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

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 18, 2012 Passed That the Bill be now read a third time and do pass.
June 18, 2012 Failed That the motion be amended by deleting all of the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, because this House: a) does not know the full implications of the budget cuts given that the government has kept the details of the $5.2 billion in spending cuts from the Parliamentary Budget Officer whose lawyer, Joseph Magnet, says the government is violating the Federal Accountability Act and should turn the information over to the Parliamentary Budget Officer; b) is concerned with the impact of the changes in the Bill on Canadian society, such as: i) making it more difficult for Canadians to access Employment Insurance (EI) when they need it and forcing them to accept jobs at 70% of what they previously earned or lose their EI; ii) raising the age of eligibility for Old Age Security and the Guaranteed Income Supplement from 65 to 67 years and thus driving thousands of Canadians into poverty while downloading spending to the provinces; iii) cutting back the federal health transfers to the provinces from 2017 on, which will result in a loss of $31 billion to the health care system; and iv) gutting the federal environmental assessment regime and weakening fish habitat protection which will adversely affect Canada's environmental sustainability for generations to come; and c) is opposed to the removal of critical oversight powers of the Auditor General over a dozen agencies and the systematic concentration of powers in the hands of government ministers over agencies such as the National Energy Board, which weakens Canadians' confidence in the work of Parliament, decreases transparency and erodes fundamental democratic institutions by systematically eroding institutional checks and balances to the government's ideologically driven agenda”.
June 13, 2012 Passed That Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be concurred in at report stage.
June 13, 2012 Failed That Bill C-38 be amended by deleting the Schedule.
June 13, 2012 Failed That Bill C-38, in Clause 753, be amended by replacing lines 8 and 9 on page 424 with the following: “force on September 1, 2012.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 711.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 706.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 700.
June 13, 2012 Failed That Bill C-38, in Clause 699, be amended by replacing line 16 on page 401 with the following: “2007, is repealed as of April 30, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 699.
June 13, 2012 Failed That Bill C-38, in Clause 696, be amended by replacing lines 2 and 3 on page 401 with the following: “on September 15, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 685.
June 13, 2012 Failed That Bill C-38, in Clause 684, be amended by replacing lines 6 to 8 on page 396 with the following: “684. This Division comes into force on September 1, 2012.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 661.
June 13, 2012 Failed That Bill C-38, in Clause 681, be amended by replacing lines 32 to 34 on page 394 with the following: “681. This Division comes into force on January 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 656.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 654.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 620.
June 13, 2012 Failed That Bill C-38, in Clause 619, be amended by replacing lines 22 and 23 on page 378 with the following: “608(2) and (3) come into force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 606.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 603.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 602.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 595.
June 13, 2012 Failed That Bill C-38, in Clause 594, be amended by replacing lines 6 and 7 on page 365 with the following: “on April 30, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 578.
June 13, 2012 Failed That Bill C-38, in Clause 577, be amended by replacing lines 18 to 20 on page 361 with the following: “577. This Division comes into force on June 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 532.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 531.
June 13, 2012 Failed That Bill C-38, in Clause 530, be amended by replacing lines 24 and 25 on page 342 with the following: “on January 15, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 526.
June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by deleting lines 6 to 10 on page 341.
June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by replacing lines 6 to 10 on page 341 with the following: “And whereas respect for provincial laws of general application is necessary to ensure the quality of the banking services offered;”
June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by replacing line 33 on page 340 with the following: “Whereas a strong, efficient and publicly accountable banking sector”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 525.
June 13, 2012 Failed That Bill C-38, in Clause 522, be amended by replacing line 2 on page 340 with the following: “possible after the end of each fiscal year but”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 516.
June 13, 2012 Failed That Bill C-38, in Clause 515, be amended by replacing line 28 on page 338 with the following: “September 1, 2013 or, if it is later, on the day on”
June 13, 2012 Failed That Bill C-38, in Clause 508, be amended (a) by replacing line 1 on page 336 with the following: “( b) humanely dispose of that animal or thing or require” (b) by replacing line 3 on page 336 with the following: “care or control of it to humanely dispose of it if, according to expert opinion, treatment under paragraph ( a) is not feasible or is not able to be carried out quickly enough to be effective in eliminating the disease or toxic substance or preventing its spread.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 506.
June 13, 2012 Failed That Bill C-38, in Clause 505, be amended by replacing lines 9 and 10 on page 333 with the following: “on January 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 490.
June 13, 2012 Failed That Bill C-38, in Clause 489, be amended by replacing line 20 on page 329 with the following: “February 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 487.
June 13, 2012 Failed That Bill C-38, in Clause 486, be amended by replacing line 30 on page 328 with the following: “January 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 484.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 481.
June 13, 2012 Failed That Bill C-38, in Clause 480, be amended by replacing line 13 on page 326 with the following: “subsection 23(1) and all criteria and factors considered in reaching a decision or sending notice under that subsection, with the exception of all commercially sensitive information;”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 479.
June 13, 2012 Failed That Bill C-38, in Clause 478, be amended by replacing lines 25 to 27 on page 325 with the following: “478. This Division comes into force on September 15, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 476.
June 13, 2012 Failed That Bill C-38, in Clause 475, be amended by replacing lines 18 and 19 on page 324 with the following: “tion 4.1, including their issuance and their”
June 13, 2012 Failed That Bill C-38, in Clause 474, be amended by replacing line 3 on page 324 with the following: “that he or she considers appropriate for assuring the quality of seeds and seed crops, subject to the conditions set out in subsection (5).”
June 13, 2012 Failed That Bill C-38, in Clause 473, be amended by replacing lines 12 and 13 on page 323 with the following: “tion 4.2, including their issuance and their”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 473.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 468.
June 13, 2012 Failed That Bill C-38, in Clause 467, be amended by replacing lines 3 to 5 on page 322 with the following: “464 and 465, come into force on June 15, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 446.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 445.
June 13, 2012 Failed That Bill C-38, in Clause 444, be amended by replacing lines 1 to 3 on page 306 with the following: “444. This Division comes into force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 441.
June 13, 2012 Failed That Bill C-38, in Clause 440, be amended by replacing lines 21 and 22 on page 305 with the following: “force on January 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 427.
June 13, 2012 Failed That Bill C-38, in Clause 426, be amended by replacing lines 1 to 3 on page 299 with the following: “426. This Division comes into force on May 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 420.
June 13, 2012 Failed That Bill C-38, in Clause 419, be amended by replacing lines 12 and 13 on page 295 with the following: “force on January 1, 2016.”
June 13, 2012 Failed That Bill C-38, in Clause 416, be amended by replacing line 40 on page 292 with the following: “considers appropriate and must be subject to regulatory approval.”
June 13, 2012 Failed That Bill C-38, in Clause 413, be amended by deleting lines 25 and 26 on page 291.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 412.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 411.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 391.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 378.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 377.
June 13, 2012 Failed That Bill C-38, in Clause 374, be amended by replacing lines 31 to 33 on page 280 with the following: “374. This Division comes into force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38, in Clause 368, be amended by adding after line 34 on page 274 the following: “(3) Every officer appointed under this section must conduct every operation, wherever it takes place, in a manner respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 368.
