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.

Transboundary Waters Protection Act

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

Mr. Speaker, water is without a doubt our most precious resource. Without water, humankind cannot survive. Some 75% of the earth's surface is made up of water, which is a unique situation in our solar system. The small blue sphere that astronauts see from space and describe so passionately must be protected. Water is essential to the equilibrium of this planet. Meanwhile, there is increasing pressure on our water resources. For instance, global warming is increasing the frequency of droughts and floods. Rising temperatures are causing increased evaporation of water resources and causing water levels to fall in our lakes and rivers, as was the case this summer in the St. Lawrence River and the Great Lakes.

An increasing global population is also adding to the demand for drinking water. The demand for water is increasing not only in terms of individual consumption, but also for the production of many consumer products. Four litres of water are needed to extract one litre of oil from the oil sands; 10 litres are needed to produce one sheet of paper; 30 litres for a cup of tea; 40 litres for a slice of bread; 70 litres for an apple and 75 litres for one glass of beer.

We are therefore facing a problem. Fresh water is more and more in demand, yet it is also more threatened by pressures related to population growth, climate change and industry. Some people believe that we are heading toward water wars. I hope that is not the case. However, one thing is for certain: water has become the blue gold of the 21st century.

Canada will thus have a key role to play in the coming years since our country holds 7% of the world's fresh water. The United States has been coveting our water supply for a number of years, particularly in times of drought. Many of the southern states are facing serious water shortages and have had to import water. Other emerging countries, such as China and India, will need larger quantities of water in the coming decades. States that have insufficient water will turn to those that have an abundance. We regularly hear about proposals to export fresh water by tanker. Concerns heightened with the implementation of the North American Free Trade Agreement or NAFTA in 1994. NAFTA considers water to be a consumer product, and some provisions of the agreement could open the door to the export of water.

The purpose of Bill C-383, which was introduced by the hon. member for Bruce—Grey—Owen Sound, is to strengthen the prohibitions against bulk water removal. In fact, it corrects some of the shortcomings of Bill C-26, which was introduced by the government in 2010 and died on the order paper. The purpose of Bill C-26 was to prohibit the removal of water from transboundary and boundary waters; however, the bill did not take into account the most plausible threat to Canadian waters: the removal of water via interbasin transfers.

Bill C-383 will prohibit the issuance of licences for projects that link non-boundary waters to an international river where the purpose of the project is to increase annual flow to the United States. If the bill is passed, constructing a canal or pipeline channeling Canadian water into an international river, such as the Red River, will be prohibited.

This bill is a step in the right direction to protect our waters, but the official opposition is of the opinion that this bill will not completely resolve the issue of water management in Canada. Clearly, this private member's bill does not prohibit all types of bulk water export. It is also necessary to ensure the protection of surface water, regulate future exports of water by tanker, respond to threats presented by NAFTA and, above all, prohibit the export of bottled drinking water.

Last year, my colleague from Burnaby—New Westminster moved a motion in favour of a national water strategy, and we are very thankful for that. We believe that access to water is a fundamental right, that we must prohibit all commercial exports and that we must not privatize water services. Why? Because water is not a product; it is a common property resource. It is essential to the survival of our species and all other species. The UN General Assembly declared access to water a fundamental right in 2010. Unfortunately, Canada, led by the Conservatives, abstained and said that the right to water was not codified under international law.

It is time for Canada to play a key role with respect to access to water. Some entrepreneurs will say that we must export our water to the countries that need it. However, this commodification of water will not solve the problem, especially since the poorest people will not have the means to purchase this imported bottled water.

In addition, it is not simply a matter of export and supply; it is a matter of distribution.

Large quantities of water are wasted by the richest members of society—a minority—at the expense of the poorest.

It is estimated that, in developing countries, daily water needs vary between 20 and 30 litres a day, and some very poor individuals consume only three or four litres. In Canada, the average person consumes 300 litres of water a day, which is the equivalent of three full bathtubs. That is double the amount consumed by a European. Canada is the second-biggest waster of drinking water after the United States.

Before talking about exports, we should talk about conservation. Our overconsumption of manufactured products, the exploitation of natural resources under conditions that are not mindful of the environment, and waste all have disastrous consequences on our water management.

We must also remember that old water systems that are not maintained or repaired can cause huge leaks and a lot of waste. We must repair the pipes and filtration systems, which are now a municipal responsibility.

