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.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 9:30 p.m.


See context

Calgary Centre-North Alberta

Conservative

Michelle Rempel ConservativeParliamentary Secretary to the Minister of the Environment

Madam Speaker, on Sunday we celebrated Father's Day in Canada and other parts of the world. It gave me an opportunity to reflect on some of the teachings I was raised on. I really thank my dad, my stepdad and other people who have acted as father figures, someone who is sitting in the Senate gallery today, for their wisdom.

I was talking on the phone with someone about the principle of balancing the books in a household. Something that was instilled in me at a young age was that the principle of balancing books means that one can either spend less money or make more money. This is a challenge that Canadians face every day, how to balance their books. It was an interesting conversation, because we were speaking about how this affects my life as a legislator. Bill C-38 has this embedded in it as a fundamental principle.

Government has a role in managing programs, laws, services and public goods that underpin the competitive advantage our country enjoys internationally, programs such as employment insurance, our health care system, ensuring our streets are safe. Government has a role in all of these things. We provide them to Canadians. These programs also ensure that we have a healthy, productive and vibrant population and subsequent workforce. Those who are able can contribute to our society, and those who are not able are cared for and whenever possible are assisted in finding opportunities to succeed.

These practices are valued by Canadians, and yet, as in anything that has a value, they come with a cost. Programs are funded by taxes, royalties and levies on Canadians, be it individuals or job-creating companies. This means these individuals and entities lose access to these funds and subsequently will change their spending habits, be it for the consumption of goods, saving funds, hiring of employees, investment endeavours, and the list goes on.

Therein lies the rub. Government programs and services play an integral role in our society, and yet they come at a cost. I would hope that all of my colleagues would agree that achieving a balance in this regard is part of the responsibility we are charged with as legislators.

Embedded in this duty is the duty to review the efficacy and delivery of the programs and services, laws and regulations that we manage to ensure they are doing what they are intended to do, to improve on them whenever possible, and to ensure we are being wise stewards of taxpayer dollars.

These are important principles to remember as we watch what is happening in parts of the eurozone. In Greece, we see a country that has borrowed to the brink. Its economy is stalled, and the sustainability of the social programs it provides and which I talked about earlier is in question.

That is why our government has introduced Bill C-38. It is to ensure the long-term prosperity of our country in light of global economic fragility. It is the message that our country is taking to the G20 summit that is happening this week, the need to work toward balanced budgets around the globe while putting forward policies that encourage economic growth, so that populations can ensure they see that prosperity and sustainability of programming which underpins the fabric of our societies.

I talked about the need to ensure there is balance in spending and program delivery.

Since 2006, our government has reduced the tax burden on families. The average family of four pays $3,000 less in taxes. I know that $3,000 makes a lot of difference to the average Canadian family of four, and Canadians have recognized that.

We ensure that job creators operate in a competitive tax regime. People want to invest in our country. We are seeing job creation here. Over 760,000 net new jobs have been created since the economic downturn in 2009. It is also why we have introduced the responsible resource development aspects of Bill C-38, which I want to speak to tonight.

I was speaking with my colleague, the Parliamentary Secretary to the Minister of Transport. He gave a speech recently in which he noted that two of the biggest shareholders in Canadian Natural Resources Limited, the country's largest independent oil producer, are the Quebec pension plan and the Canada pension plan, with $576 million and $165 million invested respectively. There is clearly an interplay between the companies that are undertaking natural resource development projects and energy projects with other fabrics of our society.

In fact, I believe $2.1 trillion is what the oil sands is expected to drive for economic growth in our country over the next 25 years. We talk about long-term sustainability for funding our social programs. The sum of $766 billion is what the oil sands industry alone is estimated will pay in provincial and federal taxes and provincial royalties over the next 25 years. There is no denying that we need to ensure that for the long-term prosperity and growth of our country we recognize that the resource sector is important to Canada's economy.

The measures that are included in part 3 of Bill C-38 are not designed to weaken environmental protection. We still have robust environmental assessments embedded in the country's laws and regulations. We have recognized the fundamental principle of window to market, the concept by which we assess whether or not a project is viable is recognized in our regulatory process. That is why we have inserted predictability and timeliness in the review process.

I was at the subcommittee that reviewed Bill C-38, as well as the Standing Committee on Environment and Sustainable Development, where we reviewed the Canadian Environmental Assessment Act. Absolutely, the need to protect Canada's environment came up over and over again. Certainly, I do not think there is anyone on the government side who would refute that point. However, we need to ensure that we have predictability and timeliness so that when projects are environmentally sustainable according to our laws and they meet those criteria, they can go forward. We as regulators are achieving that balance. We are talking about creating more revenue for the funding of our social programs, creating more jobs for people to enjoy the good standard of living that we have in Canada.

We have heard a lot about the environmental components of the bill and it behooves the House to listen to some of the measures that actually strengthen environmental protection in the bill. At the subcommittee, the environment commissioner noted that something like 99.4% of the environmental assessments that are currently undertaken by our government through the Canadian Environmental Assessment Agency, have “little to no environmental impact”. One of the examples that was given was a park bench being added in a national park.

