Bill C-38 (Historical)

Jobs, Growth and Long-term Prosperity Act

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

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

Jobs, Growth and Long Term Prosperity Act

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, in the spirit of reaching out to the other side and to have a full debate of a complicated omnibus bill, I would seek unanimous consent for the following: that notwithstanding any Standing Order or usual practice of the House, that clauses 223 to 303, 350 to 367, 432 to 467, 603 to 619 and 685 to 698 be removed from Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and do compose Bill C-38(A); that Bill C-38(A) be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities; that Bill C-38 be reprinted as amended; and that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion in order to have a full debate and be able to bring in expert witnesses on some very key changes that the government is proposing.

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

Mr. Speaker, we have tried to compromise with the government in order to be able to examine this bill in a reasoned manner, given that it is massive, includes many provisions and amends many laws.

That is why I am asking for unanimous consent to move the following motion: That notwithstanding any Standing Order or usual practice of the House, clauses 132 to 156 and 411 be removed from Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and do compose Bill C-38A; that Bill C-38A be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Fisheries and Oceans; that Bill C-38 be reprinted as amended; and that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion in order to have the full debate that this bill requires because of its broad scope and the number of laws it amends.

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, we have tried to reach out to the government to encourage a fuller debate on its budget implementation act, which is a very complicated and detailed bill that we believe needs more thorough examination.

Therefore, I would like to seek unanimous consent to move the following motion: that notwithstanding any Standing Order or usual practice of the House, clauses 52 to 67, 163 to 169, 315 to 325, 578 to 594, and 699 be removed from Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures and do compose Bill C-38A; that Bill C-38A be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Environment and Sustainable Development; that Bill C-38 be reprinted as amended; and that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion in order to give a full examination as parliamentarians to a very important and far-ranging bill.

Canada National Parks Act

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I would like to thank my hon. colleagues for their speeches about Bill C-370, An Act to amend the Canada National Parks Act (St. Lawrence Islands National Park of Canada).

I would also like to thank my hon. colleague from Ottawa—Orléans, who just spoke. I would urge him to take full advantage of the data from Statistics Canada, which still has enough statistics to quote. Cuts are imminent there, and more jobs will be lost. So I urge him to pay close attention to the statistics that are available because, unfortunately, that opportunity will soon be gone, which is a real shame. I would note in passing that the government is cutting 728 jobs at Statistics Canada. I know that is not what we are talking about right now, but I thought it was worth mentioning.

Statistics Canada is not the only organization that will be losing jobs. I hope that if my hon. Conservative colleague, who spoke and who introduced that wonderful bill, really cares about Canada's parks, he will remember that Bill C-38, the budget implementation bill, calls for 1,600 fewer jobs at Parks Canada. So if he really wants to do something to help Parks Canada, I suggest he begin by voting against the budget, which leaves so much to be desired in terms of improving Canada's parks. Unfortunately, his bill will not help Parks Canada at all.

My hon. colleagues also talked about other Canadian parks, including the Rideau Canal, one of the longest skating rinks in the world, if not the longest. There will be jobs cut there too. Unbelievably, there will also be job losses at the Fortress of Louisbourg in Nova Scotia, the Chambly Canal in Quebec, and Banff National Park.

What impact will this have? My hon. colleague's bill does absolutely nothing to promote greater diversity of parks, better conservation or greater accessibility to our parks. On the contrary, the next budget will completely undermine the modest efforts the member is trying to make. Changing the name will do nothing to ensure greater accessibility.

It is important to understand that job losses will lead to a shorter tourist season. Furthermore, service will be worse and wait times for the locks will be longer and longer, which will harm tourism. The Conservatives are always boasting about being the champions of the economy, but this time, they are attacking tourism directly, which will be very bad for our economy.

By cutting jobs, the Conservatives are hurting our economy. Job losses at Parks Canada are a disgrace and will definitely affect our tourism industry. The Conservatives are killing the tourism industry and they should be ashamed of themselves. It truly pains me to say this.

The bill introduced by our Conservative colleague will unfortunately not help Parks Canada in any way.

I am a member of the Standing Committee on Environment and Sustainable Development. The members of that committee are currently in the process of examining a national conservation plan. Everyone knows that Canadian parks promote national conservation and biodiversity. Furthermore, I can tell you that we currently have international targets and we have signed an international agreement aimed at conserving 17% of our land area and 10% of our marine area by 2020.