Lacking resources, municipalities are turning to private investors to finance the work. However, water is a matter of public health and safety and it should be managed by the government, which is accountable to the community. When for-profit businesses control the water, the quality decreases and costs increase.

The federal government should help the municipalities upgrade their water supply infrastructure.

It is all well and fine for the Conservatives to announce new wastewater treatment regulations, but the fact remains that the municipalities need to have a decent budget. What is more, the municipalities are still waiting for the budget that is yet to be announced by the federal government.

We must also recognize the importance of preserving the quality of our water. The cuts to the environmental monitoring programs and the changes to the Fisheries Act will have a catastrophic impact on our waters. Fish habitat will no longer be protected, there will be fewer environmental assessments of industrial projects—the number of assessments already went down by 3,000 this summer—and the public will not be consulted as it used to be.

All of this is a result of the omnibus Bill C-38, which passed in June. In addition to weakening our environmental laws, this Conservative government is cutting water monitoring and research programs. It is axing programs such as the Municipal Water and Wastewater Survey, which collected data on water sources, water use and wastewater treatment levels.

The government is also abolishing environmental effects monitoring studies, a scientific tool to detect changes in aquatic ecosystems affected by effluent.

All these cuts will have an impact on water quality. Need I remind hon. members that in 2000, seven people died in Walkerton, Ontario, when drinking water was contaminated by E. coli?

Do we want to see poor water quality management cause other similar tragedies? Who will want to import Canadian water if there is any doubt about its quality and safety?

In closing, I would like to say that it is wrong to believe that Canada is protected from a water shortage. A quarter of Canadian municipalities have already dealt with water shortages, and a third of them rely on groundwater to meet their current needs.

We must have a national water strategy, as my colleague from Burnaby—New Westminster proposed in 2010.

The bill introduced by the hon. member for Bruce—Grey—Owen Sound is a step in the right direction, but it is does not go far enough.

The environmental crisis we are experiencing requires fundamental changes to our lifestyle and our resource development policy.

There is no room for ideology or partisanship. We need pragmatism, initiative and leadership on the national and international levels.

We must not leave our children and grandchildren with a social and environmental debt. The time to act is now.

Employment Insurance

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

Mr. Speaker, I thank the Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour, who will once again respond to these questions.

I am pleased to have an opportunity to return to the House today to speak about an important subject that affects all Canadians. I am referring to one of our most precious social safety nets: employment insurance.

Last spring, when the session was in full swing, I asked two questions of the Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour. The questions were about employment insurance, and I think that no time is better than the present to once again attempt to get answers, since this topic is again the fodder for our debates in the House.

I will therefore ask the following question. Bill C-38 on the budget proposes to repeal the clause under which a worker seeking employment is not obligated to accept a job where the working conditions, including the rate of compensation, are less favourable than those offered by good employers. In short, the Minister of Human Resources and Skills Development wants to lower salaries and the buying power of this country. Why are the Conservatives waging war on workers, when they drive our economy?

We all know that Bill C-38 has now become law and that the changes made to the legislation have come into effect or will soon do so.

Since the bill was passed into law, we have received thousands of calls and much correspondence from employees, the unemployed and employers who not only say that they are concerned about the new measures, but who also confirm that they only aggravate the already precarious situation in which the poor of our country find themselves.

The reason for this concern is quite simple: the new definition of suitable employment announced by the minister is quite illogical. To begin with, the new categories of unemployed persons concocted by the minister's team now put pressure on job seekers, who after a certain time will have to agree to whatever job comes their way, with a salary of up to 30% less than their average compensation. That, therefore, means less money in the pockets of workers and their families.

These measures will put pressure on seasonal employers, who will lose skilled and specialized labour because unemployed workers will be obligated to find other employment before their seasonal work resumes. This will be more costly for businesses as they will have to continuously retrain a new labour force that will not return.

Also, the possible devaluation of skills must be taken into consideration. Nothing in the Conservatives' budget referred to training and support in order to place the unemployed in their area of expertise. In short, workers will find themselves forced to work at jobs that in no way relate to their qualifications. Skills and productivity will be lost. I cannot see how an unemployed welder will contribute as much to the Canadian economy with the salary of a packager.

The Conservatives boast that they are focusing on kick-starting the economy and creating jobs. Can the minister explain on which economic principles and which studies her department relied to create this reform and to make the claim that it would create jobs and wealth?

