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

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

Mr. Speaker, I know the member is very passionate in relation to his belief in what the Conservative government is doing.

One of the first steps we took as a government was to cut $37 billion in debt when we first took office. Of course, that has brought us to the tremendous place of having the lowest debt ratio in 25 years. I wonder if the member would speak to that in relation to how his constituents feel about paying off the mortgage and getting to the lowest debt ratio in 25 years.

[Wladyslaw Lizon, Conservative, Mississauga East—Cooksville, ON]

Mr. Speaker, I do not think my constituents are much different from the constituents of other members on both sides of the House. They are looking for stable employment, safe communities, safe streets and a good future for their children, and that is what this government is giving them and that is why we were re-elected a year ago. We are implementing responsible economic policies. This is the plan that has been working for the past five years and we will continue it for the future of our great country.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, it is with ever-increasing sadness that I rise in the House today, because every time I do so, I am left with the impression that the reasons my constituents elected me are being scorned. That said, I have 10 precious minutes to try to give an informed judgment on a document that is over 400 pages long, and this is only because I am one of the rare, lucky ones who is able to speak in this shortened debate. Understandably, then, I will not launch into a comprehensive study of the economic elements. Instead, I will try to point out what is wrong with this proposed legislation as clearly as I possibly can.

The first thing that struck me is the discrepancy that exists between the bill's short title and the objectives or intentions of the bill in question. I would add that I am often surprised by this. In this case, for instance, the short title of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, is this: the jobs, growth and long-term prosperity act. Ouch.

Before getting into all the contradictions and ambiguities of such a title, I want to say a few words about the bill itself. It is clearly stated that this bill concerns the budget, and that it also implements other measures. This bill therefore goes beyond implementing the budget. It introduces a series of measures that were never announced in the budget. These measures are very different in nature. I will name a few in passing: eligibility age for old age security benefits; the environmental protection and regulations system—we immediately see the link between old age security and the environment; the authority of the Auditor General—also closely linked; and then, why not throw in the Fair Wages and Hours of Labour Act? I will stop there because I do not have enough time.

Under the pretext of balancing the budget—in a forced march and for purely ideological reasons—the government is in fact imposing on Parliament and all Canadians a hidden agenda that will quickly change everyday life for the people in this country, and unfortunately, not for the better.

We feel that what the government is doing is contrary to parliamentary practice and procedures. A budget implementation bill should not be used as an opportunity to limit debate and push through detrimental measures designed to reduce government transparency and accountability. Let us be clear in case Canadians have not fully grasped what is happening here: Bill C-38 is actually an omnibus bill that goes far beyond the budget and unilaterally imposes the Conservatives' decisions without allowing for real debate.

I have envisioned many different political scenarios, but reality today is beyond anything I ever could have imagined. I get the feeling that within a year, there will probably be one catch-all bill a year, with seven days of debate, and the House will be on holidays for the rest of the year. I feel I am being very well paid for all the work I am not being allowed to do.

Why does Canada have a Parliament with two chambers if the government is going to use all its power and questionable tactics to limit debate, get around parliamentary rules and tune out the official opposition? Is that the Conservatives' idea of democracy? The Conservatives need to do more than just keep shouting all the time that they won a strong mandate if they want to have real legitimacy. They also need to respect this country's institutions as they govern.

Most of the major changes in Bill C-38 do not address Canadians' concerns. Canadians are telling us that they want more good-quality jobs, better environmental protection and a better health care system. Nothing in this bill reflects the real concerns of Canadians. As I was saying earlier, more careful analysis of this bill reveals the discrepancy between its short title and its real intentions.

The short title of Bill C-38 is the “Jobs, Growth and Long-term Prosperity Act”. I will repeat these three components: jobs, growth and long-term prosperity.

In recent months, the government's decisions have led to job losses, jeopardized economic growth and put Canada on the list of slackers in both environmental protection and sustainable development.

With regard to this last point, we have reason to be especially worried about the bill's provisions. In this House, we all know that it is our responsibility to protect the environment, fight climate change and preserve the diversity of living things and our ecosystems. Our duty is to leave a healthy and viable natural environment to our children. The vast majority of developed countries are putting environmental strategies in place, making significant international commitments, and signing binding and necessary agreements to fight the destruction of our ecosystems. However, this government is once again swimming against the current.