We also asked him if he felt that if the resources that were being allocated to the review of these projects were allocated to larger projects with significant environmental impact would be a better use of taxpayer funds. He said yes. The Canadian Environmental Assessment Agency agrees with this as well. That is a component we are using to strengthen environmental protection.

Another thing is that for the first time people who break the terms of their environmental assessment would be faced with stiff monetary penalties. Penalties could range from $100,000 to $400,000. This is a new measure in Bill C-38.

We require follow-up programs after all environmental assessments to verify the accuracy of predictions regarding potential environmental effects and to determine if mitigation measures are working as intended. Again, this is strengthening environmental protection. For the first time, we would provide federal inspectors with authority to examine whether or not conditions set out in environmental assessment decisions are met. I could go on and on.

The opposition is not talking about these things. We are trying to create balance between environmental stewardship and economic growth.

A lot has been said about the consultation process around the bill. As a member of the subcommittee that reviewed part 3, I would like to read a list of those who participated in the consultation process through the subcommittee: Canadian Environmental Assessment Agency, Department of Fisheries and Oceans, Department of Indian Affairs and Northern Development, Department of Natural Resources, Department of Environment, Department of Transport, Building and Construction Trades Department, Canadian Association of Petroleum Producers, Canadian Construction Association, Canadian Manufacturers and Exporters, Canadian Nuclear Association, Federation of Ontario Cottagers Association, Mining Association of Canada, Ontario Commercial Fisheries Association, Saskatchewan Association of Rural Municipalities, Assembly of First Nations, British Columbia Coast Pilots Ltd., Canadian Federation of Agriculture, Ecojustice, First Nations Tax Commission, Office of the Auditor General of Canada, Ontario Federation of Anglers and Hunters, Pacific Pilotage Authority Canada, Canadian Hydropower Association, and as an individual, Tom Siddon.

I am getting the signal that my time is expiring.

The point to be made is that we have talked to Canadians. Canadians understand that we need long-term growth and prosperity in this country, and that is what Bill C-38 seeks to deliver.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 9:30 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I also want to congratulate my colleague from Jonquière—Alma on his presentation.

He has identified a serious problem with Bill C-38. In the House of Commons, we have employees who are unemployed almost all summer. They are long-standing employees who have worked here for 10 or 11 years. For instance, there is the group of servers in the restaurants or the House of Commons bus drivers. In the summer, they are not paid, but in September they get their jobs back. That is how the House of Commons system works. The same applies to people in the tourist regions, the fisheries and forestry.

I will ask my question in English.

I know what happens to people who are in the seasonal industries. If we tell them they have to find another job somewhere for two months, three months, four months, it is unfair to the employers who hire them. Are employers going to hire and train people, knowing they will be gone in two months for the job that is waiting for them back here at the House of Commons?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 9:15 p.m.


See context

NDP

Claude Patry NDP Jonquière—Alma, QC

Madam Speaker, what are we about to sacrifice in the name of this so-called economic prosperity?

It is important to point out that this omnibus bill is more than a budget implementation bill. The Conservatives are trying to impose measures that were never previously announced, without allowing Canadians and their MPs an opportunity to study them carefully.

First of all, let me just say that, after one year, we are beginning to see the Conservatives' true colours. Bill C-38 clearly demonstrates the arrogance and irresponsibility of this government, which seems to think anything goes.

The Conservatives pass themselves off as experts at good governance, but in fact, they are going to make workers, families and seniors pay the price.

It is becoming increasingly difficult for Canadians to believe the Conservatives when they talk about economic prosperity, because so far, only the Conservatives' friends and cronies seem to be benefiting from their measures.

When the Parliamentary Budget Officer worries about the lack of transparency and the culture of secrecy, I worry about the interests of ordinary Canadians. This omnibus bill needs to be studied carefully and presented to Canadians for what it is: a partisan bill that defies common sense.

I was always under the impression that the government should build and improve society for the common good and for the general public, but with Bill C-38, the exact opposite is happening. The Conservatives are destroying, degrading and vandalizing what Canadian parliamentarians have spent years building. The rights of workers, environmental protection and Canadians' health are simply not enough for them.

Why is one-third of Bill C-38 devoted to environmental deregulation?

Is it so hard to add ecology to a Conservative budget? It is simply irresponsible and undemocratic.

Is this really what Canadians voted for? I do not think so.

Unfortunately, to the Conservatives, a majority mandate means they can do whatever they want, even if it is illogical or harmful. This is a very clear attempt to quickly pass new legislation without having a parliamentary debate.

This budget will cause some very tangible harm. For example, as far as old age security is concerned, increasing the retirement age from 65 to 67 is unacceptable and does not make any sense. Just because life expectancy is increasing significantly does not mean that working conditions will get easier. Even though a number of experts, including the Parliamentary Budget Officer, have confirmed that the old age security program is viable, the Conservatives insist on balancing their budget at the expense of our seniors. It is shameful.

