Bill C-38 (Historical)

Jobs, Growth and Long-term Prosperity Act

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

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

The Environment

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

Mr. Speaker, since Bill C-38 in 2012, we have been labouring under a broken environmental assessment process. Today we have a landmark report from the expert panel on EA, headed by our former commissioner for the environment. It makes a bold recommendation: get rid of the NEB's Environmental Assessment Agency, have a single authority, give it quasi-judicial powers.

For the Prime Minister, how quickly can we expect this great recommendation to be legislated?

National Security and Intelligence Committee of Parliamentarians Act

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

Mr. Speaker, although I do not think I agreed with a single thing my friend from Cypress Hills—Grasslands said, we are friends.

I want to know if he can explain why the previous Conservative government in the 41st Parliament in omnibus budget Bill C-38 did not allow for any amendments or any discussion and used time allocation at every stage, eliminated the office of the inspector general for CSIS, the only internal oversight that used to exist for CSIS. I think we need to bring back that office, as well as have the parliamentary committee.

Motions in amendment

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

Mr. Speaker, it is my honour to rise today to speak to Bill C-22. I had not thought that we would see government amendments at report stage that undo a lot of the good work that has been done by the committee.

I approach this issue by first saying I support the creation of a national security committee of parliamentarians. I learned a great deal about the intelligence business, the security business, and where Canada stands within our Five Eyes partners, in the efforts to fight Bill C-51 in the last Parliament. I still hope that the review that is being undertaken right now by the Minister of Public Safety and Emergency Preparedness and the Minister of Justice will lead to massive changes in the five different bills, and others, that were amended through that omnibus bill known as Bill C-51, which set up CSIS, for the first time since its creation, as a body that can “disrupt” thoughts, act as having a kinetic function, as the experts call it.

There is nothing right now within our security agencies that ensures that there is any oversight, unlike our other Five Eyes partners, as the hon. government House leader mentioned. We do not have any oversight for a number of the bodies at all. We have no oversight for CSIS. There had been oversight of CSIS up until the moment of omnibus Bill C-38 in the spring of 2012, which eliminated an adviser to the Minister of Public Safety to warn him or her if CSIS was going amok. That position was eliminated, so there is no oversight of CSIS; rather, there is review of CSIS. There is no oversight of the RCMP; rather, there is review of the RCMP. There is neither oversight nor review of the Canada Border Services Agency. For the Communications Security Establishment Canada, which is a very strange body that collects and downloads massive amounts of metadata, there is neither oversight nor review.

We have all of these different intelligence agencies, therefore, it is of critical importance that we do two things. We must rein in and undo the damage and the potential chaos created for security agencies by Bill C-51. I say this parenthetically. I want to get to Bill C-22. However, I need to say that my opposition to what was done in the 41st Parliament in what was known as Bill C-51 was not exclusively with respect to concerns about civil liberties. Those are concerns, but I have heard from security experts in the course of a review of that bill. It is clear to me that, failing to ensure coordination between and among all of these agencies, while giving CSIS the right to be active in kinetic operations, to be able to have CSIS offer people they are surveilling basically a get-out-of-jail-free card, a prospective guarantee that they will never be arrested or put into the judicial system, without any alert to the RCMP that this has happened, the one hand will not know what the other is doing. The creation of the national security committee of parliamentarians will not address that threat, although we will have to address this concern. It has been one that has been well known since the inquiry into the Air India disaster where if there had been coordination enforced between the different security agencies, that disaster, the single largest terrorist act on Canadian soil ever, could have been avoided. That was certainly the opinion of the Air India inquiry.

Coming back to Bill C-22, I support the creation of a committee of parliamentarians. However, I am baffled by the changes that have just taken place. I turn to the leading Canadian experts in this, Kent Roach and Craig Forcese, professors of law, both of whom played a role in the Air India inquiry. They are the authoritative experts to whom I turn. Certainly, Professor Craig Forcese is baffled by the limitation on what parliamentarians will be allowed to know. I mentioned in my question earlier to the government House leader that these restrictions do not apply to the people who serve on the Security Intelligence Review Committee, SIRC, to which civilian non-elected people are appointed. For the purpose of pointing out that the appointment process can have gaps with respect to security, let us not forget that former Prime Minister Stephen Harper appointed the now late committed fraudster Arthur Porter as the chair of SIRC. Arthur Porter did not have the restrictions that Bill C-22 would now put on parliamentarians, who are elected, who take an oath, and who have an understanding of their responsibilities.

My amendment to the bill is to delete section 12, which is the section that limits the MPs' access to parliamentary privilege. It is what Craig Forcese has called the triple lock on what MPs and senators are allowed to know.