June 13, 2012 Failed That Bill C-38, in Clause 367, be amended by replacing lines 9 and 10 on page 272 with the following: “force on January 1, 2014.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 353.
June 13, 2012 Failed That Bill C-38, in Clause 325, be amended (a) by replacing line 20 on page 244 with the following: “(2) The Minister shall conduct a comprehensive review of the manage-” (b) by replacing line 22 on page 244 with the following: “at least every 10 years, taking into account any feedback received from the public under subsection (2.1), and shall cause any” (c) by adding after line 24 on page 244 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
June 13, 2012 Failed That Bill C-38, in Clause 324, be amended (a) by replacing lines 13 and 14 on page 244 with the following: “(2) The Minister shall conduct a comprehensive review of the management plan for each park at least every 10 years, taking into account any feedback received from the public under subsection (2.1),” (b) by adding after line 16 on page 244 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
June 13, 2012 Failed That Bill C-38, in Clause 319, be amended (a) by replacing line 39 on page 243 with the following: “(2) The Minister shall conduct a comprehensive review of the manage-” (b) by replacing line 41 on page 243 with the following: “protected heritage area at least every 10 years, taking into account any feedback received from the public under subsection (2.1),” (c) by adding after line 43 on page 243 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
June 13, 2012 Failed That Bill C-38, in Clause 318, be amended by adding after line 36 on page 243 the following: “(2) The report referred to in subsection (1) shall include, for the previous calendar year, all information related to any action or enforcement measure taken in accordance with subsection 6(1) under any Act or regulation set out in Part 3 or Part 4 of the Schedule.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 317.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 315.
June 13, 2012 Failed That Bill C-38, in Clause 314, be amended by replacing lines 8 and 9 on page 242 with the following: “on May 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 304.
June 13, 2012 Failed That Bill C-38, in Clause 303, be amended by replacing lines 2 and 3 on page 235 with the following: “on September 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 283.
June 13, 2012 Failed That Bill C-38, in Clause 281, be amended by replacing line 33 on page 226 with the following: “April 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 223.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 219.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 218.
June 13, 2012 Failed That Bill C-38, in Clause 217, be amended by replacing lines 21 to 23 on page 194 with the following: “217. This Division comes into force on April 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 217.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 214.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 209.
June 13, 2012 Failed That Bill C-38, in Clause 175, be amended by replacing line 17 on page 185 with the following: “financial statements of the Council, and the Council shall make the report available for public scrutiny at the offices of the Council.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 170.
June 13, 2012 Failed That Bill C-38, in Clause 163, be amended by replacing line 29 on page 181 with the following: “(6.1) Subject to subsection 73(9), the agreement or permit must set out”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 163.
June 13, 2012 Failed That Bill C-38, in Clause 161, be amended by deleting lines 32 to 39 on page 180.
June 13, 2012 Failed That Bill C-38, in Clause 160, be amended by replacing line 13 on page 180 with the following: “published in the Environmental Registry and in the Canada Gazette; or”
June 13, 2012 Failed That Bill C-38, in Clause 159, be amended by replacing line 25 on page 179 with the following: “mental Registry as well as in the Canada Gazette.”
June 13, 2012 Failed That Bill C-38, in Clause 157, be amended by replacing lines 37 and 38 on page 178 with the following: “and, subject to the regulations, after consulting relevant peer-reviewed science, considering public concerns and taking all appropriate measures to ensure that no ecosystem will be significantly adversely affected, renew it no more than once. (1.1) Before issuing a permit referred to under subsection (1), the Minister shall ensure that the issuance of the permit will not have any adverse effects on critical habitat as it is defined in subsection 2(1) of the Species at Risk Act. ”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 157.
June 13, 2012 Failed That Bill C-38, in Clause 156, be amended by replacing lines 29 and 30 on page 178 with the following: “and 153 come into force on July 1, 2015.”
June 13, 2012 Failed That Bill C-38, in Clause 154, be amended by replacing line 18 on page 177 with the following: “Act may not be commenced later than twenty-five years”
June 13, 2012 Failed That Bill C-38, in Clause 150, be amended by replacing lines 25 to 29 on page 176 with the following: “recommendation of the Minister following consultation with the public and experts or, if they are made for the purposes of and in relation to the subject matters set out in an order made under section 43.2, on the recommendation of the minister designated under that section following consultation with the public and experts.”
June 13, 2012 Failed That Bill C-38, in Clause 149, be amended by replacing line 40 on page 174 with the following: “( i.01) excluding certain fisheries, on the basis of public consultation and expert opinion, from the defini-”
June 13, 2012 Failed That Bill C-38, in Clause 148, be amended by replacing lines 15 to 21 on page 174 with the following: “42.1 (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration and enforcement of the provisions of this Act relating to fish habitat protection and pollution prevention for that year, including for those fisheries of particular commercial or recreational value and any fisheries of cultural or economic value for Aboriginal communities.”
June 13, 2012 Failed That Bill C-38, in Clause 145, be amended by replacing line 8 on page 164 with the following: “enforcement of this Act, provided that, with regard to the designation of any analyst, the analyst has been independently recognized as qualified to be so designated.”
June 13, 2012 Failed That Bill C-38, in Clause 144, be amended by replacing lines 46 and 47 on page 161 with the following: “results or is likely to result in alteration, disruption or serious harm to any fish or fish habitat, including those that are part of a commercial, recreational”
June 13, 2012 Failed That Bill C-38, in Clause 143, be amended by replacing line 17 on page 159 with the following: “made by the Governor in Council under subsection (5) applicable to that”
June 13, 2012 Failed That Bill C-38, in Clause 142, be amended by replacing line 5 on page 158 with the following: “(2) If conducted in accordance with expert advice that is based on an independent analysis so as to ensure the absolute minimum of destruction or disruption of fish populations and fish habitat, a person may carry on a work, under-”
June 13, 2012 Failed That Bill C-38 be amended by adding after line 32 on page 157 the following new clause: “139.1 The Act is amended by adding the following after section 32: 32.1 Every owner or occupier of a water intake, ditch, channel or canal referred to in subsection 30(1) who refuses or neglects to provide and maintain a fish guard, screen, covering or netting in accordance with subsections 30(1) to (3), permits the removal of a fish guard, screen, covering or netting in contravention of subsection 30(3) or refuses or neglects to close a sluice or gate in accordance with subsection 30(4) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding two hundred thousand dollars and, for any subsequent offence, to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both.”
June 13, 2012 Failed That Bill C-38, in Clause 139, be amended by replacing line 3 on page 157 with the following: “32. (1) No person shall kill or harm fish by any”
June 13, 2012 Failed That Bill C-38, in Clause 136, be amended by replacing line 39 on page 154 to line 1 on page 155 with the following: “(2) If, on the basis of expert opinion, the Minister considers it necessary to ensure the free passage of fish or to prevent harm to fish, the owner or person who has the charge, management or control of any water intake, ditch, channel or canal in Canada constructed or adapted for conducting water from any Canadian fisheries waters for irrigating, manufacturing, power generation, domestic or other purposes shall, on the Minister’s request, within the”
June 13, 2012 Failed That Bill C-38, in Clause 135, be amended by replacing line 9 on page 154 with the following: “commercial, recrea-”
June 13, 2012 Failed That Bill C-38, in Clause 134, be amended by replacing line 17 on page 151 with the following: “programs and, if the Minister has determined, on the basis of the features and scope of the programs, that the programs are equivalent in their capabilities to meet and ensure compliance with the provisions of this Act, otherwise harmonizing those”
June 13, 2012 Failed That Bill C-38, in Clause 133, be amended by replacing line 8 on page 150 with the following: “thing impeding the free”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 132.
June 13, 2012 Failed That Bill C-38, in Clause 131, be amended by replacing lines 35 and 36 on page 149 with the following: “force on August 1, 2015.”
June 13, 2012 Failed That Bill C-38, in Clause 124, be amended by replacing line 24 on page 141 with the following: “replace a licence after consulting the public, expert opinion and peer-reviewed scientific evidence, or decide whether it is in the public interest to authorize its transfer, on”
June 13, 2012 Failed That Bill C-38, in Clause 123, be amended by replacing line 18 on page 141 with the following: “seven months.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 122.