Bill C-38 also changes the Employment Equity Act so that it no longer applies to federal contracts. That is a direct attack on women, aboriginal people and visible minorities. In fact, it was recommended 10 years ago that the employment equity provisions for the federal contractors program be strengthened. This government is weakening those provisions and, as usual, it makes no sense.

In the Conservatives' world, logic no longer applies. They are in an ideological world, where they are becoming increasingly out of touch with Canadians.

When he appeared before the House of Commons Standing Committee on Finance on April 26, the Parliamentary Budget Officer confirmed that the Conservatives' austerity budget would lead to the loss of 43,000 jobs and slow down Canada's economic recovery. He confirmed that the combination of this budget and the previous cuts would result in the loss of more than 100,000 jobs. The Parliamentary Budget Officer's figures show that this budget will cause the Canadian economy to backslide.

It is important to speak out against the changes made to unemployment insurance. We must remember that the federal government has not contributed a single penny to the fund since 1990.

Its reforms are based on prejudice against the unemployed, and those mainly affected, the workers, were not consulted even though employees and employers fund the program.

One of the most fundamental changes will hit workers with precarious employment very hard. The government is again targeting “frequent” claimants, people who have made three claims and collected more than 60 weeks of benefits in the past five years. It will require these people to accept any job starting in the seventh week of unemployment, with a salary equal to 70% of the salary of their previous job. This measure targets seasonal workers who rely on EI year after year.

The Conservatives are also planning to make other changes that will penalize claimants in remote areas in particular, while making legal procedures for challenging an unfavourable decision more cumbersome. Unions believe that abolishing boards of referees, umpires and appeal mechanisms restricts access to justice.

The changes proposed by the Conservatives threaten regional economies, especially where there is a lot of seasonal work and people make their living from the fishery, forestry, tourism and agriculture.

Moreover, there is no question that these changes will put downward pressure on salaries. What a nice way to bring prosperity to our economy and our country!

The Conservatives' approach is counterproductive. Instead of focusing on creating wealth by providing better support for quality jobs, including in the manufacturing sector, the Conservatives are going after the unemployed and society as a whole by forcing them to accept jobs where their skills will not be put to contribution.

Bill C-38 even repeals the Fair Wages and Hours of Labour Act, which was created in the 1930s to set minimum standards for wages and hours of labour for construction workers engaged in projects funded by the federal government. In practice, removing these minimum standards will allow employers to undercut wage rates set by unions. This shows the scope of the legislation.

Last fall, we brought forward a motion calling on the government to take immediate action to create economic growth and jobs. The Conservatives supported our motion, but the budget does just the opposite. It cuts essential services and it weakens environmental regulations.

As regards old age security, the government has once again surpassed itself, although not in the positive sense of the word. The Conservatives never mentioned that they were going to cut old age security and the guaranteed income supplement, and certainly not during the election campaign. We have known for a long time that costs would increase. Therefore, the Conservatives cannot claim that this was not expected during the 2011 election campaign.

In 2010, the Standing Committee on Finance examined the Canadian retirement security system. None of the recommendations—not even those of the Conservatives—suggested that old age security and the guaranteed income supplement were not sustainable, or that the age of eligibility should be increased.

During the 2011 election campaign, the Conservatives even said they would not reduce transfer payments to individuals or provinces for basic needs such as health, education and pensions. This is some lack of respect for democracy! Not only did the Conservatives hide their agenda, they also misled Canadians by saying repeatedly that they would not cut pensions.

Then they came along with irresponsible and ideological choices that do not reflect the values of most Canadians: major cuts to environmental protection, food safety, old age security and employment insurance, among other things.

The Conservatives have no problem with their ministers spending thousands of dollars of taxpayers' money to take limousine and helicopter rides, but they have no scruples about cutting measures that keep Canadians safe and protect our most vulnerable citizens.

There is so much secrecy in Bill C-38 that it is unacceptable for it to be passed as is in the House. The government should come clean and redo its homework to protect the best interests of Canadians.

I would like to come back to old age pensions. I used to work in a factory where we were familiar with occupational illnesses. It is true that great strides have been made in factories, but the work is still extremely hard. People back home are known for suffering from bladder cancer, lung cancer, industrial deafness and all kinds of things. So how can the government force factory or mine workers to return to work at the age of 60, 62 or 63? What will the Conservatives do with these people?

I would like to talk more about seasonal workers. Here is a solution for the Conservatives. In Tadoussac, when the whale-watching season is over and tourism is done, they could shut down the town and transfer workers to La Romaine to work on the hydro dams. That makes no sense. These are seasonal workers. They make their living off of fishing, tourism and whale-watching. There is no work for them in the winter. The Conservative government did not take that into account.

The employment insurance situation is even worse. The government is creating three classes of unemployed workers, three kinds of people to justify that approach. There will be short-term recipients who collect employment insurance occasionally; others, less fortunate, who find themselves out of a job more often; and yet others who collect employment insurance regularly and will have no choice but to accept lower-paying jobs. Moreover, these people will not be working in their chosen field. It will not be fulfilling for them.