I can hear you, from your chair, Mr. Speaker, asking me what our current targets are and what goals have been reached so far.

All the Canadians and Conservatives watching us are wondering the same thing.

In fact, only 1% of our marine area and only 10% of our land area are currently protected. A lot more work needs to be done before we can start changing the name of a park. A lot more work needs to be done to conserve our biodiversity.

Bill C-38 contains a lot of legislation. I would call it a mammoth bill. It is not right. They have put everything into that bill and, unfortunately, we will not be able to review all these pieces of legislation in the Standing Committee on Environment and Sustainable Development, as my colleagues already know. The bill also amends the Fisheries Act, which deals with fish habitat. Parks and habitat protection are truly essential for conserving our biodiversity.

I will read something interesting that I am sure my colleagues will be very surprised to learn. The year 2010 was declared the International Year of Biodiversity. It is important to take care of our biodiversity. I am quite concerned about biodiversity because it has an impact not only the conservation of various species, but also on our food supply. Species conservation matters to our health as well. It is truly important to have good biodiversity.

My colleagues may not know it, but human beings are one of the species at risk. We have a great deal of work to do when it comes to preserving biodiversity. I will also speak briefly about the priority given by this bill to changing the name of a park. There are a number of much more urgent priorities, such as climate change. There is nothing in the budget about global warming. On the contrary, global warming in Canada will rise exponentially and with catastrophic results.

One of the impacts of global warming is that one-fifth of the world's species face the threat of extinction, including human beings.

I will quote the executive secretary of the Convention on Biological Diversity:

Each increase of one degree Celsius in average global surface temperature resulted in the loss of about 10 percent of all known animal and plant species. Climate change contributes to the reduction of biodiversity.

The article goes on to say:

Climate change does not threaten man [I prefer to say the human species] alone. It poses a real risk to biodiversity as well. In relation to the Copenhagen summit, the executive secretary of the Convention on Biological Diversity announced that one-fifth of all flora and fauna face the threat of extinction if nothing is done to limit global warming.

As I mentioned, my honourable colleague's bill will do nothing at present for Canada's parks, quite the contrary. We have seen all the cuts that are being made. His bill will do nothing to preserve biodiversity or to fight climate change.

I am convinced that my hon. colleague supports Canada's parks, biodiversity and the richness of our land and marine areas. That is why I am urging him to vote against Bill C-38 to implement certain provisions of the budget, rather than bringing forward his bill. The budget implementation bill is the real danger. It is truly harmful and dangerous, because passing such a bill will result in the loss of 1,600 jobs at Parks Canada. My hon. colleague should vote against his party's budget rather than bringing forward this bill.

Housing

[Réjean Genest, NDP, Shefford, QC]

Mr. Speaker, I am pleased to have another opportunity to speak to my Motion M-331 about rental housing.

I listened very closely to everything my colleagues said in the context of this debate. I would like to thank them. I would also like to thank everyone who plans to support this motion.

I would like to begin by responding to arguments that some members raised during the first hour of debate on my motion. Specifically, I would like to respond the the Conservatives' oft-repeated argument that we, the members of the New Democratic Party, voted against measures to help Canadians obtain housing and to fight homelessness. Nothing could be further from the truth.

The NDP is not opposed to policies that subsidize and increase the availability of social housing. That has been our stance for decades.

Take for example Bill C-38, the budget implementation bill that we are now debating and that several Quebec media outlets have described as “mammoth”. I want to make it clear that we cannot vote for this omnibus bill because it contains a hodgepodge of separate bills that have nothing to do with one another. This bill is like a garage sale or a flea market.

Conservative members can say whatever they want in the House, but if the government chose to split the omnibus bill, then the NDP, as a social-democratic party, would support any social measures designed to improve quality of life for people across the country. We would also be prepared to share our opinions and suggestions about measures that raise questions or concerns.

Any discussion about housing has to be placed in context. We have to talk not only about rental housing, as we are doing now, but also about a range of measures, such as subsidies for social housing, programs to deal with homelessness, partnerships with the non-profit sector to provide more good-quality housing, and measures to improve low-income individuals' access to capital.