June 13, 2012 Failed That Bill C-38, in Clause 121, be amended by replacing lines 7 and 8 on page 141 with the following: “June 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 116.
June 13, 2012 Failed That Bill C-38, in Clause 115, be amended by replacing lines 33 and 34 on page 138 with the following: “and 99 to 114 come into force on September 1, 2015.”
June 13, 2012 Failed That Bill C-38, in Clause 97, be amended by replacing lines 40 and 41 on page 125 with the following: “120.5 The Board may issue a ”
June 13, 2012 Failed That Bill C-38, in Clause 94, be amended by replacing line 36 on page 124 with the following: “recommendation, the Board shall, after all required consultation with members of the public and with First Nations, seek to avoid”
June 13, 2012 Failed That Bill C-38, in Clause 93, be amended by replacing line 25 on page 124 with the following: “oil or gas, the Board shall, after all required consultation with members of the public and with First Nations and taking into account all considerations that appear to it to be relevant, satisfy itself that the”
June 13, 2012 Failed That Bill C-38, in Clause 90, be amended by replacing line 12 on page 118 with the following: “was constructed in accordance with the Navigable Waters Protection Act and that passes in, on, over, under, through or”
June 13, 2012 Failed That Bill C-38, in Clause 89, be amended by replacing line 16 on page 117 with the following: “certificate under section 52 or 53 authorizing the”
June 13, 2012 Failed That Bill C-38, in Clause 88, be amended by replacing line 11 on page 117 with the following: “under which section 58.29 does not apply or leave from the Board under”
June 13, 2012 Failed That Bill C-38, in Clause 87, be amended by replacing line 44 on page 114 with the following: “a work to which that Act applies, unless it passes in, on, over, under, through or across a navigable water.”
June 13, 2012 Failed That Bill C-38, in Clause 86, be amended by replacing line 32 on page 112 with the following: “V, except sections 74, 76 to 78, 108, 110 to 111.3,”
June 13, 2012 Failed That Bill C-38, in Clause 85, be amended by replacing lines 2 to 4 on page 111 with the following: “the Board shall have regard to all representations referred to in section 55.2.”
June 13, 2012 Failed That Bill C-38, in Clause 84, be amended by replacing line 36 on page 109 with the following: “the time limit specified by the Chairperson pursuant to a motion and vote among Board members,”
June 13, 2012 Failed That Bill C-38, in Clause 83, be amended by replacing lines 25 to 27 on page 105 with the following: “shall consider the objections of any interested person or group that, in their opinion, appear to be directly or indirectly related to the pipeline, and may have regard to the”
June 13, 2012 Failed That Bill C-38, in Clause 82, be amended by replacing lines 39 and 40 on page 104 with the following: “(4) Subsections 121(3) to(5) apply to”
June 13, 2012 Failed That Bill C-38, in Clause 81, be amended by replacing line 14 on page 104 with the following: “(2) A public hearing may be held in respect of any other matter that the Board considers advisable, however a public hearing need not be held where”
June 13, 2012 Failed That Bill C-38, in Clause 79, be amended by replacing line 35 on page 103 with the following: “(2) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”
June 13, 2012 Failed That Bill C-38, in Clause 78, be amended by replacing line 30 on page 103 with the following: “(1.1) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”
June 13, 2012 Failed That Bill C-38, in Clause 76, be amended by replacing line 25 on page 101 with the following: “15. (1) The Chairperson or the Board may authorize one”
June 13, 2012 Failed That Bill C-38, in Clause 75, be amended by replacing line 11 on page 101 with the following: “14. (1) The Chairperson may propose a motion to authorize one”
June 13, 2012 Failed That Bill C-38, in Clause 72, be amended by replacing lines 34 to 40 on page 100 with the following: “(2.1) For greater certainty, if the number of members authorized to deal with an application as a result of any measure taken by the Chairperson under subsection 6(2.2) is less than three, the Board shall elect a third member to satisfy the quorum requirements established under subsection (2).”
June 13, 2012 Failed That Bill C-38, in Clause 71, be amended by replacing line 25 on page 99 with the following: “an application, the Chairperson may propose a motion to put in place a”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 68.
June 13, 2012 Failed That Bill C-38, in Clause 67, be amended by replacing lines 20 and 21 on page 98 with the following: “force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38, in Clause 52, be amended by replacing lines 25 to 29 on page 35 with the following: “with respect to a project, that a group or individual is an interested party if, in its opinion, the group or individual, including those who use adjacent land for recreational, cultural or hunting purposes, is directly — or could potentially be indirectly — affected by the carrying out of the project, or if, in its opinion, the group or individual has relevant information or expertise:”
June 13, 2012 Failed That Bill C-38, in Clause 52, be amended by adding after line 8 on page 31 the following: “Whereas the Government of Canada seeks to achieve sustainable development by conserving and enhancing environmental quality and by encouraging and promoting economic development that conserves and enhances environmental quality; Whereas environmental assessment provides an effective means of integrating environmental factors into planning and decision-making processes in a manner that promotes sustainable development; Whereas the Government of Canada is committed to exercising leadership, within Canada and internationally, in anticipating and preventing the degradation of environmental quality and, at the same time, in ensuring that economic development is compatible with the high value Canadians place on environmental quality; Whereas the Government of Canada seeks to avoid duplication or unnecessary delays; And whereas the Government of Canada is committed to facilitating public participation in the environmental assessment of projects to be carried out by or with the approval or assistance of the Government of Canada and to providing access to the information on which those environmental assessments are based;”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 52.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 19.
June 13, 2012 Failed That Bill C-38, in Clause 16, be amended by replacing line 5 on page 14 with the following: “on January 1, 2013 a salary of $137,000.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 16.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 4.
June 13, 2012 Failed That Bill C-38, in Clause 7, be amended by replacing line 5 on page 8 with the following: “interest, being any activity that contributes to the social or cultural lives of Canadians or that contributes to Canada's economic or ecological well-being.”
June 13, 2012 Failed That Bill C-38, in Clause 7, be amended by replacing lines 1 to 5 on page 7 with the following: ““political activity” means the making of a gift by a donor to a qualified donee for the purpose of allowing the donor to maintain a level of funding of political activities that is less than 10% of its income for a taxation year by delegating the carrying out of political activities to the qualified donee;”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 1.
June 12, 2012 Passed That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than 10 further hours shall be allotted to the consideration at report stage of the Bill and 8 hours shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the 10 hours for the consideration at report stage and at the expiry of the 8 hours for the consideration at the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
May 14, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
May 14, 2012 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, because it: ( a) weakens Canadians’ confidence in the work of Parliament, decreases transparency and erodes fundamental democratic institutions by systematically over-concentrating power in the hands of government ministers; ( b) shields the government from criticism on extremely controversial non-budgetary issues by bundling them into one enormous piece of legislation masquerading as a budgetary bill; ( c) undermines the critical role played by such trusted oversight bodies as the Office of the Auditor General of Canada, the CSIS Inspector General and the National Energy Board, amongst many others, thereby silencing institutional checks and balances to the government’s ideological agenda; ( d) raises the age of eligibility for Old Age Security and the Guaranteed Income Supplement from 65 to 67 years in a reckless effort to balance the government’s misguided spending on prisons, incompetent military procurement and inappropriate Ministerial expenses; ( e) includes provisions to gut the federal environmental assessment regime and to overhaul fish habitat protection that will adversely affect fragile ecosystems and Canada’s environmental sustainability for generations to come; ( f) calls into question Canada’s food inspection and public health regime by removing critical oversight powers of the Auditor General in relation to the Canada Food Inspection Agency all while providing an avenue and paving the way for opportunities to privatize a number of essential inspection functions; and ( g) does nothing to provide a solution for the growing number of Canadians looking for employment in Canada’s challenging job market and instead fuels further job loss, which according to the Parliamentary Budget Officer will amount to a total loss of 43,000 jobs in 2014.”.
May 3, 2012 Passed That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than six further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the sixth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