People can accuse the NDP of anything they want, of wrecking one thing or standing up for another, but there are some things we do not understand. Yes, the Conservatives have to make changes; yes, there will have to be cuts. Cuts must be made, but the Conservative government is not cutting in the right places. Cutting health care and seniors' benefits and forcing people to take lower-paying jobs will not contribute to the nation's progress.

Anyway, I have been here for a year now. I have always believed that we should be working for the good of communities, workers and Canadians, but that is not the sense I get here. I get the sense that the government holds workers in contempt. As I have said here in the House, workers pay taxes, and they are the reason that we are here to participate in these debates and get to the bottom of things.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 9:10 p.m.


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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Madam Speaker, I thank my colleague for her question.

As she explained so eloquently, her work also brought her into close contact with the community. Anyone working with the community and talking to people knows that this will have a serious impact. That is why I thought the story was so important to tell. As she said, we have to put a human face on the work we do here. Bill C-38 does not have a human face.

We often think of those who feel disconnected from the political process because of what the government has done. It is important to talk with people.

Earlier, my colleague from Longueuil—Pierre-Boucher asked a member opposite a question about whether he not only heard, but also listened. The member opposite seemed to find the question insulting, but that is how things are. People learn that lesson when they are very young. We cannot just hear people.The point of consultations is not—

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 9 p.m.


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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Madam Speaker, when I found out I was going to have an opportunity to speak to Bill C-38, I re-read an almost endless number of emails and letters I received at my office in which people spoke out against the bill.

Obviously, as a member of Parliament, delivering a speech before the House is the best way to represent the support or criticism—in this case the criticism—of the people of Chambly—Borduas. Unfortunately, with all the dissatisfaction of my constituents over this bill and all the measures in this Trojan Horse bill, I have decided to take a different approach to describing how it will affect my riding.

Madam Speaker, if I may, I will relay an anecdote. On the weekend, on Saturday, I took part in an activity that gave me the opportunity to travel down the Richelieu River, which splits my riding in two. It is the heart of my riding. In travelling down the river, I truly saw to what extent Bill C-38 would harm my community. The point of departure was Chambly. Our canoes had not even touched the water and I could already see that my riding would be adversely affected in a number of ways.

I asked the Parliamentary Secretary to the Minister of Finance a question last week, but unfortunately she did not give a satisfactory answer in her speech.

This bill will initially affect the tourism sector. As I have said many times in this House, I was pleased to learn in committee that Fort Chambly is one of the most popular Parks Canada sites in Quebec. Unfortunately, its operations will be reduced because of the cuts to Parks Canada. That is interesting because it is a very important site that commemorates the War of 1812. Colonel Salaberry, one of the greatest heroes of the wars, was from Chambly, Quebec. A statue of Colonel Salaberry is located in front of the town hall and a street has been named after him. And yet, the hours of operation at this heritage site will be reduced.

I am just at the beginning of my story, and I have already pointed out very significant repercussions. Obviously, this will have a negative effect on all businesses in the region, such as restaurants and local organizations. All these places, all these people and the services they provide to the community will be adversely affected by these cuts.

We could talk about the Festival Bières et Saveurs, which is held at Fort Chambly, and which allows people to visit the fort at the same time. Parks Canada officials have told me that these cuts will first affect events held in the fall. That is a very significant repercussion.

We then got into our canoes and passed by two very large signs that said “Caution: pipeline”—the Montreal-Portland pipeline to be exact. My predecessor said that there will be a number of problems with this pipeline because the flow of oil is going to be reversed. The infrastructure is 60 years old, and the integrity of the structure could be affected, which would cause a disaster. This pipeline runs under the river; we canoed over it. When we think about the heritage value of this river and its economic and environmental value, we come to realize just how devastating the repercussions could be.

You will surely ask me what the connection is between a 60-year-old pipeline and Bill C-38. It is not complicated: it shows how important it is to have operational, adequate, in-depth environmental assessment structures to ensure that we will never have such a situation again, where the infrastructure is unable to contain an oil spill under a river. We all agree that environmental regulations are not the same as they were 60 years ago. The reason regulations were improved was to ensure that these problems would not occur again.

Representing a community that faces such a problem, I realize the importance of these procedures and I realize that destroying and removing all these measures in order to expedite a process would have negative repercussions. We cannot hurry environmental protection, because it will have repercussions for many generations. We have seen this at home in my riding for 60 years. This is not a new pipeline, like that proposed by Enbridge; this is a 60-year-old pipeline. That is almost a lifetime.

We continued our canoe trip and stopped to attend a first nations ceremony. I should mention that this Festival des voitures d'eau was organized to celebrate the Iroquois's journey with Samuel de Champlain from Lake Champlain to Quebec City. In making this journey to celebrate this heritage, we participated in prayers with the first nations peoples, people from the Maison amérindienne in Mont-Saint-Hilaire in my riding.

During these prayers, as my colleague from Churchill and a number of other colleagues pointed out, I realized the negative impact that this will have on our aboriginal communities because of the lax environmental procedures that will result from the proposed changes in Bill C-38, or because of various funding shortfalls and cuts to social services and health services. My colleague next to me is our health critic for aboriginal communities. Services will be affected, but that is not all.