It is clear that this Conservative government, rather than pursuing these comprehensive measures, has opted to do away with crucial homelessness programs and is refusing to implement amendments to the bill, proposed by the NDP, that would establish national housing standards. This, along with the government's ongoing abdication of its responsibilities—to the point that these responsibilities have now to a large extent fallen on the shoulders of the municipalities—has eroded the very notion of safe, adequate, accessible and affordable housing for all Canadians.

The situation is only getting worse. In the past, low income earners had the option of investing in a mobile home, but today, even that option is rarely a possibility. Unfortunately, with the federal government's ongoing cuts to the funding of housing, the trend in many municipalities across the country has been to replace mobile home parks with condominiums and other high-cost housing. This is happening in Granby with the Tropicana campground, which has nothing to do with orange juice.

With Motion M-331, my colleagues and I from the New Democratic Party are trying to draw attention to an extremely important problem, which is growing throughout the country.

The United Nations International Covenant on Economic, Social and Cultural Rights recognizes access to housing as a human right. The government can and must do more to ensure that all Canadians have access to safe, adequate, accessible and affordable housing. We encourage all members to support this motion.

The Environment

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

Madam Speaker, first the government withdrew from Kyoto, and now it is attacking environmental protection measures. The craziest part is that they want the Standing Committee on Finance to study changes to environmental assessment. That is just irresponsible.

Bill C-38 will have a direct impact on approval for major oil projects: they will be accelerated to the detriment of the environment.

Why are the Conservatives cutting the budget debate short rather than asking the Standing Committee on the Environment to study the changes?

Budget Implementation

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

Madam Speaker, if the Conservatives like to approve 425-page bills without reading or analyzing them, where is their rigour?

We know that the devil is in the details, and Bill C-38 has many details that are perplexing, such as amendments to the Bank Act that will infringe on provincial powers. This is not at all acceptable to the Government of Quebec.

Why is the government insisting on interfering in provincial jurisdictions?

Employment Insurance

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

Madam Speaker, with thousands of jobs about to disappear because of the Conservatives' deep cuts, thousands of Canadians will need the social safety net to which they are entitled, employment insurance.

These workers have contributed all their working lives, with the help of their employer and without the help of the government, in order to have some security in difficult times. However, this government is looking for every conceivable way to reduce access to employment insurance, which is already at a record low.

Fewer than four in ten unemployed persons currently have access to employment insurance, even though all workers contribute to the fund. Unwarranted changes to boards of referees, reduced wages for temporary foreign workers, and the outrageous appropriation of the authority to define the notion of suitable employment point to one thing: the Conservatives' professed contempt for the workers of this country and their rights.

The Conservatives must amend Bill C-38 to give Canadians the support they need when they most need it.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, on the last point, I would say no.

Today we will continue debate on Bill C-38, the jobs, growth and long-term prosperity act, which would implement our budget, economic action plan 2012. As the economy is our government's most important priority, we have ensured that this will be the longest budget debate in the past 20 years. It might have been y much longer than that but that is as far back as we went in our research. This debate will have been longer than every other debate at second reading on a budget implementation bill in the previous two decades. Why is it longer? We think all members of the House should be focused on the economy but we hear very little about it in question period. The economy is our priority. We have ensured that this will be the longest debate in the past 20 years so there will finally be a focus on the importance of the economy, job creation and economic growth.

The bill would implement many important measures from our budget. To recap, the Minister of Finance tabled the economic action plan 2012 on March 29. We then had four days of debate on the budget, three of which, I would remind the NDP House leader, were filled by one member, the NDP member for Burnaby—New Westminster who prevented most of his colleagues and all parties from getting a chance to debate the budget. On Wednesday, April 4, the House voted on and approved the budgetary measures put forward by the finance minister. It was then, on Thursday, April 26, that we introduced Bill C-38, the jobs, growth and long-term prosperity act, to implement measures that the House approved. On that day, I indicated to the House that we would be having the second reading vote on May 14. We are on track to keep that commitment.

Today is the second of seven days this bill will be debated prior to the second reading vote on May 14. Tomorrow will be the third day. We will continue with the fourth day of debate on Monday, May 7; the fifth day on Tuesday, May 8; the sixth day on Wednesday, May 9; and the seventh day on Friday, May 11.

This ample debate will allow hon. members from all sides of this House an opportunity to put forward their views on this bill, especially since the NDP member for Burnaby—New Westminster will no longer be able to block other MPs from speaking, as he did during the Budget debate.