Helping Families In Need Act

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

Mr. Speaker, as was mentioned earlier, the NDP will support Bill C-44 for a number of reasons. Basically, it responds to a number of the demands that the NDP has traditionally made in order to help parents who are in drastic and often unusual circumstances. With this in mind, one can hardly be opposed to virtue, and this is why we will support the bill. However, there are a number of shortcomings in the bill that I will come back to in my speech.

First and foremost, I would like to go on in the same vein and a little bit further with the question that I just asked, to speak a little bit about what the Conservatives have done to employment insurance since they came to power, particularly with the passage of Bill C-38.

I come from the Lower St. Lawrence area, a region that depends on employment insurance a great deal. It is not that we want to depend on it, but the reality in the Lower St. Lawrence, as in the Gaspé and in a number of other regions in Quebec, is that seasonal work is of major importance to the economy. It is true that there has been greater diversification over the past few years, but there are still many workers in the region who depend on either agriculture or tourism or forestry or the fisheries. These are strictly seasonal types of jobs, and employment insurance helped seasonal workers cover the periods during which they were unable to work.

In light of the provisions put forward in Bill C-38, and that are now in effect, someone who works in a specific field such as tourism can now be forced to work in a store or in a boutique for up to 70% of their salary or they will lose their benefits. They can even be forced to travel to a job location that is at least an hour by car from their home, which in the Lower St. Lawrence means from about 70 to 100 km.

The amendments that were proposed by the Conservatives and that were adopted by this House, which unfortunately had a Conservative majority, are detrimental to a number of regions that, once again, depend on employment insurance, even though of course they might well prefer not to.

There is another element, as my colleague mentioned earlier. It was caused by the Conservatives and also by the Liberals before them. I am referring to the low proportion of people contributing to employment insurance who can actually collect benefits. The Conservatives deny in their answers that this is the case, but this is a fact. Of all of the people who were unemployed and actively looking for work in July 2012, only 508,000 Canadians were able to receive employment insurance benefits. This means that 870,000 unemployed Canadians were unable to receive benefits. In other words, only four out of 10 unemployed people were able to collect benefits, and this is because of the conditions reducing entitlement to benefits that were brought in by the Liberals and by the Conservatives.

However, Bill C-44 has remedied some specific situations, and that is why we are going to support it at second reading, even though some changes are likely going to be put forward in committee later on.

This bill will make amendments to the Canada Labour Code to enable parents of seriously ill children, or of missing or deceased children as the result of a crime, to obtain leave without pay without fear of losing their jobs. It will enable employment insurance claimants, who fall ill during their parental leave, to also get sickness benefits—in other words, additional benefits. The bill will create another category of special employment insurance benefits for the parents of children who are seriously ill, which will be extended to a maximum of 35 weeks, and be shared by parents over a 52-week period. It will create a new special employment insurance benefit for the parents of children who are murdered or missing as the probable result of a crime. The benefits total $350 a week for a maximum of 35 weeks, and two weeks will be added in the case of a child located during the benefit period.

Even though these measures are positive and should be supported in order to assist parents who face a particularly difficult and traumatic period in their life, one still has to wonder why the Conservative government has specifically targeted these families, to the exclusion of other families.

For example, children may be reported missing due to circumstances that are not believed to be criminal in nature, for example, when a child runs away. A runaway child may be absent for a long time, in fact, many children run away for several days, or weeks. There is not necessarily a criminal element to what has occurred. However, I can tell you, that the vast majority of parents, if not all parents, find it to be an extremely difficult experience. First and foremost, these parents are concerned about the welfare of the child. They want to be free and able to participate in efforts to actively locate their missing child.

I do not think that it is appropriate to exclude these parents from categories of employment insurance. Yet, the Conservatives have chosen to do so. Why? I would like answers.

Another thing that bothers me is the non-explicit exclusion in the text of special benefits for parents whose child is injured while committing a crime. A crime may be any number of things. It may be a serious offence, but it might also be an act where parents have a key role to play in getting their child back on track.

I am the father of two children. I have a boy who will soon be four and a little girl who is not even one. I know what my role as a parent will be later on. My child might be nine or 10 and do something stupid, like shoplift, and my role as a parent will be to get my child back on track. It is important to not criminalize such children because it is clear that they do not have the capacity to distinguish between what is right and what is wrong, what is good and what is bad. It is the parent's role to guide them.