Parliamentarians sitting on this committee have already sworn allegiance to Canada. They will go through security checks. The way the bill is currently written, it is not as though there is no check on their access to information or risk of their revealing information. The Canada Evidence Act would apply, section 38. Even as these government amendments are rolling forward, Professor Forcese has noted that it would be probably better to rely on court and the Canada Evidence Act than on these very restrictive moves in terms of what parliamentarians can know, an overly generous discretion on the point of what ministers can withhold, as well as getting rid of what was a very good amendment achieved in committee of giving the committee subpoena powers.

I have to say that it is just simply baffling that the government has taken such a restrictive view on what parliamentarians can be allowed to know. I will just note that this is from an article by Professor Forcese titled, “Stronger Bill C-22 Goes Back to the House”. This was before the government amendments came forward. He noted that, “C-22 committee members will be surrendering parliamentary privileges and will be permanently bound by secrecy under the Security of Information Act (and therefore subject to criminal sanction for violating secrecy rules).”

I think the government, with all due respect, has overreacted to very good amendments that were passed by the committee, and this is a larger point as well. We are often told in this place that we should rush legislation through second reading so that it can go to committee where the committee will do the good work. We now have a fair litany of times where the Liberal government, with its majority, has decided to ignore the good work of committees.

The first was, of course, the committee that dealt with medically assisted death. That advice was completely overlooked in the drafting of Bill C-14. We have the committee work, on the committee on which I served, the Special Parliamentary Committee on Electoral Reform, and that is a very sad story because we need to get back to that, but very good work was done.

For the first time since 1867, when the British North America Act said Canada will use the voting system from Westminster until such time as its Parliament chooses its own voting system, we had Parliament recommend a voting system and a way forward, and that was rejected. Now this committee's work has been rejected and, I think, hastily.

There is a way forward here. There is an appropriate balance. I do believe that the parliamentary committee struck that balance, and it is really important to remember that what the committee is looking at is already protected in many ways.

The U.K. parliamentary committee has never had a problem with breaching secrecy. One of the experts who testified in Bill C-51, Joe Fogarty from U.K. MI5, testified that there just simply were not problems. Parliamentarians instructed with the duty to maintain confidentiality have done so.

I also point out the precedent that the New Zealand Parliament has a very similar committee, and the New Zealand members of Parliament who serve on that committee do not have to surrender parliamentary privilege. It is explicitly preserved under the New Zealand model.

It leaves one wondering why the government has chosen to undo the good work of committee, further undermining the proper role of legislated deliberation in committee coming back to this place at report stage, doing serious damage to the work that was done by the committee, leaving, I fear, greater uncertainty as to how the committee will function and still wondering why is it that in taking measures to restrict the information that parliamentarians have, the independent expert national security review bodies, SIRC and the CSE commissioner, are not given the same set of handcuffs.

I do not think it makes sense. I urge the government to reconsider and accept my amendment.

Budget Implementation Act, 2016, No. 1

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

Mr. Speaker, it is an honour to rise at report stage to speak to Bill C-15. In the seven minutes I have, I will try to be very economical and focus on a few points that have been mentioned by other members.

I have a very strong view about the improper use of omnibus budget bills, and I want to reflect briefly on the history of omnibus budget bills.

The mandate letter to the hon. government House leader makes it clear that he is directed to “end the improper use of omnibus bills”. Therefore, having fought very hard in the spring of 2012 against Bill C-38, the omnibus budget bill, I want to canvass this because I think it is important for me to say out loud that this is not an improper use of an omnibus bill but it comes dangerously close.

Omnibus budget bills between 1993 and the 2000 were generally around 12 pages long. The biggest omnibus bill that I had seen was in the spring of 2005 under the previous Liberal government of Paul Martin, which topped 120 pages. People actually protested that the Martin government's 2005 budget bill, at 120 pages, was too long, including the leader of the official opposition at that time, who went on to become prime minister and became the champ of all inappropriate and improper uses of budget bills.

This budget bill, at 179 pages, is clearly the longest omnibus budget bill from a Liberal government. However, it is a piker compared to the abuse of democracy that we saw under the previous Conservative regime.

In the year 2010, we saw an omnibus budget bill that was 883 pages long. In the spring of 2012, we saw the first part of an omnibus budget bill that was 440 pages long, with a second part in the fall, which was another 400 pages long.