And finally, Thursday, May 10, will be the third allotted day, for the NDP.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, hearing the announcement of the reception, I will try to keep this as brief as possible for myself and the government House leader.

We have some questions about what the government plans for the next number of days. First, we would like confirmation from the government on the NDP's next opposition day.

As well, on Bill C-38, the omnibus bill that the government has lumped in a whole suite of quite damaging and fundamental changes, not just to the way Parliament works and the government's procedure of shutting down debate, but also in Canadian life, such as pensions, pay equity and environmental protections, will the five days remaining for debate be in their full context or is the government planning to introduce other measures of disruption of Parliament's ability to hold the government to account?

Bill C-38--Time Allocation Motion

[Ted Menzies, Conservative, Macleod, AB]

Madam Speaker, I must suggest that my colleague across the way could perhaps have used her time better in actually asking a question pertinent to the budget implementation act, Bill C-38. That would have been very important.

I would love to have had more time to read into the record all of the quotes from associations and from Canadians who support--

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

Madam Speaker, it is very difficult to be brief when the government is doing something as outrageous as tabling a 420-page omnibus bill that destroys decades of environmental law, much of it brought in by the previous Conservative prime minister, Brian Mulroney.

I want to quote people who are not able to be characterized as NDP ideologues. Professor emeritus Ned Franks said:

These omnibus budget implementation bills subvert and evade the normal principles of parliamentary review of legislation.

In the National Post, Andrew Coyne , speaking of this travesty, Bill C-38, wrote, “This is not remotely a budget bill, despite its name. The scale and scope are on a level not previously seen or tolerated”—

[Ted Hsu, Liberal, Kingston and the Islands, ON]

Madam Speaker, I would like to continue on with my Liberal colleague's question.

There are many different pieces of legislation in Bill C-38. In the past, the government has restricted debate on other bills to two, three or four days. If we add up the number of days that we might want to debate all of the different pieces of Bill C-38, according to the government's timetable it would add up to a lot more than seven days.

I want to talk about the government shifting away from funding basic research and the fact that it is hurting Canadian researchers in that area. It is a very specific area and a principle that is part of the bill. It needs to be discussed. I want to make sure I have the time to collect all of the information and talk about it.

[Ted Menzies, Conservative, Minister of State (Finance)]

Mr. Speaker, I move:

That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than six further sitting days shall be allotted to the consideration of the second reading stage of the bill; and

That, 15 minutes before the expiry of the time provided for government orders on the sixth day allotted to the consideration of the second reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

Opposition Motion—Health and safety of Canadians

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, in May 2000, 2,300 people fell ill after E. coli bacteria contaminated the water supply of Walkerton, Ontario. Sweeping Conservative cutbacks to the Ontario Ministry of Environment contributed to the tragedy, the most serious case of water contamination in Canadian history.

For a first example of the impact of the cutbacks, the Conservative government discontinued laboratory testing services for municipalities in 1996 and failed to put in place a regulation making the reporting of contamination mandatory. Had the government done this, hundreds of illnesses would have been prevented.

For a second example, Conservative cuts to the Ministry of the Environment made the ministry less capable of identifying and dealing with problems at Walkerton's water utility. The ministry's inspections program should have detected the improper treatment and monitoring practices and ensured that those practices were corrected.

In January 2002, Premier Mike Harris accepted responsibility for the shortcomings of the Conservative government. He said:

I am truly sorry for the pain and suffering you have experienced.

I, as premier, must ultimately accept responsibility for any shortcomings of the Government of Ontario.

I deeply regret any factors leading to the events of May 2000 that were the responsibility of the Government of Ontario....

History teaches hard lessons, reminding us that prevention is the best line of defence and that worst-case scenarios do happen.

In examining past disasters such as when the Exxon Valdez struck Bligh Reef in Prince William Sound in 1989 and when the Deepwater Horizon exploded in the Gulf of Mexico in 2010, causing the worst environmental disaster in U.S. history, we see that key decisions were frequently made without assessing the risks, and sufficient prevention measures were not always taken. When extreme cases did occur, responses were often delayed and opportunities to reduce damage were lost. Most recently, the lesson to prepare for worst-case scenarios was repeated with the double disaster of the east Japan earthquake and tsunami in 2011.

It has been said that those who cannot remember the past are condemned to repeat it.

