As I mentioned, the Conservatives are making serious cuts in this area. This will do nothing to help protect our oceans. Oceans cover a large portion of our planet. They are the very essence of life. Water is the essence of life, and that is why we must protect it.

According to the hon. member, if the government has done everything it can, why was it given so many fossil awards?

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I am pleased to have this opportunity to talk about a question that I asked on June 19 about the Rio+20 conference and the Conservatives' catastrophic record.

May 22 was the International Day for Biological Diversity, and the United Nations Secretary-General, Ban Ki-moon, issued this appeal: “Rio+20 must galvanize action to improve the management and conservation of oceans.”

Rio+20 was held in June 2012, the 20th anniversary of the Earth Summit. Two very important environmental proposals were on the table, but unfortunately, the Conservatives fiercely opposed them, which angered Canadians and the people in my riding of Drummond.

The first environmental proposal on the table at Rio+20 was to eliminate over $1 billion in subsidies that the Conservatives give every year to fossil fuel companies—both oil and gas companies. The people in my riding are sick and tired of seeing their tax dollars subsidize billion-dollar oil and gas companies. Unfortunately, at Rio+20, the Conservatives opposed that proposal.

The second environmental proposal was to better protect marine biodiversity in extraterritorial waters, as called for by Ban Ki-moon. Instead of protecting our environment and our health, the Conservatives have another agenda. They are continuing the destruction that they began with Bill C-38. Let me remind the House what that bill included: the Conservatives withdrew Canada from the Kyoto protocol; they eliminated the National Round Table on the Environment and the Economy; and they abolished the Canadian Environmental Assessment Act.

With Bill C-45, they can do more of the same by attacking the Navigable Waters Protection Act this time. For instance, only 97 lakes and 62 rivers in all of Canada will now be protected. That is unbelievable. This means that 99.7% of lakes and 99.9% of rivers in Canada will not have any protection whatsoever. On top of all that, of the only 97 protected lakes, 89% are located in Conservative ridings, which is even more shocking. Of the remaining rivers, the one that runs through Drummond, the Saint-François River, is not protected. People from Drummond are calling me and asking me what the repercussions of this will be. They are shocked to learn that the river will no longer be protected.

Furthermore, I would like to come back to Fisheries and Oceans Canada and more specifically the Maurice Lamontagne Institute, located in Mont-Joli in the Lower St. Lawrence, which has experienced some cuts. This is another example of the vague budget cuts imposed on Fisheries and Oceans Canada. Near Rimouski, more than 120 scientist jobs are affected, including about 30 that will be eliminated altogether. This important institute is one of the main francophone marine science research centres in the world. As I was saying, it plays a very important role, not only here in Canada, but also around the world.

My question is the following: how can the Minister of Fisheries and Oceans claim that the federal government oversees the sustainable development of the oceans, when it is shamelessly cutting anything to do with the environment, whether it is with Bill C-38 or Bill C-45? Can he show us that he truly cares about protecting the oceans?

Jobs and Growth, 2012

[Nycole Turmel, NDP, Hull—Aylmer, QC]

Mr. Speaker, last spring, the Conservatives invoked closure to have the House vote on Bill C-38. The bill contained 425 pages and amended approximately 70 laws and regulations.

Many Canadians and media outlets decried this way of doing things. Even the National Post, generally considered a right-wing newspaper, called into question the Conservatives' approach. This fall, just a couple of months after Bill C-38 was passed, the Conservatives are at it again and have introduced yet another mammoth bill, Bill C-45.

Bill C–45 contains 445 pages and amends 60 Canadian laws. Together, these two bills contain approximately 870 pages and thousands of measures that are, in many instances, unrelated to each other.

I have an important question to ask my colleagues opposite: at what point does all this become undemocratic? Where will it all end? While they are at it, the Conservatives could very well convene Parliament only once per session and invoke closure to introduce and pass one single gigantic bill, and then shut down Parliament. Why not? This is a relevant question, if you look at it in the cold, hard light of day.

Canadians are wondering in whose name the Conservative party is acting when it garnered fewer than 40% of the vote. The Conservatives seem to forget that our parliamentary system is democratic, and should remain so, and that it attributes importance to public debate on proposed legislation, policies of public interest, and the conduct of the executive branch. This notion is crucial, and is part and parcel of democracy.

Democracy is not simply about the electoral process, it is an ongoing process. Once elections have been held, members have the duty and obligation to monitor the government's activities on behalf of all Canadians. They are duty bound and obliged to closely review all legislation that is introduced in Parliament and express varying points of view that must be voiced and defended in the public sphere.

If this is not possible, then I wonder what purpose the members we elect serve. What kind of democracy is it when the majority prevents elected opposition members of Parliament from doing their job? It is completely unacceptable that things would work this way in this Parliament. It is truly unacceptable.

If the government wants to govern autocratically, it should say so openly. The government should tell Canadians that it thinks that winning fewer than 40% of the popular vote entitles it to flout our democratic traditions. We will see how Canadians react to this. That is exactly what this government is doing.

The Conservatives are governing as if the most elementary rules of the democratic process did not exist. They are behaving like there is no need to be accountable to Canadians, and like they have no duty and obligation to be transparent. I believe—and I am choosing my words carefully—that the way the Conservatives are behaving is scandalous.

The Conservatives' actions demonstrate a flagrant lack of respect for our institutions and a democratic tradition that has existed in this country since its founding.

If Bill C-38 and Bill C-45 only made minor technical changes, it would be a different story. We could perhaps live with that. We are not necessarily against omnibus bills. It is possible to conceive of certain situations where they may be useful. For example, when it comes time to make minor technical amendments to certain pieces of legislation. But that is not what the Conservatives are proposing.

Bill C-38 was an attack on old age security, employment insurance, and federal health transfers, and plunged us back into the stone age in terms of environmental regulation.

Bill C-45 does the same thing. We completely oppose this bill at second reading. We believe that the bill further weakens environmental protections, guts the Navigable Waters Protection Act, amends the Canada Labour Code, and takes aim at public service pension plans.