Let us take the same child and say they are shoplifting and are struck by a car in the course of the theft. The child is expressly excluded from these special benefits, in plain words. There is no room for interpretation. Here I can see the difference between the Conservative approach and the more progressive approach to parents’ role in rearing their children. This Conservative approach is even going to have repercussions on the proposed bills.

This aspect was raised by the member for Saskatoon—Wanuskewin in committee during previous parliaments, where a very similar private member’s bill introduced by an opposition member was discussed. At the time, he introduced the bill as a measure to provide support for victims. It is hard to argue that this measure supports victims if the parent or family of a child who is injured falling down stairs, or is struck by a car, or injured some other way while committing a crime, is entitled to claim benefits in this case. It is not the victim who is benefiting. For that reason, I cannot support this bill.

In plain words, that is what the Conservative member who is still here today said in a previous parliament at a committee meeting. That really highlights the difference between the Conservative approach and the progressive approach to education. It is truly unfortunate that we have this in a bill like this one. We have to understand that the parents of children who are run down or seriously injured in whatever circumstances are also affected. This bill has nothing to say about those parents.

We believe it is a real problem to target one particular category, even though, like all members present here, and you, Mr. Speaker, I agree that these parents need help. We are prepared to offer them our support. We consider it unfortunate that Bill C-44 excludes or omits certain categories of parents whose children are touched or seriously affected in non-criminal ways. This is because of the law and order lens that virtually all Conservative initiatives are seen through, not just for issues relating to the justice system, but also for issues relating to human resources and employment insurance, as in this case.

The House as a whole is going to want to debate this bill. I hope the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities is going to do good work. This bill is a step in the right direction, as several of my colleagues have said. We hope to hear the government’s justification for the omissions from the categories of people who will be able to claim the special benefits. We are certainly going to propose amendments to try to remedy those omissions. For the moment, we can only express our support, in particular, for parents of children who are victims of crime, and especially who are injured or die, for their terrible tragedy. This bill will give them a way to overcome their situation. This will be a contribution by the members in this House to help them deal with this situation.

Helping Families in Need Act

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I think members of the House all agree that this is a small step in the right direction to help parents of young children who may be sick or victims of crime.

We are seeing the effects of Bill C-38, the omnibus crime bill, in our communities right now. In my constituency of Surrey North, I have seen people who are struggling to get their cheques on time. People are trying to speak to a live person on the other end of the phone line. People are struggling to qualify for these benefits that they have paid into. I heard from one of my constituents who has paid into the EI program for decades.

Is my colleague hearing that people are having trouble getting someone live on the phone? Is he hearing these sorts of complaints from his constituents?

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, this is a small step in the right direction. However, the Conservatives have taken giant steps backwards when it comes to Canadians getting benefits and how they qualify. During the time Canadians are getting benefits, if they want to work part-time or earn extra income, the Conservatives are cutting back on the take-home pay people are able to make.

I have watched Conservatives in this House as they constantly play with the numbers. We are seeing that right now. In fact, 40% of unemployed Canadians receive benefits. The other 60% are not receiving any EI benefits at all.

Bill C-38 and the cuts Conservatives brought in to services and benefits are a big issue.

Would my colleague agree that this is a small step in the right direction to help families, yet the Conservatives have taken large steps backwards in providing benefits to the unemployed?

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Mr. Speaker, I have heard very similar stories in my constituency of Scarborough—Rouge River, but I must go one step further. We have extremely high levels of unemployment among adults and youth. My constituency has the highest youth to population ratio in all of the GTA and we know that youth unemployment is skyrocketing. It is the highest in our history and continues to skyrocket.

We know that 4 out of every 10 unemployed workers have not qualified for EI benefits as a result of the continued cuts and clawbacks and changes to the EI legislation from the omnibus Bill C-38, along with other changes that the Conservative government continues to make. These will continue to erode the benefits that employers and employees have paid for.

Finally, we have to remember that the EI benefits fund is one that only employers and employees have paid into, and if the government is not paying into it--

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, these are good changes that will help families in time of need and we fully support them. However, I want to highlight the bigger problem with the EI program. We have seen the gutting of the EI program by the Conservative government. Bill C-38 not only gutted the benefits paid to Canadians but also cut services for people who want to access these benefits.