Unfortunately, economic action plan 2012, or the inaction plan for the environment, and Bill C-38, the budget implementation bill, show a complete failure to learn from the past, namely that past cuts to the environment have resulted in dire consequences and that worst-case scenarios do occur.

Instead, the budget implementation bill continues the Conservative government's war on the environment. An astonishing 150 pages of the 400-plus-page budget are focused on streamlining or gutting environmental oversight. The government is absolutely trying to avoid public scrutiny by jamming such major changes into Bill C-38, thereby avoiding specific study of the changes at individual parliamentary committees. Critics have called it an affront to democracy. As a result, on Friday I called upon the government to hive off changes to environmental protection and then send them to the relevant committee for a thorough clause-by-clause study.

Bill C-38 is an attack on our best means of defence, namely environmental protection monitoring and emergency response. The budget severely cuts Environment Canada, reduces our number of scientists, eliminates the National Round Table on the Environment and the Economy, the independent think tank with a direct mandate from Parliament, silences the government's critics and guts environmental legislation.

Environment Canada will lose 200 positions. Last summer, the government announced cuts of 700 positions and a 43% cut to the Canadian Environmental Assessment Agency. Key research and monitoring initiatives, which sample air pollution, industrial emissions, water quality, waste water et cetera, and partnerships for a greener economy will be cut $7.5 million.

It is important that parliamentarians have the opportunity to do due diligence and to identify all areas of scientific research and partnerships to be cut and to see how each identified cut is projected to impact decision-making and the development of public policy.

Critics of the government are being silenced through changes to the Canada Revenue Agency and attempts to seize control of the university research agenda. Critics are also being silenced through exclusion of concerned groups and citizens from the environmental review process for pipelines.

Bill C-38 effectively dismantles Canada's environmental laws as we know them, by the repeal of the Kyoto Implementation Act and the wholesale repeal of the Canadian Environmental Assessment Act and its replacement with a new law that allows the federal government to avoid environmental reviews of many potentially harmful projects and to do less-comprehensive reviews where they still occur. What are the impacts of the repeal of CEAA on regulatory decision-making and the risk of project-specific and cumulative environmental impacts? What is the adequacy of the environmental assessment process in each province and territory and the impacts of industrial projects that cross provincial borders? The weakening of several environmental laws including species at risk in water and near elimination of fish habitat protection in the Fisheries Act puts species from coast to coast to coast at increased risk of habitat loss and population decline. The authority of the federal cabinet to approve new pipeline projects is now above the National Energy Board.

Astoundingly, as the government guts environmental legislation to fast-track development of major projects such as the Northern Gateway Pipeline and to allow oil tankers in northern British Columbia waters, it is cutting $3.8 million from emergency disaster response and consolidating the unit that responds to oil spill emergencies in central Canada, namely Gatineau and Montreal. Key questions regarding the government's preparation for and ability to respond to environmental emergencies should include how many positions in the unit will be slashed; how consolidating the unit in Quebec will impact operations and the predicted response time to travel from the new location to the oil spill; whether the unit will have the financial and technical resources necessary to respond to oil spill emergencies, including those emergencies involving diluted bitumen on the Pacific and Atlantic coasts and along the proposed route of the Northern Gateway Pipeline project; and what action the government has undertaken regarding risk assessment and worst-case scenarios related to the navigation of oil tankers and potential diluted bitumen oil spills.

With independent science squashed, environmental legislation gutted and critics silenced, what stands in the way of environmental disaster? The government must stop its war on the environment, science and indeed anyone who threatens to stand in its way of fast-tracking development. Canada needs robust environmental legislation to protect ecosystems, the health and safety of Canadians, the communities in which we live, the economy and our livelihoods.

I will finish by saying that I spent years of my career undertaking disaster prevention, response and recovery, helping organizations across North America prepare for extreme events resulting from climate change and preparing for pandemics, as well as designing the full disaster preparedness program for the university. The United Nations development program has recently asked me to be on the steering committee for international parliamentarians regarding disaster reduction.

Finally, in the wake of disasters, people often wonder whether there was a way to protect both people and property from such devastating losses. The answer is a resounding “yes, by taking action to prevent future damage before a problem occurs”. In order to prevent another tragedy, the government must ensure that Environment Canada's programs and scientists are fully funded to support scientific excellence in prevention, monitoring and emergency response and hive off the environmental protection sections from Bill C-38 and allow public scrutiny of the bill through clause-by-clause study at the appropriate committee.