November 1st, 2012 / 4:25 p.m.


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Senior Legislative Chief, Sales Tax Division, GST Legislation, Tax Policy Branch, Department of Finance

Pierre Mercille

You will have to remind me what is Bill C-38.

Rodger Cuzner Liberal Cape Breton—Canso, NS

There were changes made in Bill C-45 and Bill C-38 with regard to this. Is there a reason they weren't presented together or presented to Parliament as a package?

Fisheries and OceansAdjournment Proceedings

October 31st, 2012 / 7 p.m.


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NDP

François Choquette NDP Drummond, QC

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

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

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

Fisheries and OceansAdjournment Proceedings

October 31st, 2012 / 6:55 p.m.


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NDP

François Choquette NDP Drummond, QC

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

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

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

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

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

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

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

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

Peggy Nash NDP Parkdale—High Park, ON

I think that proposal's very reasonable, given that we just saw this motion now and saw the dates we had previously agreed to. We had other meetings scheduled for November 20 and 21. What happens with those? Do we continue with the meeting on the 20th? We don't know.

I also have a question about the timing of these committees wrapping up one day and then getting any report, recommendation, or amendments the very next day. If I remember, with Bill C-38, we were meeting very long hours as a finance committee, and some other committees were meeting simultaneously. Then we went immediately into clause-by-clause examination of the bill. Frankly, there was no time to get a report. There was no time to get any proposed recommendations. It was a very bad way to examine a bill.

Unless this is just window dressing, if we're going to go through the trouble of having these other committees examine the bill, then at a minimum we would want to get together with all the people from our team that have been part of these discussions and get their feedback and input. Frankly, with one day, we're not able to do that.

These are arguments I can make at the subcommittee. I don't think it's reasonable to throw this at us today. I have here the original schedule that we all agreed to; I don't think it's fair to throw that out the window without going back to the subcommittee.

Candice Bergen Conservative Portage—Lisgar, MB

Both G-21 and G-22 are grammatical amendments. For G-21, the policy of the clause is to have all subsections apply in the event that the former Bill C-38, the Jobs, Growth and Long-term Prosperity Act, receives royal assent. This has to do with clarifying that.

This clause indicates “Subsections (2) to (7) apply”, yet there's no subsection (7). It should be listed as (6) rather than (7), in both languages.

(Amendment agreed to [See Minutes of Proceedings])

Scott Brison Liberal Kings—Hants, NS

I understand Ms. Nash's point with regard to some parts of this motion being similar procedurally to those proposed for Bill C-38, but it's the parts that apply specifically to the division of Bill C-45 and some of the very specific divisions of the bill going to which committee and which sections. That's the part that can't obviously be identical to what was done in the previous bill, because it's a different bill. That's where, for this part, it would have been helpful if we had been provided with this motion prior to this meeting.

Jobs and Growth, 2012Government Orders

October 30th, 2012 / 5:10 p.m.


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NDP

Nycole Turmel NDP Hull—Aylmer, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

Jobs and Growth, 2012Government Orders

October 30th, 2012 / 3:45 p.m.


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Conservative

Jeff Watson Conservative Essex, ON

Mr. Speaker, I rise on a point of order.

I have been listening for the last few minutes. I think the member is debating Bill C-38 and not Bill C-45 at this particular moment. I would ask you to ask him to be relevant to Bill C-45.

Employment InsuranceStatements By Members

October 30th, 2012 / 2 p.m.


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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, the Bloc Québécois, along with thousands of other individuals, demonstrated last weekend in Thetford Mines, in front of the office of the Minister of Industry, the member for Mégantic—L'Érable, to condemn employment insurance reforms.

The government is ravaging the employment insurance system, and we must stand in solidarity with workers and the unemployed. This is not the government's money; this money belongs to workers and employers.

During this demonstration organized by Mouvement autonome et solidaire des sans-emploi, the participants condemned the passage of Bill C-38, which amended the employment insurance rules. These changes will affect not only workers—especially seasonal workers—but also employers, who could lose their experienced employees. These changes tighten the eligibility rules and force claimants to accept jobs further from home and at lower pay.

The government cannot ignore the thousands of people who spoke out not only in Thetford Mines, but also in the Gaspé and elsewhere. And this is only the beginning.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 1:55 p.m.