For example, this bill changes the regulations that protect fish and govern the deposit of toxic and deleterious substances into fish habitats. More seriously still, this bill repeals the Kyoto Protocol Implementation Act, which shows just how little the government cares about issues that affect and will continue to affect all Canadians. This means that the government will no longer have to report its GHG emissions. That is a major step backward for our country and all of our international partners.

Canadians want us to take action to fight climate change and protect our environment, but the Conservatives are determined to dismantle environmental protection rules and attack environmental protection groups. Many of the provisions in the bill point to the fact that environmental protection has completely disappeared from this government's agenda.

The government has gutted the federal environmental assessment regime to speed up major projects, such as oil pipelines. It has delegated the environmental assessment process to other authorities. It has made sure that projects in other countries are not subject to Canadian laws.

This budget is not good for jobs and labour, either. For a few weeks now, there has been announcement after announcement, and jobs are being lost across the country. Everywhere there is talk of cuts, job losses and, inevitably, cuts to services for Canadians. The Conservatives' ideological vision will have a direct impact on the health of Canada's economy. Their approach to the budget is an accounting approach, aimed solely at reducing the deficit. In the medium term, the Conservatives' budget policy will seriously hurt this country's economic development.

I will take a specific example. In my riding, the Forges du Saint-Maurice National Historic Site will be hard hit by the government's cuts, which will mean job losses and a shorter season for the site. These cuts are like a death sentence for this major historic site. Investments depend on the number of visitors to the site, but because the government is not investing in the site, fewer and fewer people are visiting it. Because the number of visitors is down, funding is being cut. It is like the Hygrade wiener slogan, only in reverse. It is a downward spiral.

The closing of this park will have an even more serious impact on the whole region. The money the government thinks it is saving with these budget cuts will be lost elsewhere.

One minute to condemn so many policies is simply not long enough. I am very sorry for my friends at the Vieilles Forges park. I will definitely come back to this issue during question period and I will not back down.

In closing, unfortunately, this bill represents a shift even further away from this wishful thinking. Transparency is not a strong point of the Conservatives. Bill C-38 contains many measures that will reduce transparency and limit accountability requirements.

Consider three quick examples. Section 1 of part 4 amends a number of laws to remove the Auditor General's requirement to conduct a financial audit of certain agencies and assess the performance reports of two public organizations. Section 15 of part 4 amends the Canadian Security Intelligence Service Act to abolish the position of Inspector General. Section 25 of part 4 dissolves the Public Appointments Commission and its secretariat.

Once again, I could go on. I will stop here and simply say that nothing in this budget will serve the Canada of the future, which we should be building today.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I thank my hon. colleague for his inspired and inspiring speech about a disappointing government bill.

I would like to focus more on the form of the bill than on its substance. This is the 18th time the government has imposed closure, this time in order to ram a 431-page brick down members' throats with just seven days of debate. Some Conservative members are saying that this is part of a long process that has been going on since 2006, but that is baloney. I am one of about 100 new parliamentarians, and we were not in the House prior to May 2, 2011. We have the right to do our job, which is to carefully study bills. A bill that amends 69 different pieces of legislation is an elephant, a mammoth.

I would like to know what my colleague thinks about the Conservative government's practice of introducing huge bills and imposing closure. It is completely antidemocratic.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, the short answer would be to use the word “abject” to describe this bill.

I totally agree with my colleague. A lot changed in the last election and this government does not seem to want to take that into account. It is muzzling those who have not taken part in the debates. Canadians sent a very clear message: in the game of politics, this government ended up in power with 39% of the vote. That means that 61% of the population has to be able to express itself through the voices of the hon. members from the other parties. It would seem that the government wants to muzzle us. In fact, more than “it would seem”, it is indeed muzzling us. I think that 18 closure motions in one year is an all-time record in the history of this country's Parliament.

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

Mr. Speaker, the member is right in respect of one thing. We should talk about the substance of the bill and we should talk about the content of it. It is a big bill, but we are in big times. We are in important times for the world, an economic global crisis. Of course we will respond to what Canadians need in a big bill because they need big changes.

Could the member speak about why his party, the NDP, voted against some of the things we did? For instance, we cut the lowest personal income tax rate to 15%. We removed over one million Canadians from the tax rolls. We increased the amount that Canadians could earn tax-free. We reduced the GST from 7% to 6% to 5%, which puts nearly $1,000 back in the pockets of every Canadian.