What makes an omnibus bill appropriate or inappropriate? If in one piece of legislation we are working toward a single purpose and all pieces of the legislation stem from that single purpose, it is an omnibus bill all right, but it is not improper. What happened in the spring of 2012 is that Bill C-38 destroyed our Environmental Assessment Act, which was not mentioned in the budget, destroyed the Fisheries Act, repealed the National Round Table on the Environment and the Economy, repealed the Kyoto Protocol Implementation Act, and changed the National Energy Board Act. No fewer than 70 laws were changed at that time.

Therefore, let us not muddy the waters. The warning to my friends in the Liberal government is that they should not tread too far. This one should have split out the commercialization of the Wheat Board. We needed to study that separately. However, overall, this one is not an improper use of omnibus bills; rather, it just flirts with the word “improper”.

What is good and what is not good about this? Obviously, there is much in this budget to like. I was disappointed because I thought there would be more to like, and there are two specific elements I must mention, before we move to Standing Order 31s, that are really unfortunate and, in fact, egregious.

In terms of the good things, there are changes to the employment insurance program that I welcome. However, as many groups have said, including those who testified before the finance committee, we need to go further and fix EI to get it back to the systems we had before the changes of the Conservative regime. Therefore, while it is certainly better to have the changes we just made, I tried in committee to make amendments to deal with the long-tenured worker, the idea that one has to work for seven years to qualify for those pieces. We have not yet seen the reversal of the changes to seasonal workers. We need to see that.

In the case of the child benefit program, I agree with the Canadian Teachers' Federation, which described it as a good first step to alleviate childhood poverty. However, I found this evidence from the Canadian Teachers' Federation really telling, and we should all take it on board as parliamentarians. It stated:

Each day in our classrooms, Canadian teachers engage with children and youth who are hungry, tired, and struggling due to poverty.

I talk to teachers all the time. We need to do much more for our children. This is just a very small first step.

With respect to veterans, I would say that the Liberals kept their promise to open the veterans offices across Canada that were wrongfully closed. They have done some things that will change the permanent impairment allowance and the grade determination. This is an improvement. However, we still need much more to be done for our veterans, just as we do for pensioners.

The National Pensioners Federation made the same point. The increase in GIS for pensioners is very welcome, but it is $2.60 a day. The maximum improvement for poor seniors in this budget is $2.60 a day. That is not enough.

There is more that I liked in the budget, such as cultural industries and better deals for students, although the money needs to be improved. However, there are two pieces that are completely egregious. One is found on page 221, where the fossil fuel subsidy to liquefied natural gas is left in place until 2024. This is a violation of the Liberal election promise to end subsidies to fossil fuels.

Also, at pages 166 and 167, we see a commitment to keep environment assessment in place under the Bill C-38 version, which as I just mentioned, destroyed our environmental assessment regime. Specific reference to continue to fund CEAA under the Canadian Environmental Assessment Act, 2012, is offensive to all of us who understand environmental law.

The Environment

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

Mr. Speaker, I thank my friend from Northumberland—Peterborough South and it is my sad responsibility to tell her that what she has just read is not true. All major projects did not fall under the interim measures. Only pipeline projects do.

I hold the Minister of Environment and Climate Change in the highest regard. The advice from her officials, if that is where she got the bad advice, was that it was sufficient to add a few conditions to pipeline projects. This misses out entirely that the Canadian Environmental Assessment Act, 2012 puts entirely in the hands of offshore petroleum boards in Atlantic Canada the right to give permits for offshore drilling and none of the interim measures apply to that because it only applies to projects under the National Energy Board.

The extent to which Bill C-38 has destroyed our environmental assessment process is not fully understood by a new government. I am hoping that new government will look at this and decide that Bill C-38 must be removed much more quickly than current plans allow.

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

Mr. Speaker, it is my honour to rise tonight in adjournment proceedings to pursue a question that I originally asked on March 24. It pertains to something that is fundamental to the concept that Canada has any framework of environmental law, any regimen of review in advance before large projects proceed.

In a strange quirk of history, I was actually in the office of the Minister of the Environment in the Mulroney administration when I shepherded through the Privy Council Office permission to legislate the Canadian Environmental Assessment Act. It finally passed into law. It was passed under the Mulroney administration, received royal assent under the administration of the Right Hon. Jean Chrétien, and it has evolved since then.

It had as its cornerstone principles that the environmental assessment process must engage Canadians. Public participation and rights of public participation were fundamental to that act. So, too, was a broad understanding of what environment means, including the full environment, marine, terrestrial, all aspects of the environment, human health and the environment, even socio-economic impacts, and even local community values.

That environmental assessment process required that alternatives be reviewed. A project was not just approved; the question was actually asked as to whether there was a better way to do something which would cause less environmental damage.