When other cuts are made, it puts more pressure on the provincial governments that might want to help their aboriginal communities, but will be less and less able to do so. In praying with these communities, I realized more and more the impact this will have on the communities.

Let us continue on our journey and pay a visit to the Résidences Richeloises in the municipality of McMasterville in my riding. Last August, I had the pleasure of celebrating the sun festival with the residents there, who are seniors. I could not help but think of how this will affect them. They told me how proud they were of us, and of our new leader, the member for Outremont, but also of Mr. Layton. Why were they so proud of him? Because he talked about our seniors' dignity, which was improved by this celebration and this residence. Unfortunately, their dignity is not being improved at all by the cuts and measures proposed in Bill C-38.

I thought of these people and of the fact that they asked us to fiercely protect their dignity and their rights. As a little aside, that is why it does not bother me in the least when members opposite, the government members, talk about how we tried to stop this bill, to prevent this undemocratic act, and to allow real debate by separating this bill into the various pieces of legislation that it should have been in the first place. Clearly, these measures should have been introduced in several bills, rather than a single budget implementation bill.

Last week, when we rose almost 160 times in this House, I was not at all uncomfortable that we had launched this process and that we were fighting in this manner. Indeed, I knew that the people I met last summer would be pleased, because this is how we defend their dignity.

So we continue our canoe trip on the river. We finally arrive at our destination. I thought once again about the environment as we reached Pointe-Valaine, which is a woodlot in the town of Otterburn Park that people are fighting for. We could raise the same issues that I already raised regarding the protection of our environment.

On my way back home, I also went by several businesses that provide seasonal work. The workers and owners of these businesses came to see us in our office to explain the impact of all that. I find it very interesting and I will conclude on that note. Obviously I would not have had time to go through all the emails I received, since I do not even have time to finish my story.

These people came to see us, which proves, contrary to what the government claims, that it is not just citizens and workers who are affected. It is also employers, people who help, through team work with employees, to improve our economy, our heritage and our environment. They work to create beauty in the region that I am so proud to represent.

That is why I oppose Bill C-38, why we will continue to do so, and why I am proud of the actions that we have taken so far as the official opposition.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 8:55 p.m.


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Liberal

Lawrence MacAulay Liberal Cardigan, PE

Mr. Speaker, I will advise my hon. colleague that I will not be supporting Bill C-38. Liberals have a great concern about what is taking place. For example, Bill C-38 would tear the EI program to pieces. A lot of people would have to work for 70% of their salaries. It would make changes to the Fisheries Act. Over the years, when there were changes to the Fisheries Act, it was always felt that members had to go from coast to coast to talk to fisheries groups in order to find out what they felt should be changed in the Fisheries Act.

I wonder if my hon. colleague would comment on why there was no consultation on the east coast or the west coast of people who are involved with the fishery and the EI program. Why did the government unilaterally decide on what was going to take place? Does my hon. colleague realize the enormous hardship that it is going to create among people?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 8:45 p.m.


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Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, I want to thank the member for Fort McMurray—Athabasca for sharing his time with me today. I look forward to visiting his riding this summer, and seeing the resource development of the oil sands and the great things that are happening in Fort McMurray—Athabasca.

It is a pleasure to rise and speak at third reading in favour of Bill C-38, jobs, growth and long-term prosperity act, and the many economic action plan 2012 initiatives that it enacts.

In particular I want to highlight how today's bill reduces pointless bureaucratic red tape to help jump-start Canada's economy. I should note that the measures I will speak to today flow from the work of the Red Tape Reduction Commission.

For over five decades, the Food and Drugs Act has served to protect the health and safety of Canadians by providing them with one of the safest and most rigorous food and drug regulation systems in the world. It has served us well, and continues to serve us well. However, it is reasonable that in over 50 years certain aspects of that act may need to be updated from time to time, especially those that do nothing but harm Canada's economy.

Before I begin, let me clearly state that the changes to the Food and Drugs Act proposed in Bill C-38 do not change the scientific assessment process in any way. I repeat, we are maintaining the current high standards of the act.

What we are targeting is the pointless, antiquated and often times bizarre red tape that presented itself after the scientific assessments were completed, red tape that increased the regulatory burden and creating lengthy delays for businesses to get approved food and drug products to consumers.

At present, once a scientific assessment is completed and a food safety decision is made by the experts at Health Canada, be it concerning the safety of a new food additive, setting the limit for a chemical contaminant or approving a new health claim for food, it can take years to circumvent the red tape required to implement that decision. These delays, between decision and implementation, can impede the entry of safe new food products to the marketplace. This disadvantages Canadian businesses and workers by harming the food and consumer manufacturing sector of the Canadian economy that employs 300,000 Canadians, the largest employer in the manufacturing sector in every region of our country.

It can also limit Health Canada's ability to protect the health and safety of Canadians. For example, under the current system, Health Canada determined that a food additive used to combat harmful bacteria in certain processed meats was safe, but it took 36 months for the required regulatory change to enable the use of this product in Canada.