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

Mr. Speaker, I am glad to have a chance to take this up with the parliamentary secretary. I have voluminous comments on Bill C-38 because it touches on so many aspects of environmental protection.

In relation to the Canadian Food Inspection Agency facility in my own riding of Saanich--Gulf Islands, the Centre for Plant Health, I really hope to gain the co-operation of government members to keep this facility open. This facility has been in place since 1912.

The following is from the Canadian Food Inspection Agency material. “...in 1965 a plant quarantine function was added on the advice of the Advisory Board of the Destructive Insect and Pest Act to protect the Agricultural Industry from disease risks of international importations of propagation material which could spread to other crops in Canada.”

I heard my hon. friend say that the facility in Summerland to which this quarantine function is being moved has “a better equipped facility”. At this point, several greenhouses would need to be built to have anywhere near the capacity that the Centre for Plant Health has on the Saanich Peninsula. Moreover, it would be a risk to all the economic crops of the Okanagan to move a quarantine facility into the heart of that region. I urge the government to reconsider.

The Environment

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

Mr. Speaker, I note that it is outrageous for the parliamentary secretary to attempt to claim credit for her government's actions for reduced greenhouse gases. It is entirely due to Ontario shutting its coal plants.

Meanwhile, let us compare and contrast. Bill C-36, which we are debating today, is three paragraphs. Bill C-38 is 420 pages of omnibus abuse of parliamentary process, pushing changes to environmental laws that will never go before an environment committee and never go before a fisheries committee.

I ask the Prime Minister to separate out bills that matter to the environment so the appropriate committees can deal with them.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I want to begin by welcoming the new House leader for the official opposition. I look forward to working with him. I anticipate a positive and constructive approach.

In terms of his question relating to the issue of the motion of the House dealing with the Chief Electoral Officer and concerns about whether the statute in place was appropriate for him to do his job, I believe that motion had an expectation of about half a year before the government was to respond. I anticipate we will fulfill that.

On his question about the budget, the government introduced Bill C-38, the jobs, growth and long-term prosperity act. The bill implements key measures from economic action plan 2012. Our plan is working, as we have already created nearly 700,000 net new jobs since the recession. Most of these are full-time jobs.

Canadians want to see a productive, hard-working and orderly Parliament, focusing on their priority, the economy. Thus we hope to have the bill come to a vote on May 14. That target will allow members to study the bill, which implements important measures from the budget that Parliament has already approved.

As hon. members are aware, May 2 will mark the one-year anniversary of Canadians electing a strong, stable, national, Conservative majority government, and it is only fitting that on this one-year anniversary, after members and caucuses have had close to a week to study the bill, we will debate our government's plan to continue creating jobs and economic growth in Canada. We will continue debate on Bill C-38, the jobs, growth and long-term prosperity act, on Thursday, May 3, and Friday, May 4.

During the budget bill study week, before that debate starts, we will cover other business.

This afternoon we will complete debate on the NDP opposition motion.

Tomorrow we will start debate on Bill C-36, the protecting Canada's seniors act, which addresses the great concern of elder abuse. This bill is part of our government's efforts to stand up for victims. This is the end of what has been an important national victims of crime awareness week, where we saw the Prime Minister make an announcement of increased support for families of missing children. We also saw the introduction of Bill C-37, the increasing offenders' accountability for victims act, which follows through on our campaign commitment to double the victim surcharge that convicted criminals pay.

Monday, April 30, will be the second allotted day. In this case, I understand we will debate a Liberal motion. I would invite the hon. member for Westmount—Ville-Marie to share with all members—and, indeed, with Canadians—what we will be debating that day, so that hon. members can prepare.

On Tuesday, we will finish third reading debate on Bill C-26, the citizen's arrest and self-defence act. Based on my discussions with the new opposition House leader, I am confident that we will complete that debate early in the morning.

Then we will move on to Bill S-4, the safer railways act, which was reported back from committee yesterday. Given the importance of improving the safety of our railways, I hope this bill is able to pass swiftly.

Since I anticipate a productive day on Tuesday, I will then call Bill C-36, but only in the event that we do not finish earlier--that is, tomorrow--followed by Bill C-15, the strengthening military justice in the defence of Canada act, a piece of legislation that has now been around for three Parliaments and should get to committee where it can again be studied.