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.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

I do have a point of order on that, Mr. Chair, and as you know, no one respects you and your position and your history in this place more than I, and I understand you're bound by the rules. But on that point of order, Mr. Chair, I would ask you to consider the motion adopted by the committee on October 31 as allowing us to vote on every amendment to Bill C-45 that has been put on notice.

I can tell you our intention—I know through discussions on the government side—was to maximize study and deliberations on this bill while keeping to a reasonable working plan, so that of course we could get things done. By asking 10 other committees to study portions of this bill as part of it, and, if they saw fit, to suggest amendments, which would be considered here, and by confirming that members of this committee were not going to be blocked at any stage from tabling their own amendments either, according to the rules, we wanted to give the fullest possible airing for all of the important measures set out in our budget implementation bill, and that, of course, includes the opportunity to vote and voting itself.

The motion says at 11:59 p.m. the chair is to put “each and every question necessary to dispose of clause-by-clause consideration of the Bill”.

Now, Mr. Chair, to limit it to just the clauses is not, in my mind, reasonable. Today's notice of motion said we were to give the bill clause-by-clause consideration, yet we will be dealing with amendments up until midnight. How is it that those words take on a different meaning at midnight and after than before?

I believe the words “each and every question” includes every one of the amendments filed by every party in this place, which have been duly filed with the committee clerk.

When the House adopts a time allocation motion, it uses the same phrases about, and I quote again, “every question necessary for the disposal of the stage” being “put forthwith and successively without further debate or amendment”.

When the time allocated period ends, the speaker still puts every selected stage motion to the House. Taking Bill C-38, for instance, 15 motions had been moved when report stage debate was interrupted, yet the House voted on all of the selected report stage motions, not just 15.

The same logic that happens in the House should apply to the same wording here, Mr. Chairman, in my respectful submission.

While I will admit, of course, that committees are somewhat different from the House, in which ways are they really different? For example, motions here do not need seconders, the previous questions cannot be moved here, and unless a committee orders, there are no limits on the length or number of speeches a member can make.

Now, Mr. Chair, all of those things have in common a view to expand participation by the committee members and all parties, not to limit it.

My position, I think, supports fairness, due process, and the rule of law, and certainly the ability to speak your constituents' voice. So I do not think it would be logical to interpret our motion of October 31 in a way that is even more restrictive than how the same words would be interpreted in the House, particularly, Mr. Chair, as the spirit of the committee rules is to allow for more participation.

If it is your ruling, Mr. Chair, that we cannot vote on the amendments, which were duly filed with the committee clerk, then I must challenge the chair.

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.

[Kevin Stringer]

When Bill C-38 was under way, we heard from some stakeholders. I think I mentioned this last time. The Hydropower Association and the Electricity Association were concerned because the new section 20, which is the old 26, said that you can't obstruct more than two-thirds of the water course or the river. You can't do that. They said they were concerned that there wasn't a clear authorization scheme. We said that the authorization scheme is in section 35, this prohibition thing, serious harm, etc. They said it's not clear. We said, why don't we remove that section. Our fish manager said, but we use that when somebody puts a net across the river. So we kept the fish management pieces and made it into its own section, section 29.

It's now clear that the authorization scheme for putting logs in the river or a barrier or a dam is section 35 and not the old 20. We just removed those sections but kept it for fish management.

[Kevin Stringer]

I'd say two things. One is that it doesn't change with respect to that, but the other thing is that there's now a specific piece that was passed in Bill C-38 that enables us to address aquatic invasive species writ large. It gives us the authority to make regulations to ban the sale, transport, and import, but also to enable the eradication. So there's now a specific enabling piece for regulation to look at that.

[Kevin Stringer]

I can speak to the science issue. I'll ask my colleague, Mr. Balfour, to speak to the habitat staff issue.

There have been significant investments in science. You're right about the reductions our department has taken, like all other departments. In terms of our science, cuts are always a challenge. We believe that we can meet the requirements we need to with this legislation with the resources we have.

I'd also point to the fact that we have broadened our area of responsibility with Bill C-38 to aquatic invasive species. We've made a specific investment in aquatic invasive species over the last decade, and in the last budget in particular, for Asian carp in the Great Lakes. There have been other investments in science in recent years as well, under the EAP program, for a number of the labs and in a number of other different types of programs, such as oceanography, arctic science, climate change, etc. So there have been substantive investments.

The reductions you're talking about are a challenge for all of us to manage. Our job is to make sure that we're linking the legislation with the resources we have. We believe we can do it in science.

I will ask David to speak to the habitat program.

[Kevin Stringer]

The legislation, Bill C-38 and Bill C-45, we believe provides absolutely clear direction. It says that our focus is going to be protecting fisheries—commercial, recreational, and aboriginal fisheries. It provides definitions for those fisheries.