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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, I proudly rise today to oppose Bill C-45, a second act to implement certain provisions of the budget tabled in Parliament on March 29, 2012, and other measures.

We oppose budget 2012 and its implementation bill unless it is amended to focus on the priorities of Canadians: creating good quality jobs; protecting our environment; strengthening our health care system; protecting retirement security for all; and ensuring open and transparent government.

On March 29, the Minister of Finance presented Bill C-38, budget 2012, that recklessly cut services Canadians rely on, including old age security, health care transfers to the provinces and environmental assessment.

Despite the government's claims of job creation, it is also suggested that these cuts would lead to 19,200 job losses in the public sector.

The Parliamentary Budget Officer has estimated that the budget would cost 43,000 Canadians their jobs. Combined with the previous rounds of cuts, the PBO projects a total job loss of 102,000 jobs.

Not only did the budget gut services to Canadians, its omnibus nature was an attack on transparency and democracy. The Trojan Horse budget bill outraged Canadians from coast to coast to coast.

I personally received large numbers of emails from constituents of Scarborough—Rouge River who were angry about the undemocratic processes and the concealed method the government used to spend their tax dollars. By introducing yet another massive omnibus bill, the Conservative government continues to keep Canadians in the dark by ramming it through Parliament without allowing a transparent, open process of consultation.

By avoiding a thorough study of their second 400-plus page budget implementation bill and its implications, the Conservatives certainly have not learned their lesson. The official opposition, the New Democrats, will not let them quietly pass their new omnibus legislation. Canadians deserve better.

The massive omnibus bill makes amendments to a wide range of acts. Over 70 different pieces of legislation are being changed. It further erodes government transparency and accountability by dismantling a series of commissions and giving more power to the ministers, another recurring theme from the government.

Ironically titled the “jobs and growth act”, Bill C-45 completely lacks measures to create jobs and stimulate growth in the long term for Canadians. Actually, we are seeing more and more cuts to jobs. As I mentioned earlier, the Parliamentary Budget Officer has said that over 102,000 jobs will be lost because of this budget—

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 1:25 p.m.


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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, I rise in the House today to speak against yet another omnibus budget bill brought forth by the Conservative government, as with its spring's Trojan horse budget bill. New Democrats oppose Bill C-45 both on content and process grounds.

Bill C-45 is over 400 pages long and contains a huge number of disparate measures. Despite what the minister says, not all of these measures were in the 2012 budget.

Bill C-45 would amend over 60 laws and even contains a totally new law. With this bill, the government is pursuing the same agenda it put forward in its Trojan Horse budget bill: it is giving the minister more power and weakening environmental protection legislation.

Once again, the Conservatives are trying to rush their legislative measures through Parliament without giving Canadians and their MPs a chance to examine those measures closely.

Writing about the Trojan Horse budget bill, conservative commentator Andrew Coyne said that there was something quite alarming about Parliament being obliged to rubber-stamp the government's whole legislative agenda at one go.

Alarming is right. This bill is reprehensible, and the NDP will not support it.

The Conservatives continue to claim that their budget is about job creation. However, like Bill C-38, Bill C-45 is lacking in significant measures to create jobs and stimulate growth in the long term.

Contrary to what my colleagues across the way have just said, tax credits to small business are short term, small in size and will only be available to employers for the 2012 taxation year, meaning they will almost be over by the time Bill C-45 is passed.

The Canadian Centre for Policy Alternatives has stated, “In total, federal spending cuts could lead to the elimination of over 70,000 full-time equivalent positions”. These are both public and private sector losses. Therefore, where is the Canada-wide strategy to create good jobs, while 1.4 million Canadians are still unemployed? It is clear that the austerity plan of the Conservatives is not working. Instead it is a drag on our economy.

In fact, on the very day that this bill was released, the minister suggested a downgrade would be announced in the fall economic update, but despite the growing evidence that their plan is not working, the Conservatives are stubbornly refusing to change the course.

At a time when most Canadian businesses need to increase innovation and productivity to succeed in an increasingly competitive global economy, support to small business research and development, a driving force in innovation and productivity, has been cut.

In its prebudget consultation brief, BIOTECanada wrote:

Leading industrialized countries including Australia and France have recognized the spin-off benefits of investing in R&D tax credits and have recently made significant improvements to their respective programs. In order to ensure Canada retains a competitive edge in attracting foreign direct investment and growing domestic research and development capacity, the SR&ED program should be examined with an eye to ensuring that it remains a global leader.

Where is the minister's plan to make the SR&ED program a global leader? We are not seeing it.

At a time when countries around the world are recognizing that environmental sustainability and economic growth must go together, the Conservatives continue to barrel down the path of environmental deregulation without consultation.

In response to this spring's budget bill, Jessica Clogg of West Coast Environmental Law wrote:

By gutting Canada’s long-standing environmental laws, the budget bill gives big oil and gas companies what they've been asking for--fewer environmental safeguards so they can push through resource megaprojects with little regard to environmental damage...It is Canadians and our children who will pay the cost.

The Conservatives have clearly not learned their lesson on the environment and, instead, are further weakening our ability to protect the environment and ensure sustainable development for future generations. Bill C-45 completely guts the Navigable Waters Protection Act. Thousands of waterways will be left without protection, which will mean fewer environmental reviews by Transport Canada. In fact, Bill C-45 removes the words “water protection” from the name of the bill. It is now about “navigation protection”.

Eriel Deranger of the Athabasca Chipewyan First Nation has said:

This is unacceptable. They have made a unilateral decision to remove the protection of waterways without adequate consultation with First Nations and communities that rely on river systems for navigation and cultural practices protected under treaty.

Where is the plan to build a sustainable economy that will keep Canada competitive in the 21st century? This bill shows just how out of touch Conservatives are with the needs and goals of Canadians. Unfortunately for Canadians, the Conservatives want to convince us that massive omnibus budget bills and an increasing lack of consultation and decreasing government transparency are apparently the new normal.

I just returned from monitoring the elections in Ukraine. Ukrainians have faced numerous challenges and roadblocks when it comes to democracy and yet they keep fighting hard to exercise their democratic rights. In our country, we have a proud democratic tradition and yet we have a government that continues to undermine Parliament and the rights of Canadians with undemocratic bills. I find it particularly striking that I am standing in the House today debating an omnibus budget bill that continues on the disturbing Conservative trend of increasing the concentration of power and reducing government accountability.

Bill C-45 would eliminate a number of commissions, giving the ministers more power to make decisions without consultation or accountability.

Last spring, the NDP organized public consultations on the implementation of the Trojan Horse budget bill. During one of those consultations, Matthew Carroll of Leadnow said that Canadians want effective participatory democracy.

New Democrats will always be proud to stand up for transparency and accountability. They will always stand up for environmental protection. Canadians deserve a government that listens to the concerns of its people.