I have seen this in Surrey North, where hundreds of people have come to my office. They struggle with the maze that is in place when phoning and getting either no answer or no live person answering. Not only that, but people are also having difficulty accessing the EI benefits they paid for. After two and a half months they have not received their first cheque. Under the Conservative government we have seen the highest personal consumer debt rate among all Canadians, so people who lose their jobs need the money to bridge that gap.

Has my colleague heard these sorts of complaints in her constituency?

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, it is important to know that we on this side of the House support these changes to the Employment Insurance Act. They will help Canadian families at a time when they need the benefits the most.

Many people have come to my riding office who have told me they are not getting their benefit in time and cannot get access by phone. There are many cases of people waiting months to receive their first EI benefit cheque, and this from a fund they have paid into and unfortunately have to access after losing their job.

I wonder if my colleague could tell me about her experience in her riding. How are people being affected by these drastic changes to EI and the service cuts that were part of omnibus Bill C-38?

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, this is the first time I have had a chance to stand in the House since you were elected and I want to congratulate you. I know the House will benefit from your knowledge and your wisdom. I have benefited, as have many newer members in the House. I look forward to working with you.

I will be splitting my time with my fellow British Columbian, the member for Esquimalt—Juan de Fuca.

I rise today to speak to Bill C-44, An Act to amend the Canada Labour Code and the Employment Insurance Act. My colleagues in the NDP support the bill. It is not a question about ideology. It is not a question about partisan politics. It is about assisting families in times when they need the help most. It goes without saying that we support these changes that would help ease the suffering of parents who need the help.

Parents who have children who are ill and parents of children who are victims of crime deserve our support so that they do not need to worry about financial support when they are struggling to cope with very difficult situations. In situations where children are in a hospital the parents need to do the parenting and not worry about financial decisions that need to be made.

It is a good bill in that sense. We also support the new right to combine EI benefits so that if people get sick or injured while on parental leave, it does not take time away from their children. The bill is definitely a step in the right direction but I do have some concerns.

My understanding is that the Conservatives promised in their campaign literature in 2011 to provide enhanced EI benefits to parents of murdered or missing children and parents of gravely ill children. This was their promise. However, the Conservatives also promised that the funding for this measure would come from general revenues, not EI premiums. The grant for parents of murdered and missing children would be paid from general revenues and not through EI. However, it appears that the Conservatives have ignored their promise that benefits for critically ill children would be paid from general revenues.

I am curious as to why they have made this choice and gone back on their promise that this would not come out of EI. We have an accumulated deficit of $9 billion in the EI fund and that deficit has occurred under the current government.

A few years ago we had a surplus of $50 billion in the EI fund that was paid by the workers and employers so that when the fund was needed it was there. However, we have seen the government take that money out of the EI fund and put it in general revenues. The money that was there for people to use EI has been taken away by the government and now we have a deficit of $9 billion in the fund.

On top of that, we have seen the government increase EI premiums both for the employer and for working people. That happened this year and that is not fair.

We in the NDP have been very clear. We want comprehensive EI reforms. We want to make EI accessible and effective for all Canadians when they need this insurance policy. These measures also do not address the greatest challenge with EI, the lack of access for unemployed Canadians. I am concerned that the government is avoiding the biggest problems with EI. For example, fewer than half of all unemployed Canadians are receiving EI benefits.

As of July 2012, about 500,000 Canadians receive regular EI benefits. We have 1.3 million unemployed Canadians looking for work. This means that we have over 870,000 or 40% of unemployed Canadians who are without EI benefits. I would remind the House that is an all-time historic low. That is why the NDP will continue to fight for an EI system that is fair, accessible and effective for unemployed Canadians.

Over the last number of months, we have seen changes to the EI program itself as well as service cuts brought through the omnibus Bill C-38. The effects of those changes are trickling into every corner of this country. I have seen this firsthand in my constituency. People who have come into my office are struggling to access their benefits because of the maze that has been created. They are having difficulty resolving issues, getting through on phone lines and even talking to a live person over the phone because of the service cuts.

On top of that, we have seen the changes brought in by the Conservatives through Bill C-38 strip away the benefits from workers who have contributed into this fund. They are not able to receive the benefits that they should be receiving. I have had many cases where people have waited months to receive their first cheque. People pay into the EI program to collect the benefit when they are laid-off. It is a bridging for them until they find another job.