It also says we're going to apply that based on the ongoing productivity of the fisheries and we're going to protect those fisheries from serious harm. “Serious harm” is defined as permanent alteration or destruction of habitat or the death of the fish.

Then we need to take that legislation and provide direction to staff about how to apply that. The science, working with the policy and program people—and this will get into regulations—is to figure out exactly what we mean by “ongoing productivity”. There is a body of scientific literature that says what ongoing productivity is, how we can apply it in the Canadian context, how we can apply it nationally or regionally, etc. With serious harm and permanent alteration of habitat, what exactly is “permanent alteration”?

There's an FAO, which stands for Food and Agriculture Organization, of the UN, which defines “permanent alteration”. That is 5 to 20 years. The science folks are saying we should actually be looking at it in terms of the generation of a fish, and the challenges. With respect to sturgeon, it's a very long period of time. With respect to some other fish, it's a very short period of time. So it's working through some of those very specific issues about how to apply it.

The legislation is clear. We're working through the specific application of some of the scientific terms with science people, and that's what we need to provide the clarity to stakeholders and proponents going forward.

[Kevin Stringer]

Thanks for the question.

I did indicate, I believe last time when we were here, that land claims includes treaties. I just want to give one clarification and then some comments on that.

First, land claims includes modern treaties. I will use some examples that I walk through in terms of the specific types of treaties. Those are the treaties where some specific types of fisheries are indicated.

I'd also add that the objective of the Fisheries Act is to protect fisheries. The fisheries protection section speaks to what fisheries we're going to be protecting. Aboriginal and treaty rights we need to respect regardless of what's in the Fisheries Act. We will do that with respect to modern and historic treaty. We always seek to respect aboriginal and treaty rights to fishing.

The definitions, which I talked about a little bit last time, in the Fisheries Act and Bill C-38, and indeed in Bill C-45, speak to fisheries that we're going to protect. Commercial with respect to fishing is defined. Recreational with respect to fishing is defined. We know that doesn't cover all of the fisheries that we wish to protect. We know that there are some other fisheries that are described as food, social, and ceremonial fisheries. We know that there are some other fisheries that are described in land claims. So that's what we sought to do. The word “subsistence” was used previously, because that is in land claims, and there are specific fisheries.

With respect to aboriginal and treaty rights, we always seek to respect aboriginal and treaty rights regardless of how they're defined, going forward.

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.

[Leona Irons, Executive Director, National Aboriginal Lands Managers Association]

We'd like to begin by honouring and acknowledging the traditional territory of the Algonquin people. We'd like to thank the standing committee for inviting us to speak today. We look upon this as an opportunity to create awareness of raising professional standards in first nations land management and draw attention to the need for land management capacity in sustaining economic development.

In addition, we'd like to clarify our position related to Bill C-45, in that we are specifically addressing division 8, clauses 206 to 209 amendments, and with respect to the Canadian Environmental Assessment Act amendments proposed in Bill C-38, which Bill C-45 clarifies. We share the same concerns expressed by the Assembly of First Nations in relation to those amendments.

My name is Leona Irons, and I'm the executive director of the National Aboriginal Lands Managers Association. Today I have with me Wanda McGonigle, who's a NALMA director and the chair for our Ontario Aboriginal Lands Association. Our NALMA chairman, Gino Clement, sends his regrets, as he's unable to attend.

I want to give a background of our organization to validate our appearance here. The National Aboriginal Lands Managers Association was officially formed in 2000 as a non-profit, non-political organization. NALMA is a technical organization driven by first nations land management professionals, and we receive our funding support from Aboriginal Affairs and Northern Development Canada. We have a membership of eight regional land associations with 127 first nations and Inuit community memberships at large, namely in the Atlantic, the Quebec and Labrador region, Ontario, Manitoba, Saskatchewan, Alberta, Nunavut, and British Columbia. We also have some associate members.

Our members operate under various land regimes. We manage land under the Indian Act through our reserve land and environmental management program. We have lands under sectoral self-government under the First Nations Land Management Act, and then we have members who have full control and management of lands through their self-government. It's interesting to note that our membership manages over a million hectares of community lands. With additions of treaty land entitlement and specific claims, those projected numbers will increase significantly.

We have three basic mandates, in that we provide our members opportunities for professional development, networking, and technical support. This will raise professional standards to meet existing and emerging future needs for land managers to efficiently and effectively manage their lands.

We do have many challenges in managing first nation lands. We look at three major issues at least. As land management is the foundation for sustainable economic development, we need more professional capacity, more management tools and systems, and adequate resources to continue supporting our land management programs.

Managing reserve land is unique. There is no true counterpart. Just the definition of “reserve land“ poses numerous land management challenges.