Last spring, the Conservatives used their Trojan Horse budget implementation bill to attack old age security, employment insurance and provincial health transfers. The Conservatives are transporting us back to the stone age in terms of environmental regulation.

This bill shows that the Conservatives did not listen to Canadians who were outraged by Bill C-38.

While Canadians want us to take action to protect our environment and grow a sustainable economy for the future, the Conservatives are focused on gutting environmental protection. While Canadians want increased transparency from their government, Conservatives are continuing to keep Canadians in the dark and make changes to laws without consultation.

New Democrats will oppose budget 2012 and its implementation bills unless amended to focus on the priorities of Canadians: creating good quality jobs, protecting our environment, strengthening our health care system, protecting retirement security for all and ensuring open and transparent government. Canadians deserve better.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 12:55 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is always a challenge to approach a bill of over 400 pages covering 40 different laws and have 10 minutes to try to make my way through it. I appreciate this chance to speak to the bill at second reading. I will of course be watching closely for work at committee and hope that some of the concerns I have about the bill now can be repaired at committee so that I will not have to put forward hundreds of amendments at report stage, which at this point appears likely.

The increasing use of omnibus bills is an affront to democracy. It is not appropriate and while other governments have perhaps trespassed close to the line before and created howls from the members of the opposition of the day, certainly the current Privy Council holds the Olympic world record for monster omnibus bills. No other government has come close.

Here I would like to commend all sides of the House for the fact we were able to split out and deal separately with MP pension reform. Many Canadians were happy to see that work. Perhaps we can do more by co-operating in the future to separate out pieces of bills that do not belong.

What things in this bill do not seem to belong at all in a proper budget bill? I will go quickly through some examples and then delve more deeply into two in particular. I do not think that removing the Hazardous Materials Information Review Commission properly belongs in an omnibus bill. Why are we getting rid of it? It helps provide critical information to business on hazardous materials.

I lament the current government's further deep cuts to research and development credits, specifically the scientific research and experimental development tax credit. If we look at our economy, it is quite true that we have weathered the economic storm better than most nations around the world. We have a better regulated banking system quite frankly, and the current government can take no credit for that. Nonetheless, we did weather the storm better.

Nonetheless, if we look at the indicators of where we are falling behind, one area is productivity and productivity, which relates to R and D. Cutting R and D does not make sense. I am concerned about significant cuts in this omnibus bill to research and experimental development tax credits.

The Windsor-Detroit bridge is highlighted in the bill and many people have waited a long time to see improvements there. We know we have some private sector opposition to it from the other side of the border. It is an extremely bad precedent that the act specifies there will be no environmental assessment and that the following acts will be exempt from the procedures for the Windsor-Detroit bridge: There will be no Fisheries Act review, no involvement of the Species at Risk Act and there will be nothing from the Navigable Waters Protection Act. This precedent, by the way, is opposed by the member of Parliament from Windsor, who himself is a great proponent of getting this project done.

The assumption implicit in discarding legislative review under those acts is that somehow those acts are irrelevant to any project the Conservatives really care about. I am afraid that is the truth about how the government operates, but that does not make it any less lamentable to find this in the legislation.

One piece that I want to take more time to delve into may surprise the House. The bill is supposed to be about jobs and growth. We hear about that all the time. In this connection, I would mention a key economic sector in Canada that we do not hear very much about: tourism. Tourism represents more of Canada's GDP than agriculture, forestry and fisheries combined. It employs nearly 600,000 Canadians, generating nearly $80 billion in economic activity. However, we are losing ground in tourism.

In the year 2002, Canada was rated seventh in the world as a tourist destination among all nations. Guess what? In 2011, we dropped to eighteenth place. We dropped from seventh to eighteenth in just in 9 years. What happened? For one, there are the policies of the current government. One of the first things the Prime Minister did once forming government was to remove the GST credit that foreign visitors used to get. That credit was basically a goodwill gesture. It cost this country almost nothing, because so few people applied for it. However, the Conservatives got rid of it.

Then of course there was the move by the United States to require visitors to Canada and visitors to the U.S. who travel across our borders to have passports. We cannot blame any government for what the United States decides to do, but I think we should have pushed more forcefully against it. That measure has hurt tourism a lot, just as the general climate after 9/11 hurt tourism from the United States. However, we hurt the tourism sector even more in Bill C-38 by changing the rules around seasonal workers to make it harder for seasonal workers to leave employment in an industry such as tourism and be considered reliably available to the employer when the tourist season begins again.

However, now we have this, found on page 270 in division 16 under “immigration and refugee protection”, a whole new regime for tourists. It is little mentioned in debate on the omnibus bill but is for travellers to Canada. Any foreign national coming to Canada would now have to clear an application process in which they would have to answer questions before they planned their vacation. It would create what they call “an electronic travel authorization”, although that is not the language of the act but the language of the technical briefing. In short, there would be an electronic travel authorization.

I have a couple of concerns about this. One is that it would hurt tourism. There is no question about that. When we put in place visa requirements for countries like Mexico and the old Soviet bloc nations, it had an effect on tourism, as anything would that creates a barrier in a competitive tourist market where tourists can decide whether they want to take the train across Canada or a tour down the Rhine by boat. They have choices. If one government says, “We'll see if we'll let you in, fill out this form”, tourists will choose to go somewhere else. This would be a terrible mistake. It would be part of our over-security conscious agenda, that even if people want to visit Canada as tourists, we have the right to put them on a no-fly list to prevent their coming here. I am very concerned about that.

I will turn to the most egregious elements of Bill C-45, the changes to the Navigable Waters Protection Act. I hear my friends on the other side of the House refer to the many complaints about the act because only seasonally navigable water falls under the act. Surely, if that were the nature of the problem, they could deal with it by using a fly swatter. They did not need to bring in the wrecking ball. If that is the problem, get out the fly swatter. What the Conservatives would do under Bill C-45 would be to take on, I think, in the order of 99.5% of all the bodies of water within Canada, excluding our oceans, and remove them from the Navigable Waters Protection Act. They say that the act was never intended to be about navigable waters, that it was only supposed to be about navigation.

Just to go back to some constitutional law for purposes of setting the context, we cannot say with any sense or meaning that this bill was only intended to do thus and such when a bill was passed in 1882 or since 1867, since navigation is a head of power for the federal government. They cannot say that in 1867 the legislators never intended it to apply to the environmental assessment of a massive hydro dam. Of course, they did not. Neither did they intend, as Professor Peter Hogg has pointed out, that undertakings connecting the provinces would include an interprovincial telephone system. It had not been invented yet. Moreover, as Professor Hogg pointed out in one of his constitutional law texts, “[I]t is well established that the general language used to describe the classes of subjects (or heads of power) is not frozen in the sense in which it would have been understood in 1867”. Then he goes on to say, “On the contrary, the words of the Act are to be given a "progressive interpretation", so that they are continuously adapted to new conditions and new ideas”. Or, as a member of the high court, Lord Sankey, ruled in 1930, “The British North America Act planted in Canada a living tree capable of growth and expansion within its natural limits”.