All of that was destroyed. It was destroyed completely in omnibus budget Bill C-38 in spring 2012. Those of us in the opposition parties fought it as hard as we could. Liberals, New Democrats, Greens, and the Bloc, we tried to protect the cornerstone of environmental law, and we lost because might makes right and the Conservative government at the time forced through the acceptance of something called the Canadian Environmental Assessment Act, 2012.

It is not an environmental assessment act at all. It fails even in comparison to environmental assessments conducted by developing countries. It is a joke of an environmental assessment act. To make it worse, it took away the fundamental principle of public participation. That was a fundamental principle of our cornerstone of our environmental assessment law, and it is gone. The new CEAA 2012 says that only those parties who are directly affected, such as if one lives next door to a large quarry, next door to a large LNG facility, have a right to participate.

It took away the heart and soul and rigour of environmental assessment law. Worse than that, in the case of energy projects, it made up a whole new regime. It said that the Canadian Environmental Assessment Act, 2012 does not apply through its normal agency operations if it is a pipeline, a nuclear facility, or an offshore oil and gas facility. In those cases, the National Energy Board for the first time in Canadian history was mandated to do environmental assessments. So, too, were the offshore petroleum boards for Newfoundland and Labrador, for Nova Scotia, as was the Canadian Nuclear Safety Commission. They were given the authority to do environmental assessments.

Now, we have lived through quite a few of these. I can say without a shadow of a doubt and without fear of contradiction from any person in the public interest or environmentalist who has gone through that process, they are a sham.

Here we are, it is June 1, 2016, and I ask the government opposite, why are we still operating under Bill C-38's destruction of our environmental law? I ask, as I did on March 24, when can we see the end of Bill C-38 and bring back real environmental assessment in Canada?

Financial Statement of Minister of Finance

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

Madam Speaker, I thank my colleague from Brampton Centre for sharing his time with me.

It is such an honour for me to speak to budget 2016 this afternoon.

I am going to divide the 10 minutes that I have into three general categories: first, the overall quality of the budgetary information; second, a quick review of those things that are pretty good, but not good enough; and third, concerns about the environmental content of the budget.

First, on the quality of the budget, there is something that I think parliamentarians need to spend a lot more time talking about and demanding of Finance Canada. It has been a number of years since I have been able to find in the budget of Canada something that I think most Canadians would expect us to find, something called a budget: a statement of revenues, a statement of expenses, a bottom line, clear information.

I started saying with the previous government that we should really stop calling it the budget and call it the annual spring thick brochure so we would know what we were talking about. I expected more clarity of information, frankly, from the new finance minister, but as we have seen in the information from the parliamentary budget office in its review of this document, we still do not have detailed tables to identify the impacts of changes. Budget 2016 has actually shortened the time horizon on cost estimates from five years to two years, and it is going to be increasingly difficult to reconcile the program information with the budgetary information with our main estimates and supplementary estimates. I urge the new government to make sure that 2016 is the last budget that is not really a budget.

In addition to the things that the PBO has asked for, I would like to see a return to budget documents that include a statement of the budgets that are comparable from the previous year to the next year, department by department. Quite often in the budgets over the last number of years, we can see an announcement that there is money for a department to do whatever, but we cannot figure out for months, if we ever can, whether that is new money, re-profiled money, or whether it is a real commitment. I would like to see that.

Another thing I would like the Minister of Finance to do before next year, and as a matter of fact as quickly as possible, is present legislation to enshrine the parliamentary budget office and the parliamentary budget officer as independent officers of Parliament, properly funded and not subsumed in the budget of the Library of Parliament. The PBO does an amazing job for us as parliamentarians. It should not have to fight tooth and claw for information from Finance Canada. It should be as available to them as it is to us, and we are not seeing that change yet.

This budget is clearly much more welcome to the Green Party of Canada than the ones over the last 10 years. I do not open it and cringe and fear weeping at every page. Therefore, let me go through those things that are good, but not good enough.

It is certainly welcome to see $8.4 billion allocated to first nations, Métis, and Inuit communities. It is good, but not good enough, because it neglected where we really need to see some increased spending, which is on the care of children in those communities. Specific child care dollars were missed. We need more attention on those key areas. It is certainly welcome, but falls a bit short there. Actually, it is more than a bit short. It completely omits, as Cindy Blackstock has pointed out, money for first nations children and to make sure we act on all the commitments under the Truth and Reconciliation Commission.

I was pleased to see action to assist young Canadians or any students with student debt in making that more manageable, but when one reads very carefully, one finds that there is no new money for that. It is re-profiled in ways that will help students carry student debt and ensure they do not have to start paying student debt back until they are making more money. It is encouraging, but not good enough.