We know that Canadians are burdened with high consumer debt and living from cheque to cheque. When people lose their job and apply for EI, one would think they would get their cheque as soon as possible. However, under the Conservative government, people are waiting for months. One gentleman who came into my office waited two and a half months for his cheque. He had paid into the EI system for decades and had never collected EI benefits before but, unfortunately, he lost his job. He was literally on his last box of macaroni and cheese. In fact, he had to go to the food bank to get food for his family. After two and half months, one would expect his cheque to be there. When he phoned EI, there was nobody live to talk to. In fact, there was a small administrative issue that could have been dealt with many weeks earlier. However, this fellow was getting nowhere. We were able to help him, but, again, a person who paid into the system should not have to wait that long to receive EI benefits.

I could go on because I have seen first-hand how these types of changes are affecting everyday families in my constituency and right across this country.

This is a small change but a good initiative that will help Canadian families throughout the country, and we welcome that. As we have said, we would like to discuss the changes made in Bill C-38 in committee so that we can get to the bottom of the bigger issues, which is the broken EI system that has been put in place by the Conservatives.

Health

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

Mr. Speaker, I rise today to go back to a very valid question that I asked in the House before the summer recess. At the end of April, I drew the minister’s attention to the fact that, all spring, the NDP had asked the government a great many questions in order to get answers about the impact of the Service Canada cuts.

What I regretted at the time and what I regret to this day is that few concrete responses have come to the ears of Canadians, although Canadians deserve clarification on the employment insurance reform this government has set in motion. The government is clearly demonstrating a lack of transparency, whereas its first responsibility is precisely to be accountable to Canadians.

I spoke then about a culture of secrecy that prevails in the Conservative team. I maintain that that behaviour puts into clear and present danger the entire system on which our democratic institutions rest, institutions that should be built on mutual trust between the government and the people.

Over the past year, Canadians have unfortunately witnessed this unacceptable behaviour on a number of occasions. At the time, I asked the minister when Canadians would have the pleasure of an open, honest and communicative government. I stand here today on behalf of all Canadians in order to obtain more information in that regard.

At present, we are well aware that in the history of Canada, there has never been a more controlling cabinet than the Prime Minister's cabinet when it comes to information. Information is disclosed in dribs and drabs. This is not surprising when we think of how things are managed, the F-35 fiasco, implementing the budget while keeping Canadians in the dark, and the many ethical lapses that the government must constantly cover up.

Examples of the lack of transparency on the part of this government abound, to the dismay of the people, who only want to know where they stand when it comes to reforms or cuts.

It is the same problem with employment insurance and its reform. Since Bill C-38 was introduced, Canadians have been given the broad general outline of an unwarranted reform but not the details and content of or, more particularly, the rationale for this reform. How can Canadians who are affected by these changes plan their futures or anticipate the possible impact on their quality of life or on their family life if they are kept in the dark?

How do we know whether seasonal workers in the regions who mainly make their living on the seasonal economy will have to be uprooted from their communities and forced into exile in a place where low-quality, full-time jobs are available? How do we know whether unemployed workers who find a job that pays 70% of their salary and who then lose their job again will not see their salary disappear by being obligated to accept a job that pays 70% of 70% of their initial salary? How do people avoid the trap of the downward spiral of poverty? How does a mother who is the head of a single-parent family get child care so that she can work a 40-hour week in a town that is an hour away by public transportation?

In an ideal world, Canada would have full employment from coast to coast to coast. However, in the real world, our economy depends on the global economic situation and one must assume that entire economic sectors—sectors that make Canada a prosperous and economically balanced country—involve seasonal work. This government must recognize and value that fact.

I would like the minister to take this opportunity to reassure Canadians of her government's desire for transparency in the management of its files, including that of employment insurance.

Bill C-38

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

Mr. Speaker, I rise today to present a number of petitions from earlier this spring. The petitioners are concerned that we should not pass Bill C-38.

Faster Removal of Foreign Criminals Act

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

Mr. Speaker, it is with very mixed feelings that I take part in this discussion on Bill C-43. I say mixed feelings because there is definitely an issue here worth discussing and finding a solution to, but this is no way to approach it.

I am here, speaking in the House, because of the voters of Trois-Rivières. We can all agree that Trois-Rivières is not exactly an immigration gateway to Canada. Imagine my surprise in the weeks following my election when I saw the plurality of the cultural communities in Trois-Rivières, when I spoke with the people of those communities and recognized the wealth of diversity. I also recognized a need to listen to one another, in order to try to understand each other, given our respective cultural baggage.