The targeted amendments to the Food and Drugs Act would eliminate these types of delays. They would improve Health Canada's ability to protect the health and safety of Canadians while cutting red tape. More specifically, these amendments include new authorities that would shorten the time it takes for safe food products to be put on the Canadian market.

Streamlining the regulatory process would significantly reduce the approval time for food additives. These new regulatory tools are marketing authorizations and incorporation by reference. I should note that these amendments have received widespread support.

Food and Consumer Products of Canada has voiced its strong support, saying:

This legislation will give Canadians access to the new and innovative products they are demanding, protect product safety and help our manufacturing sector grow.... We strongly support the federal government's move to address these regulatory delays. [This] will bring Canadians more of the products they have been asking for, support innovation and jobs in our sector, and uphold Canada's exemplary safety standards.

The Retail Council of Canada has also added its voice of support, saying:

These amendments will reduce delays and red tape while maintaining the highest level of food safety in Canada...

...in the past, Health Canada would have to seek a regulatory amendment each time a new use was requested for a food additive that the department had already deemed to be safe; this process could take years. Now, the same process will take a matter of just a few months allowing industry to keep pace with growing and changing demands from consumers...

They also demonstrate the government's ongoing commitment to do away with red tape.

The Western Canadian Wheat Growers Association has also noted that the changes “support efforts to reduce regulation and simplify the process by which new products can come to market”.

Bill C-38 also proposes amendments to reduce the regulatory burden associated with managing Canadians' access to safe, approved drugs. These changes would give Canadians a more responsive drug safety system. As the Red Tape Reduction Commission reported, the current process is burdensome.

Let me take a minute to illustrate exactly what these amendments would and would not do. Currently, for instance, once Health Canada scientists make a decision, the process used to make a simple regulatory change to remove a drug from Schedule F of the Food and Drug Regulations can take years. Implementing a decision to change a drug status from prescription to over-the-counter can be delayed by as much as 24 months after the scientific review. What does this delay between decision and implementation mean? It means a great deal to Canadians and their health care system. Delaying timely access to effective and affordable treatments costs the health care system money. It also costs Canadians.

Under the current system, they must continue to take time off work, go see their doctors, get written prescriptions and then fill them at the pharmacy long after Health Canada's scientists have determined that a particular drug is safe and effective for over-the-counter use. I should note that the science used to assign prescription status would not change at all. As is the case today, the scientific criteria, together with the new process for making changes to the web-based list, would continue to be regulated.

Without a doubt, this portion of Bill C-38 would help replace costly and outdated red tape around drug prescription status. In the words of Consumer Health Products Canada:

Without changing the scientific review process, this measure will eliminate the 12-18 month regulatory delay that currently holds up access to new over-the-counter medicines after Health Canada approval. These consumer health products reduce consumer costs and have been shown to save provincial health care systems money...and this measure will quicken access to those savings.

In conclusion, I would like to encourage all members of the House to support Bill C-38 and its measures to reduce red tape and grow the economy while advantaging Canadian consumers.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 8:40 p.m.


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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Mr. Speaker, did I really listen to them? That is a bit insulting.

I am trained to listen and to speak, but clearly I am not trained to speak as the NDP member opposite is. I heard those members speak for years about infrastructure investments and when they had the opportunity to vote for them, they voted against them. They voted against the bridges in Quebec and the bridges and roads across the country. They voted against water and sewer infrastructure. I assure the member that I listened to the committee members and to the witnesses who came forward, and not just the witnesses whom this member heard from. We heard from hundreds, including witnesses from aboriginal bands and environmental consultations.

I have been here for eight years now. It is not a very long time, but I have been on the environment committee. I have been the parliamentary secretary for infrastructure and transportation when that member's party voted against all those infrastructure investments. I have heard clearly from many witnesses over the years and I assure that member that all the proposed changes in Bill C-38 would be excellent for the country, today and tomorrow.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 8:40 p.m.


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NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, the New Democratic Party organized extensive consultations on Bill C-38. I heard a lot of concerns about this legislation. I myself just used the term “heard” when I should have said “listened”.

The member said he heard a number of witnesses, but did he really listen to them?

The House resumed consideration of the motion that Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the third time and passed.

Business of the HouseGovernment Orders

June 18th, 2012 / 8:40 p.m.


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Carleton—Mississippi Mills Ontario

Conservative

Gordon O'Connor ConservativeMinister of State and Chief Government Whip

Mr. Speaker, there have been discussions among the parties for the following motion. I move:

That, notwithstanding any Standing or Special Order, or usual practice of the House, when the proceedings are interrupted later this day, pursuant to the order made Tuesday, June 12, 2012, under the provisions of Standing Order 78(3), with respect to the third reading stage of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures:

(a) all questions necessary to dispose of third reading stage of the said bill shall be deemed put and a recorded division shall be deemed requested;

(b) the bells to call in the members shall ring for not longer than 30 minutes;

(c) following the disposal of Bill C-38, the House shall then proceed immediately to the taking of the deferred recorded divisions respecting the third reading stage of Bill C-11, An Act to amend the Copyright Act, and the motion to concur in the third report of the Standing Committee on Government Operations and Estimates; and

(d) after the taking of the recorded divisions provided for in this order, the House shall stand adjourned to the next sitting day.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 8:35 p.m.