Those are things that Canadians said they wanted. Those were things that Canadians said they needed. We responded accordingly because of the time.

Why would the member and his party vote against those things about which Canadians have talked? We bring forward good measures and they vote against them. Why?

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, the answer is quite simple. My eminent colleague is concerned with the substance rather than the form. However, the form is just as important as the substance.

I have been observing the following Conservative strategy for a year. Along with the few good measures that we would be prepared to support, they try to ram through 28 totally unacceptable measures on the pretext that the measures are part of a package deal that we can take or leave. One of our motions sought to divide up this bill so that the elements we find acceptable could move along more quickly. It is quite appalling that the Conservatives want to ram through so many abject measures in this way.

[Pierre Nantel, NDP, Longueuil—Pierre-Boucher, QC]

Mr. Speaker, since they want us to talk substance, we will talk substance.

Earlier, I was struck by my colleague's remarks on La Mauricie National Park and the Forges du Saint-Maurice.

I was wondering about the devastating impact on jobs. In my colleague's honest opinion, is the government trying to do its worst or is it just being lazy?

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, it is both. I was particularly surprised in this case. Call me naive, but I was expecting more funding for the Forges du Saint-Maurice given that the first cannonballs for the War of 1812 were made there. I thought that great things would be happening this year. Instead, the government eliminated 26 jobs and cut the season down to two months, July and August, which is ridiculous.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, I am very honoured and pleased to speak to this fantastic budget that has come forward from our government. We have a global recession and Canada looks better than any other country in the world. Why? Because it is all about the policies that our government has put in place, balanced policies, ripe with job growth, entrepreneurship, innovation and research, all measures that cause a country to grow.

Our government has improved conditions for business investments with responsible resource development. So much has happened in our country. Many people want to come to Canada because this is a country where families can grow and prosper.

Unfortunately, I come from a province that has an NDP government where 40¢ on the dollar has to come from our federal government to keep Manitoba afloat. Therefore, in a time of economic fragility, when other countries are looking to Canada for the leadership it has shown, through balanced and careful strategic planning, we have been able to keep our economy very stable.

I am so pleased that my province of Manitoba will continue to receive significant support through the major federal transfers for 2012-13. It will reach an all-time high of $59 billion, $3 billion more than last year. In this time of recession, Manitoba, which gets 40¢ on the dollar from the federal government, will continue to receive more.

Why? Because there has been a job creation implementation plan that will help Manitobans get back to work. There is a revised EI plan that will cause people to want to get off EI and get jobs. In addition to this increased support, there is an extension by one year of total transfer protection to provinces to ensure that no province, such as Manitoba, experiences a decline in its combined entitlements under the CHT, CST and equalization. Therefore, for Manitoba, major transfers will total almost $3.4 billion in 2012-13. This long-term growing support helps ensure that Manitoba has the resources required to provide essential public services and contribute to shared national objectives, including health care.

I have been mystified to hear in the House, over and over again, that the government has cut the transfer payments and the health care budget. In fact, it has been increased by 6% to Manitoba. I am just astounded to hear this other kind of message go out there, but Manitobans know that this has happened.

Post-secondary education and other key components of Canada's social programs have been uplifted in Manitoba. There are almost $1.7 billion through equalization. That is an increase of $70 million since 2005-06. The rest of the globe's economies have gone down and we have stabilized and have the opportunity for families to grow.

There are almost $1.1 billion through the Canada health transfer, an increase of $278 million since 2005-06 when our government came into power. Since we were able to get a strong, stable government mandate from the people of Canada, this government has not let Canadians down. It has done everything it has promised to do.

There are $429 million going to the Canada social transfer, an increase of $96 million since 2005-06. There are $201 million in total transfer protection.

Manitoba will also benefit from direct targeted support in 2012-13, including $18 million for labour market training, as part of a commitment of $500 million a year in new funding to provinces and territories, beginning in 2008-09.

There is $9 million for the wait times reduction fund as part of the 10-year plan to strengthen health care.

I am so pleased to say that there is reassurance for families. Families feel that quite honestly our government has contributed to their well-being. They can grow and prosper, even in a province like Manitoba that gets 40 cents on the dollar from the federal government.

We can see things moving in a very positive way, a very careful way, a very well thought-out way. Families are so afraid that the economy in this country will tip and go down, but they are not that afraid anymore because they are getting benefits from the government that allow them to have a lot of tax breaks, that allow that money they earn, that they spend hours earning, go back into their pockets instead of into government pockets.