Over the past 12 years we've made significant progress in raising those professional standards and promoting and building capacity in land management. Specific to reserve land designation issues and challenges, the designation process is a critical and imperative part of setting aside reserve land for economic development and other non-traditional use for extended periods of time. The typical designations go through multiple steps. The process takes approximately two years to complete, and in some cases more, as you've heard. Due to the complexities and the multi-phase designation process, many first nations have missed out on lucrative economic development opportunities. Given the extensive time and resources required to obtain reserve land designation, the process is not conducive to a fast pace of economic development.

The challenging phase of the designation is achieving the referendum voting requirements as prescribed by the Indian Act and its regulations. The purpose of the referendum vote is to determine informed consent by a majority of electors of first nations in favour of the proposed designation and the proposed transaction or its intended use. Achieving a majority of electors can be extremely difficult and, for some, unachievable, especially in cases involving large on-reserve and off-reserve populations.

The referendum process has many procedures and requires explicit timing. Significant costs are also associated in holding a referendum. Failure to follow proper referendum procedures could result in a contested and failed referendum.

The bureaucratic approval process can also create a lengthy delay. The various levels of government reviewing and signing off on a designation to reach an order in council are excessive.

In dealing with issues related to the reserve land designation, our organization is quite proud to say we've achieved many successes. As mentioned, managing reserve land under the Indian Act is unique and challenging.

To aid our members in managing the statutory land requirements of the act associated with economic development issues, we've developed a reserve land designation tool kit in partnership with Aboriginal Affairs and Northern Development. This practical tool kit has been a long time coming, and we hope to develop more of its kind in other areas of land management. The tool kit is an integrated set of printed materials, worksheets, flow charts, checklists, best practices, and case studies, creating modules designed to be used by first nations and their professional associates. The tool kit provides a consistent guide for the proper planning and preparation of designation proposals across Canada. We're very excited to be providing pilot training using the tool kit in January 2013 and intend to continue with formal training in the future.

In conclusion, as stewards of the land we have the foremost responsibility of ensuring quality land management to promote sustainable growth and prosperity within our communities. We also have the responsibility to provide technical advice and guidance to support improvement on matters related to first nations land management. Therefore, the National Aboriginal Lands Managers Association recognizes that the proposed amendments to the act outlined in division 8, clauses 206 to 209 of Bill C-45 have the potential to improve the designation process.

I'm going to be leaving you a copy of the tool kit to aid you in your study. Chapter 4 of the tool kit outlines the process of the referendum vote. You can see from the many steps that it looks complicated, which it is.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

The previous Bill C-38 included a provision—which was adopted—intended to privatize the seed inspection process. A number of farmers in my riding are worried because this could compromise the credibility of inspection in the eyes of our partners, countries to which we export and our international buyers. Have you heard about that? Is that a concern for your organization?

[Dr. Brenda Kenny, President and Chief Executive Officer, Canadian Energy Pipeline Association]

Thank you, Mr. Chair.

Good afternoon. My name is Brenda Kenny, and it's a pleasure to appear before you to share some of the views of the Canadian Energy Pipeline Association.

Joining me is my colleague Elizabeth Swanson, who is chair of CEPA's work group on regulatory affairs. Importantly, she brings her perspective as a lawyer who has worked in the practice of environmental assessment for many years.

Before she provides her legal perspectives, I'd like to share a few general comments from CEPA's point of view with respect to Bill C-45 and the clauses being reviewed.

In delivering budget 2012 Minister Flaherty acknowledged that the natural resource and energy sector is “driving economic growth across the country. They are creating good jobs, not only directly but also indirectly, in manufacturing, clerical work, skilled trades, and financial services.” Minister Flaherty said, “Canada’s resource industries offer huge potential to create even more jobs and growth, now and over the next generation.”

Accordingly, the responsible resource development provisions of Bill C-38 put in place the enabling conditions to realize these opportunities, and we believe Bill C-45 is a further positive step in this direction.

CEPA is a very strong supporter of the objectives behind regulatory reform, namely improving the efficiency of, and most importantly, the environmental outcomes, from environmental assessment and regulatory review of major infrastructure projects.

We do not believe that environmental protection has been watered down or impaired in any way by these changes. Rather, for the pipeline industry, the processes enabled through CEAA, 2012 and amendments to the NEB Act allow government and stakeholders to improve outcomes by focusing assessments on key environmental concerns, using best practices and avoiding significant adverse environmental effects by being able to allocate resources more efficiently and effectively. Together these changes have strengthened, focused, and clarified the purposes of Canada's environmental legislation and set the scene for enhanced environmental outcomes going forward.

Bill C-45 makes a number of important contributions toward these objectives and clarifies the interpretation of the new provisions and the transition arrangements to the current regulatory system, all of which will provide greater certainty.

I'd like to invite my colleague Elizabeth Swanson to provide her perspectives.

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.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

With respect to Bill C-45 and the biometric measures of the User Fees Act, I would like to know what recourse applicants will have if the minister decides to eliminate the backlog of files having to do with electronic authorizations or biometric measures, as he did in the context of Bill C-38 with files from before 2008.