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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Mr. Speaker, like all things in life, we follow instructions, and that is what I did.

I am very happy with what this government has brought in as far as employment insurance program initiatives, and I will leave it for the general public to understand that. People can visit the website of the federal government to understand specifically what is happening. There are some great initiatives, and I hope to see more in the future.

Because I do not have a lot of time left, I want to talk specifically about what took place when we passed this budget through committee. Many people have talked about how we are ramrodding it through and how we have done many things that have not been done before. The truth is that omnibus bills are nothing new. They have been done by many previous governments, and I am sure they will continue to be done by many governments in the future, notwithstanding what political stripe they may be.

I want to talk about public consultation. I sat on the finance committee and I even sat on the subcommittee for finance sometimes when I was still awake, and I say that with no jest. Many times we sat into the night, eight o'clock, nine o'clock, and with the subcommittee up until midnight and 1:30 in the morning one particular day.

We heard from many witnesses. In fact, during the period of time we studied this, we heard 70 hours of testimony. That may not seem very important when we consider the work week, but when we consider all the other things MPs do, 70 hours of study, especially considering that most hours of study for me, when I go into an hour of committee time, I take an hour or two hours outside of committee to study and prepare for that period of time, the 70 hours can easily be 150 to 200 hours for any member of Parliament.

We did that in particular in relation to Bill C-38 to ensure that Canada's economy was strong, but we also listened to opposition parties and heard testimony from many individuals across the regime, including government officials. These government officials have been working, contrary to what the opposition says, on these files, these issues and these items for many years. In fact, as a parliamentary secretary involved in some aspects of it, these people were more up-to-date in relation to policy of governments than I will ever be and certainly provided a lot of opportunity. Therefore, I can assure members that they dealt with and understood those issues long before any of us came to this place.

We also heard from industry associations. I know we heard from them, because I heard from many of them. They called for the same things. They said, “Let us have some changes”.

The Canadian Federation of Independent Businesses, of which I have been a member through my businesses in the past, do a great job. I continue to get the surveys and the input from their members and write those members back to confirm what we do as a government. It said, “With respect to employment insurance, 22% of our members told us they feel they're competing against EI for workers”. They are competing against an insurance program for jobs. It does not really make a lot of sense. It goes on to say, “and 16% of our members said they have been asked by employees to lay them off so they can collect employment insurance. The need for change is very clear”.

Those were not my words. Those were the words of the Canadian Federation of Independent Businesses.

The Canadian Chamber of Commerce, the voice of business for Canada, had this to say. I would consider it to be a very good voice because it petitions the people who create jobs in our country and pay the most taxes as far as percentage to gross income and personal income. It said:

For decades we've understood that the EI system can be a double-edged sword, protecting workers who lose their jobs, yes, but also creating enduring dependencies and marginalizing thousands of workers....Canada can’t continue to pay the cost of an underutilized workforce.

Those are not my words. That is the business community of Canada coming forward and saying we need change.

There are labour inefficiencies from coast to coast. I am clearly in support of this budget. It would do great things for Canada. It would do great things for Canadian families. More important, it would do great things for Canadian families in the future. A budget today is what affects us in years and years to come.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 8:25 p.m.


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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, I would like to commend the hon. member on her speech.

She said that at least a third of Bill C-38 is devoted to environmental deregulation, while the Conservatives have the worst track record of all recent Canadian governments in terms of environmental protection and action on climate change. Not giving consideration to sustainable development on the environment is making our current situation worse and is threatening the future of our next generations.

Could the hon. member comment on that?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 8:15 p.m.


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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, it is an honour to rise in this House and speak to Bill C-38, a bill that fundamentally attacks the Canada of yesterday, today and tomorrow. It is an attack on who we are and what we have built together.

As a result of the bill, the government is turning the clock back on Canada's reputation, holding back our country in terms of research and innovation while lowering not only the standard of living that Canadians face today but that Canadians will face tomorrow.

The budget also speaks to the two-faced approach the government has taken. At election time, the Conservatives said one thing and now in government they do another.

I will go through the budget and see who is not a priority and who is not spoken for.

Who is not a priority in the government's budget? It is northern and aboriginal people. Many northern and aboriginal people who I represent have spoken to me about the real concerns they have vis-à-vis Bill C-38. In fact, I had the opportunity to hear from people participating at the Assembly of Manitoba Chiefs gathering and there is united opposition to Bill C-38. Why is there t opposition? I am sad to say that there are many reasons.

First, cuts to employment insurance will have a disproportionate impact on northern and aboriginal Canadians, particularly seasonal workers, fishers, forest firefighters, construction workers and people who work in tourism. It will impact the people who make the economies in some of the poorest communities in our country operate. For example, people may simply leave and abandon critical services like forest firefighting, something that we all depend on for public safety, as they will have no ability to look at other options. In fact, due to these cuts, people may need to turn in a much greater way to welfare. We will see increased social turmoil and a continuation of government neglect for first nations. There will be a lack of options for people to become re-educated and skilled in other areas to have the ability to move on. It is simply not be a reality in northern and aboriginal communities.