Therefore, it is entirely absurd to hear the government members continually tell us that the Fisheries Act was only supposed to be about fisheries for all time, not fish; and that the Navigable Waters Protection Act was never about waters, but only about navigation. That is bad in law, it is bad in theory and it is bad public policy. It is also false. These laws have been fundamental to environmental law in Canada.

However, I ask the question: If it is about navigation, why would the Conservatives take a wrecking ball to navigation? In the bill, they have protected lakes in precious cottage country, close to where people live, where they claim there are all the complaints, and eliminated the law for the vast tens of thousands or millions of hectares of Canada where the lakes are not cottage country. They would eliminate the protection on all but 62 rivers and 97 lakes. Who would step up to protect our rights of navigation?

Under constitutional law, no province is allowed to step up and fill the void when the federal government runs from its responsibilities under the Constitution. It is unprecedented in the history of Canada that the federal government would willingly and deliberately remove itself from a field in which it is empowered under our Constitution. It would leave no protection for navigation, no protection for recreational use, no protection for rafting or kayaking and, in the process, would eliminate environmental law for most of Canada's waters.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:10 a.m.


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NDP

Megan Leslie NDP Halifax, NS

Mr. Speaker, I, along with my NDP colleagues, oppose this monster budget bill. I oppose it on both content and process. First I will talk about the process.

The Conservatives talk about the unprecedented level of debate and hours of debate on this bill and the previous budget bill. Even the member for Crowfoot, who spoke before me, talked about unprecedented debate in the House. Let us review that to see if they are right.

Bill C-20, which was what the budget bill was called in 1991, was six pages long and between first and third reading in the House of Commons, there were 192 days of debate. In 1995, it was Bill C-76 and it was 48 pages long. There were 78 days of debate in the chamber. Bill C-32 in 2000 was 29 pages long, it went down a bit in size, and there were 60 days of debate. Bill C-33 in 2004 was 76 pages long and it received 79 days of debate in this chamber.

What happened this year? This spring the omnibus budget bill touched or outright repealed over 70 laws. A third of that budget bill was about gutting environmental legislation. Most pieces of the budget had not been debated in the House before and most of those pieces were not campaigned on.

I do not remember the Conservatives campaigning in the 2011 election saying that they were going to increase OAS eligibility from the age of 65 to 67. I do not remember them campaigning on the fact that they were going to diminish health care transfers. In fact, during that election, I was the health critic for the NDP and I remember the opposite. The Conservatives campaigned on maintaining and increasing health care transfers.

We also cannot find any of these pieces in Conservative Party policy. If we turn to its policy, we will not find the Conservatives saying that they believe they should raise the age that people can collect their OAS.

The member for Crowfoot said that we had this budget. that this stuff had existed for so long and we should have read it. I would love for any member on that side of the House to tell me anything, even one word, about what the changes were to the Assisted Human Reproduction Act in the last omnibus budget bill, never mind what that had to do with the budget. I think most Conservatives would be hard pressed to even repeat the phrase “assisted human reproduction”.

We had Bill C-38 in the spring that was 425 pages long and there were 54 days of debate. Here we are again this fall with the second omnibus budget, the son of omnibus. I do not know how long this debate will go, but the government has already moved time allocation. I cannot imagine it will be very long. I cannot imagine it will be the heady days of 1991 when there were 192 days of debate, I highly doubt that, and we have a bill that is over 440 pages long.

The length of debate is important. Maybe the Conservatives do not think it is important because they do not like to listen when the NDP brings forward reasonable ideas. They just want to sit with their eyes closed and their hands over their ears. However, the length of debate is important for democracy because it allows entry points for civil society to engage with the legislative process. Think about it. How does civil society actually engage with this process? People cannot come here to vote or give speeches in the House, but there are entry points for them. They write letters to their MPs. They write letters to the editor. They testify at committee. They come up with good ideas and send them to us via social media. They phone us and have meetings with us in our communities. They have brown bag luncheon seminars in their workplaces to talk about how this will impact them. Sometimes they even take to the streets. The length of debate allows that process, that moment for civil society to engage with the legislative process.

The NDP brought forward amendments to the bill at committee based on what the community and civil society had told us. The opposition brought forward over 800 amendments in the House based on what civil society said, but we had 54 days of debate where that entry point for civil society was eliminated because not one amendment was made. What is the result because the government did not listen? In this omnibus monster budget, there are amendments to amendments that were made in the last budget bill.

Can members imagine amendments to amendments in the same year, as if we needed more evidence that the Conservatives are bad managers?

The process is undemocratic. Bill C-45 is a massive omnibus budget bill that makes amendments to a wide range of acts. Once again, the Conservatives are trying to ram the legislation through Parliament without allowing Canadians and their MPs to thoroughly examine it. They need to remember that we are their members of Parliament. It is our job to look at the bill properly, make amendments and suggest ideas. New Democrats are proud to stand in the House and actually do their job.

I fear that I am quickly running out of time, and I wanted to share some words from Canadians. I know the Conservatives will not listen to the NDP, because they do not like reasonable, good, sound ideas, but maybe they will listen to Canadians.

I have some letters I received from constituents.

The first is from Rebekah Hutten, who wrote:

My name is Rebekah Hutten, and I am a university student deeply concerned about [the budget].

I am writing to let you know how disturbed I am by this furtive endeavour to use an omnibus budget bill to completely wipe out years of progress Canada has made on environmental protection.... For the sake of the environment, I implore you to demand the non-budget matters—all environmental changes—be removed from C-38 [the last budget bill] and put forward as stand-alone legislation.

We took that advice and tried to do that, but the Conservatives refused to listen. We are trying to do that with this budget bill as well. We will see if they come around to their senses.

I received another letter from Bill Davidson, who wrote:

I am one of your constituents in Halifax, and I wanted to write to you to express my displeasure, or rather horror, about bill C-38, the conservatives' omnibus “budget” bill. This is not a budget, it is one of the most anti-democratic pieces of legislation ever tabled in a Canadian parliament, complete with wholesale destruction of anything resembling environmental policy. It is anti-environment, anti-science, anti-common sense, and insulting to Canadians from coast to coast to coast.... Please [member of Parliament for Halifax], don't let these guys get away with this without putting up a fight.

Leagh and Diane Colins wrote:

Our fathers and grandfathers fought for Democracy—many giving the ultimate sacrifice of their lives against tyranny and government control. Censorship against free speech and the right to protest against that which we deem to be detrimental to our society is what they fought against. This current government disrespects their memory.

Our children and grandchildren will not have much of a world to grow up in when we allow the short-sighted goals of profit to overwhelm Canada's proud legacy of its environment and wildlife.

We most emphatically urge you to speak out against this bill and these measures to still the voice of opposition to environmental destruction.