I realized that there should be an individualized approach to immigration for each of the people that I met with in my riding office. There is no doubt that, of all the files that I have dealt with in Trois-Rivières since I was elected, those related to the Department of Citizenship and Immigration have been the most complex. It seems that this goes without saying, given the nature of the subject at hand. As a result, I have a very hard time when someone tries to present a simple or even simplistic solution to a complex problem involving immigration.

Thus, to support Bill C-43 as it stands would require me to turn my back on core values that I cannot deny. It is also asking me to take a great leap of faith to vote to send this bill to committee in the hopes that major amendments will be made to it, particularly given the number of amendments that were accepted in the case of a bill as large and important as Bill C-38. If the past is any indication, there is not much there to reassure me.

However, with all due respect for parliamentarianism, I must still place some hope in committee work and in the fact that the committee could considerably improve a bill that contains certain elements that I think are essential and could do away with others that are simply not consistent with the values held by most Canadians.

For the sake of time, I will start with my biggest concern. If I have any time left, I will end with the points on which both sides of the House could come to an agreement. I hope that this approach will be constructive and will help to set the tone for the work that members of this committee will do.

My first concern is that the vision of the Conservatives' bill is completely black and white. Bill C-43 is one of many Conservative bills that, as I said earlier, proposes a simple solution to a complex problem. With regard to the bill we are discussing this afternoon, there seem to be good people and bad people but very rarely good people who have given in to a moment of weakness and are not necessarily destined for a life of crime, but whom the Conservatives want to force to leave the country.

The picture before us is, once again, presented only in black and white, with almost no shades of grey. Yet it is difficult to describe reality without using all shades of grey. We simply have to think back to black and white television, for those who are my age, anyway. If there had been no shades of grey, we would not have seen much of anything. Very few things, particularly concerning immigration, correspond to this dualistic view of the world. Any search for consensus must look at solutions that take into account a broader range of shades of grey, which will allow us to consider every possible situation.

Bill C-43 also presents a risk of considerable abuse.

Let us first talk about the powers that would be granted to the minister. I must point out that this is not a question of examining the personality of the current Minister of Citizenship, Immigration and Multiculturalism, but rather of the powers that could be exercised by any individual who is in charge of that rather complex department.

Usually, in famous western movies, there are good guys and bad guys, and there is usually a sheriff to mediate the conflict. Well, in this case, it seems that the sheriff is none other than the Minister of Citizenship, Immigration and Multiculturalism. His discretionary power will increase, while the criteria used to achieve justice seem to be decreasing.

The minister would thus have the authority needed to rule on the admissibility of temporary resident applicants. That means that the minister could rule that the foreign national is inadmissible for up to 36 months, if he believes that it is in the public interest.

I will digress for a moment. First, the verb “to believe” introduces a grey area or value judgment. It is hard to imagine that the verb to believe refers to objective criteria. The belief might vary from one minister to the next. We know that cabinet shuffles, even changes in government, are legion in our democratic system.

Bill C-43 does not define public interest. What is really in the public interest and allows the minister to determine that it would be best to deport a person?

What is more, Bill C-43 takes away from the minister the responsibility, even the obligation, to examine the humanitarian circumstances of the foreign national who is deemed inadmissible for security reasons. That again is a grey area and is difficult to define.

I believe that the minister in charge of such a department must be the instance of last resort. He must rise above the fray and not be a part of the decision-making machine, and not have a penchant for ideology.

Furthermore, the bill changes the definition of what is considered to be “serious criminality”. This will be a particularly important matter to be debated in committee. What corresponds to the NDP or Conservative view of what we might term “serious criminality”, and will also garner the broadest consensus among Canadians when it is time to describe and judge what constitutes “serious criminality”?

Previously, a serious criminal was someone given a sentence of two or more years, which was the logical connection to the judge's reasoning when judging a crime. If a crime was deemed to be punishable with a sentence of two years or more, the criterion of “serious criminality” was met.

By changing this criterion from two years or more to six months or more, will judges be asked to change how they interpret the law and make their rulings? Absolutely not. It means that we are opening the door to including all sorts of crimes that, under the old law, would not have been viewed as “serious criminality” and that detractors would consider to be grounds for deportation.

We can well imagine that judges will not change their rulings and that a much larger number of cases may find their way into the new process set out by Bill C-43.