When it comes to the changes in EI, many people are worried because they simply do not know what will happen. They have been told to trust the minister, but the reality is that the employment insurance money is the money of these very workers and of all Canadian workers. They must be seen as the priority and not be influenced by the ideological slant of a certain minister.

Another area the bill would have a disproportionate impact is on the changes to the EI tribunals. The elimination of a specific workers' representative would have a disproportionate impact on working people. For those who live in remote and rural Canada, the ability to connect in person to these tribunals is critical. With this streamlining, the option of using the phone or travelling to the tribunal is simply not an option for so many Canadians.

The change to the OAS would also have a disproportionate impact on northern and aboriginal people. Many already live in higher conditions of poverty than in other parts of Canada.

We have the loss of environmental assessments and environmental reviews. Many first nations, including the AFN national chief, have spoken out clearly against the rolling back of environmental legislation. They have spoken of the importance of the fiduciary obligation that the federal government has to first nations and of the importance that the federal government must place on the duty to consult, which is something that did not happen in the formulation of Bill C-38 but something that will continue to not happen in the case of environmental development that will have a direct impact on first nations and their lands.

There is the loss of the National Aboriginal Health Organization that did critical work across the country both in terms of research and advocacy when it comes to aboriginal people. As well as the loss of the First Nation Statistical Institute which provides information that we need when it comes to first nations and aboriginal peoples, some of the most marginalized people in the country. This information would no longer be at their fingertips.

There are cuts to Aboriginal and Northern Affairs and the continued inaction to deal with the shocking housing crises, the need for repairs and the building of new schools, the need to support infrastructure in the northern and first nation communities that I represent and in so many aboriginal and northern communities across the country.

This is also the further attitude by the contempt that the government showed when just a few short weeks ago the UN special rapporteur spoke of the extreme poverty that aboriginal people face and the fact that so many of them are unable to access healthy foods, something that there is no action on in this budget.

There are cuts to VIA Rail that connects northern aboriginal and remote communities across this country. Without the support that is needed for our national rail service and without a vision in this area, many people will be left out in the cold.

Another set of people and communities left out of this budget are rural and agricultural people and communities.

In addition to the loss of the Canadian Wheat Board, the government has compounded the insecurity faced by rural people, particularly on the Prairies, through the loss of the Shelterbelt Centre in Saskatchewan, the loss of the community pastures program and the withdrawal of commitment to the cattle enhancement program in Manitoba leaving many cattle ranchers in the lurch who were counting on a federal partnership when it came to such an important program.

There are the amendments to the Seeds Act that potentially allowed private contractors to perform something as critical to our public safety again as food inspection.

There is the closure of the Cereal Research Centre in Winnipeg, an institution that performed world-class research.

Now we see that the government is even failing to truly stand up for supply management and continuing to not be transparent in terms of its trade negotiations on an international level.

I would also add that in my province of Manitoba there has been a particular blow in terms of immigration to the successful provincial nominee program that has built my province over the last number of years. Unfortunately, the federal government is unwilling to see a success story and support it.

Who else would be left behind through this budget? Canada's women, the 51%.

The changes to employment insurance would have a disproportionate impact on Canadian women. The changes to OAS will also have a disproportionate impact upon Canadian women because about 38% of women get more than half of their income from OAS or GIS. Then there is the loss of public service jobs. Many of these jobs are held by women. As we lose these good-paying jobs, so many women and so many families will be made even more vulnerable in today's economic situation.

The Canadian Centre for Policy Alternatives stated, “In total, federal spending cuts could lead to the elimination of over 70,000 full-time equivalent positions”.

While others have said more.

We have the loss of the Women's Health Network, the loss of the National Council of Welfare and the amendments to the Employment Equity Act that will leave women, aboriginal people, people with disabilities and visible minorities in the lurch.

Who else does this budget leave out? It leaves out young people.

It lowers our standard of living through the changes to OAS. It destroys the environment through the loss of the Experimental Lakes Area which conducts such critical research on the well-being of our ecosystems and the future of our economic development. We have loss of the Kyoto agreement, the gutting of the environmental assessment regime and fish habitat protection and the loss of research by removing, privatizing, muzzling and silencing those who tell us who we are and where we are going.

Perhaps the most insidious are the changes that would be made to our history and our identity.

Whether it is the cuts to Parks Canada that lead to the de-funding of Louis Riel House or the lack of leadership shown in making a commitment to La Liberté, the francophone newspaper in my home province, trying to rewrite history by the current government also means trying to change our future for the worse.

However, in this devastation, there is hope, hope in the hundreds of thousands of Canadians who have spoken out and hope in the outcry we have seen in and out of this House.

I am proud to be part a strong NDP team that is presenting a vision of a country where we are all part of it, where we are all better off and where we can be a model on the world stage in terms of the environment, equality and dignity, a vision we hope Canadians will choose to make reality in 2015.

[Continuation of proceedings from part A]

The House resumed consideration of the motion that Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the third time and passed, and of the amendment.