We cut the lowest personal income tax rate to 15%. Our government removed over one million Canadians from the tax rolls. We increased the amount Canadians can earn, tax-free. More money goes in the pockets of Canadians, so they can spend their money the way they think is best, without the government telling them how to do it.

We reduced the GST from 7% to 5%, putting nearly $1,000 back in the pockets of an average family of four. Families know how to spend their money better than any government official, better than any member of Parliament. Canadians want to be able to retain their own hard-earned tax dollars and be able to make a better life for their families.

Others things happened that made it possible for families to increase their quality of life, for instance, the children's fitness tax credit. A lot of families were not able to send their kids to different fitness organizations, but the tax credit has helped a lot. The children's arts tax credit was also added on, and the family caregiver tax credit.

As members know, in this country, in three years, we are going to have more seniors than we have young people. The family caregiver tax credit is so beneficial when one has a critically ill loved family member and one has to make that sacrifice of being the caregiver one wants to be.

There is the first-time homebuyers tax credit, registered disability savings plans, volunteer firefighters tax credit, working income tax benefit, child tax credit and textbook tax credit. My own daughter has gone through five years of university, and we all appreciate that textbook tax credit very much. That is for Canadian families.

There is the public transit tax credit to encourage people to use the bus, the Canada employment tax credit and the deduction of the cost of tools for tradespeople.

Our government has been clear in trying to build on the benefit of families, ordinary Canadians, people who can grow and prosper in this country, not to be afraid, to be proud of what they are doing as families.

Since taking office in 2006, our government has been lowering taxes, with more than 140 tax cuts altogether. I know this helps hard-working families get ahead. Right now, today, families are paying over $3,000 less in taxes in Canada than they have ever done before.

The budget is big. It is a big document because, as a previous speaker said, there are a lot of things that have to be done in this country. However, this budget has to go through to allow all these things to take place in this country and to allow people to continue to grow and raise their families.

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

Mr. Speaker, I want to thank my hon. friend from Kildonan—St. Paul who is one of the hardest working MPs and who has done so much for people in the human trafficking area.

I rarely get to ask her a question so it pains me to ask her one on this issue. Bill C-38, despite the few things I like, such as allowing recovering people to work while they are on EI, claim that and not have it all clawed back, contains some measures that are good but overall I am so very deeply aggrieved by the number of bills that are thrown into Bill C-38 that are not part of proper fiscal measures, particularly those overhauls of the Canadian Environment Assessment Act, the Fisheries Act, the Species at Risk Act and so on.

I would like to ask my hon. friend if she does not think there is some chance that the Minister of Finance might relent and pull out those sections that are not properly part of a budget, so they can be properly and separately debated?

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, the hon. member is an amazing woman and has done a lot of things in this country. I respect her question. However, in a time of economic downturn, in this very fragile economy, choices have to be made and the bottom line is job growth. The bottom line is to make sure people can have jobs to feed their families. I would think that a government with true leadership would pick those priorities very carefully.

Sometimes it is painful when other things cannot be included because we want to be all things to all people. What a government does and what Canadians expect is for the government to keep them safe, to make sure they have the job opportunities and to keep this country stable. That is what we are doing.

[John McCallum, Liberal, Markham—Unionville, ON]

Mr. Speaker, I too would like to congratulate the member for her good speech, but I could not help noticing what could be described as a triumphalist tone near the beginning when she seemed to imply that all of the credit for Canada's better-than-average performance goes to the government. Does she believe that the Conservative government planted the oil in Alberta or the minerals across the country? Does she not understand that the reason Canada's banks are doing well is because the previous Liberal government refused to go the route of bank self-regulation, as in the U.S.? Does she not understand that the healthy fiscal position is because the government inherited a $13 billion surplus, which it proceeded to fritter away in short order? I think a more—

[The Acting Speaker, Conservative, Bruce Stanton]

The hon. member for Kildonan—St. Paul.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, I admire my very esteemed colleague's hyperbole, which is great, but by the same token I want to remind the very esteemed member that the previous government cut $25 billion in social transfers to this country. That cut health care in a big way. I would invite the member to join in and vote for this budget. I know his heart is in the right place. He wants to see Canadians grow and prosper and I appreciate his doing that. I will give him credit when he does it, I promise.