In closing, I would like to seek unanimous consent to move the following motion: That notwithstanding any Standing Order or usual practice of the House, clauses 316 to 350 and Schedule 2 related to changes to the Navigable Waters Protection Act, and clauses 425 to 432 related to the changes to the Canadian Environmental Assessment Act, 2012 be removed from Bill C-45, a second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures and do compose Bill C-47; that Bill C-47 be entitled “an act to amend the Navigable Waters Protection Act and the Canadian Environmental Assessment Act, 2012”; that Bill C-47 be deemed read a first time and be printed; that the order for second reading of the said bill provide for referral to the Standing Committee on Environment and Sustainable Development; that Bill C-45 retain the status on the order paper it had prior to the adoption of this order; that Bill C-45 be reprinted as amended; and that the law clerk and parliamentary counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion to ensure that the bill is split for proper study at the correct committee, and specifically to ensure that the Navigable Waters Protection Act is reviewed at the environment committee, where it belongs, and which government websites would have supported until about seven days ago.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 10:55 a.m.


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Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, it is a real pleasure to be able to stand in the House today and to speak on behalf of my constituents in support of this budget bill. We are debating the implementation phase of our budget, our jobs, growth and long-term prosperity act. The good news is that this government is steadfast in our commitment to help create jobs for Canadians.

The other good news is that our plan is working. The plan is showing a great deal of success. September, last month, again showed strong job growth. We have heard it in the House before, that more than 820,000 new jobs have been created. Out of those 820,000 new jobs, 90% are full-time. All the time, we hear from the opposition that they are part-time jobs, but 90% of these jobs are full-time. Eighty per cent of the jobs are within the private sector. This is not a government that is saying we are going to create jobs by hiring more people for the public service, hiring more people so they can work for the government. This is the private sector people saying they believe that, as bad as this global downturn is, they have confidence that they can create jobs and build an economy here in Canada.

Jobs are what Canadians want. Canadians elected our government with a strong mandate to do what we can to help families grow and prosper. Canadian families know that when Mom or Dad or even some of the young people in that family have a job, everything is better at home.

Canadians also know that this global economy remains fragile. Especially when we look at the news and see what is going on in Europe with just one country after another in turmoil and also in our closest trading partner, the United States, Canadians realize that this is a global economy that is very fragile. We know our largest trading partners are having a difficult time, so that means Canada is not immune to the challenges coming from outside our borders.

That is why Canadians elected the Conservative Party of Canada and not the New Democratic Party or the Liberal Party. They know we had a plan that would work.

Our Conservative government is working hard to support local economies with positive pro-growth measures in this economic action plan 2012. It is not just talk. On this side of the House, we are offering the job-creating hiring credit for small businesses, among other measures. In my riding of Crowfoot, there are many small communities that are taking advantage of this, small communities where there are small and medium-sized businesses that can take a look at our plan. Even when I put out my householder with the tax guide for 2011, we talked about the job-hiring credit. Many people in my riding are picking up on this, and people are taking advantage of it in rural Canada as well.

Budget 2012 is full of measures not just for the big corporations and big business. It is full of measures for families and for small and medium-sized business. Our government is committed to increasing Canada's exports to the Asia Pacific. It is not all about only finding tax measures and hiring credits and measures for here at home; we are also recognizing that we need to look abroad. This is critical to industries in Canada to help create jobs and to level the playing field to allow Canadian companies to be competitive.

Canadians can clearly see that our government is promoting trade. However, every time we come forward with a new trade agreement or negotiations toward a new trade agreement, we know even before we table the thing that it will always be opposed by the official opposition. The New Democrats vote against it. That is another reason why Canadians gave this government a strong majority here in the House of Commons; they realize we have a proactive agenda for building trade and building our economy around the world.

In my riding, we need a government to help us export our products around the world. Our Minister of International Trade, our Minister of Agriculture and Agri-Food and our Prime Minister have done a remarkable job in this area. They are garnering markets for our products all around the world, not only agricultural products, not only in places like Jordan and others that are taking our pulse crops or Colombia and other places. Around the world, for many different sectors in our economy, our government is getting the job done.

Some 60% of the people in Canada's workforce do not have a pension. We have spoken of this before in the House of Commons. In my constituency, small businesses are having a hard time attracting people to work because some of the benefits of being able to buy into a pension plan are not available. Therefore, when our government comes with a pension plan, a smaller pension plan, small business appreciates it. It is very simple. When people go from one job to another, they can take their pension with them. It is a positive that a lot of people are looking forward to and are using.

We are doing other things. Pooled registered pension plans are working. There are a lot of other things in this budget that are good.

The House has been debating this bill for close to three months. We have talked about this budget for over three months. The finance committee created a special subcommittee, as per the request of the opposition. Together, these committees have held over 70 hours of meetings and have heard from over 100 witnesses who came in front of the committee to testify.

I really believe the finance committee chair is probably one of the hardest-working people in the House. That committee has had over 70 hours of meetings. I know our public safety committee is on its 55th meeting and we are busy. The finance committee has had 82 meetings. The finance chair is up and working before Uncle Charlie in Wainright is milking the cows, so the committee is getting the job done.

Bill C-38 has had more debate in the House than any other legislation over the last 20 years. The opposition tries to delay. It tries to implement and deny hard-working Canadians and taxpayers the benefits of the budget, which this implementation act would help implement. The opposition has always done that.

There is a lot more I could speak about in the implementation bill. I want to quickly move to some examples of things that are very positive in the bill.

The first is streamlining the process for the approval of energy projects. This is one of the things, over a period of time, to which our government has committed to ensure that our economy can grow, to ensure that if there is one project there is one review and to ensure that there will not be an endless degree of delay. All those things hinder our economy. We want to, in many different ways, move the economy forward. We want to, as I have already said, help Canadians find jobs. We want to remove redundant and extra layers of bureaucracy.

A press release was issued a number of months ago. In one case, the bureaucracy was diminished by the CFIA having a building and Agriculture Canada having a building a block away. In the CFIA building there was a whole section of IT, mail systems and computer systems and, again, a duplication of those services in the building just a block away.

We are able to combine streamline some of these things to reduce the number of bureaucrats and the levels of bureaucracy in Ottawa and around Canada, for example, taking the Department of Fisheries and Oceans out of the creeks and watersheds of the Prairies and focusing its work on fish habitats on our coastlines.

It is important to ensure that the fish stocks grow, but they will not grow in east central Alberta because there is a lack of lakes. However, we still have a lot of people who come and give their opinion on some of those issues of growth.

This summer I received an email from my daughter. After some time in education she received her nursing degree and was able to get a job. This is the email she sent me after receiving her first paycheque, “Okay, Dad, something needs to change. I made $4,158 this month and only take home $2,842. Do something, this is so stupid”.

I told her the opposition, according to the Broadbent Institution, believed that she was not spending enough on her taxes, that it wanted to see higher taxes. We are committed to seeing this economy grow and we are committed to lowering taxes.