What about the right to an appeal process? It is no longer an option, even for someone given a six-month sentence for a crime that most Canadians would not consider a real threat to public safety.

For example, imagine an immigrant with an incurable illness that causes unbearable pain. He decides to seek relief by discreetly growing five or six pot plants at home. He is not selling drugs. While some parliamentarians are considering the possibility of legalizing marijuana, for just such a situation, that person could be found guilty of a serious crime and be deported to a country that he does not know well enough culturally to live in safely and soundly. He may have come to Canada as a child. Canada could be his only refuge and ours the only culture he has ever known.

Lake Protection

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, many people are perplexed by the joy the Conservatives seem to take in destroying the environment, as demonstrated by Bill C-38. For instance, in my riding of Laurentides—Labelle, the people of the municipality of Nominingue wanted to protect their lakes. They embarked on a lengthy process to change some boating regulations, which involved submitting to a long series of procedures and public consultations. These people are wondering if it still makes sense to pursue their efforts considering the elimination of the protection of wildlife habitat, or if they should simply give up and put up with the 350 horsepower engines on a lake that is only 0.85 square kilometres. Personally, I think this government could not care less. I would say that the lights are on but nobody is home.

Employment Insurance

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

Mr. Speaker, I congratulate you on your recent appointment and I thank Ms. Savoie for her good work. I can name her in the House now that she is no longer a member of Parliament.

I am pleased today to get back to an issue that is very important to Canadian workers who have lost their jobs: employment insurance. When Parliament was still hard at work many weeks ago, I asked a question to the Minister of Human Resources and Skills Development, which had to do with the funds used to continue operations of the Employment Insurance Financing Board of Canada, when millions are being cut in essential services at Service Canada.

We were in the middle of debate on the reforms to employment insurance found in Bill C-38, that Trojan Horse bill that was hiding all kinds of legislation that will have a number of negative effects on our economy, our social programs and our environment. I think that my question deserves more of an explanation than what I received as an answer. That is why I am here today.

Canadians deserve more transparency from this government. It must be accountable for its unjustified actions that affect Canadians. This is a matter that concerns me greatly. Millions of dollars in cuts have been made to Service Canada in recent years; available resources should be allocated to providing the best possible services to Canadians, who, when applying for employment insurance, are already dealing with mostly casual employees.

In the view of the NDP and of thousands of Canadians, essential services for the unemployed have become inadequate and inaccessible. Workers all across the country who lose their jobs have to wait for weeks, if not months, without seeing hide nor hair of their first benefits. It has become practically impossible to speak to someone at Service Canada about one's own file and one's own situation.

The unemployed see their bills piling up; entire families are falling into complete financial peril. How many people do we know who can go two whole months with no income and still manage to meet their needs? Are we that rich in Canada that we are able to do that? Meanwhile, Service Canada employees can no longer keep up with the demand, or are let go as a result of the draconian cuts that followed the most recent budget.

The government claims that Canadians had a choice to make: eliminate the deficit or have good public services. That choice is completely absurd. Eliminating the deficit is an excellent idea as long as it is not done at the cost of public services and on the backs of Canadians. They need the front-line services and they must not be deprived of them.

Essential services must be maintained and this government will not be fulfilling its commitment to Canadians by closing hundreds of points of service and revamping appeal procedures in order to make them even less accessible. Accessibility to EI is at an all-time low in Canada. Under the Conservatives, although all workers pay into employment insurance, only 37% of them have access to it when they need it.

In conclusion, the government has put in place rules that are so strict that less than one in four people will henceforth qualify for the program. Let us also recall that the government has not contributed to the employment insurance fund since 1990. The contributors to the fund are people without jobs, people with jobs and employers.

Opposition Motion—The Canadian Economy

[Steven Fletcher, Conservative, Minister of State (Transport)]

Mr. Speaker, I listened to the member intently. Having visited his riding several times, including last summer, I want to say that it is a beautiful riding with wonderful people.

However, the NDP policies do not seem to be consistent with the desire of the people of the north. For example, on the gun registry, the member for the Northwest Territories voted against that. We had action through Bill C-38 to increase the ability for environmentally-friendly development at a fast rate. Again, it was something that would be great for the people of the north, but the member voted against it.

Everything we have done as a government is wonderful for the north, but the people across the way just want to make the north a big national park for the Americans.