There is more money for international development for Global Affairs Canada, but not nearly enough to catch up to where Canada should be. I want to see a reinstatement of our goal as a nation to 0.7% of our GDP into international development assistance. We are far short of that, even with the modest increase to spending in this budget.

It was very welcome to see money for housing and the federal government being involved again in housing. It is very important that we do that, but I was very disappointed not to see money in this budget for energy retrofits. I will return to that.

It is also welcome to see a return to the funding of basic science and away from the notion that we will not fund anything unless it has an immediate commercial application. It is very welcome to see a return to basic science research and more money for hiring scientists, such as the $40 million that was recently announced for the Department of Fisheries and Oceans to start rehiring scientists. Parks and marine protected areas also get funding.

One of Canada's greatest environmental thought leaders passed away earlier this year. I would like to take a moment to note that Jim MacNeill's passing is devastating to the whole policy community that has done any work on sustainable development. Jim MacNeill always said that the single most important environmental statement from any government is its budget. After analyzing this budget for the environmental promises, that is where we find the deepest disappointment.

First, on infrastructure, during the election campaign the Liberals promised to spend enough on infrastructure to stimulate our economy to hire a great deal more people to ensure that we have a strong and vibrant economy that could get us out of the deficit. That was the premise of the Liberals' election campaign. I have to say I do not quibble with that. The Green Party platform was a balanced budget, but I am easily persuaded that in a weak, stagnant economy, when the cost of borrowing is as low as it is today, it is not a bad idea to go into deficit to kick-start the economy. It is a good idea. However, the Liberals fell far short of what needs to be done to create the investments that we need in infrastructure and green infrastructure to create that vibrant economy.

In a nutshell, we read in this budget that over the next 10 years there will be $120 billion invested in infrastructure. That is a big number and it sounds great, until we realize that part one is the next five years, past the next election, in which less than 10% of that money, $11.9 billion, will be spent. The 90% of $120 billion will come to us in the second five-year period. That is important to note, because it means that for public transit money, which is desperately needed, there is only $3.4 billion over three years. It is not enough to significantly reduce greenhouse gases by moving us to public transit. A key piece of stimulus spending that would have put tens of thousands of Canadians to work quickly is to fund eco-energy projects.

With the previous Liberal government, under former prime minister Paul Martin who created the program, it was wildly successful. It delivered on greenhouse gas reductions. Homeowners loved it. Contractors loved it. Building supply companies loved it. It worked. It should have come back in this budget and it should have been expanded to include institutions like universities, schools, and hospitals, to replace inefficient furnaces, to bring in heat pumps, and to employ an army of carpenters, electricians, and plumbers who could go to work to deliver. It is missing and that is a shame. I hope it will get serious consideration before the 2017 budget so that we can actually attack the 30% of greenhouse gases that come from leaky buildings in Canada.

However, I have to say the most despairing part in reading the budget was when I came to a section which has the heading, “Restoring trust in environmental assessment”. This is at page 165 in the budget. Restoring trust in environmental assessment requires fixing the Canadian Environmental Assessment Act. The Canadian Environmental Assessment Act, brought in originally in 1993, was repealed in 2012 in the spring omnibus budget bill, Bill C-38.

This section of the budget suggests we are going to keep the broken, bogus, useless Environmental Assessment Act that was brought in under Bill C-38, and that we are going to keep it for four more years. There is a specific reference to it getting funded for four more years. This is an enormous mistake, and it must be reversed. Similarly, we must get rid of what Bill C-38 did to our Fisheries Act, to the Navigable Waters Protection Act, which was in the fall omnibus budget bill, Bill C-45.

We need to fix our environmental laws if we are going to have a hope of restoring public trust in the environmental assessment process. This must be fixed and it is a budgetary issue. However, it is an urgent parliamentary concern that we undo the damage that every single member of the opposition fought against in 2012. Every New Democrat, every Liberal, and every Green MP fought that. We need to pay attention to the mistakes in this budget and fix them immediately.

[Scott Brison, Liberal, Kings—Hants, NS]

Mr. Speaker, I will be speaking on the federal budget today. I will be splitting my time with the member for Etobicoke North.

This budget has no real plan for jobs or growth. It gives the most to people who need it the least, and it keeps Canada in a deficit situation.

The Prime Minister's claim of a balanced budget is about as credible as George W. Bush's claim, in 2003, when he declared “mission accomplished” on the Iraq war. History proved the president wrong; the U.S. remained in Iraq for another seven years.

I think history will prove that this Prime Minister is wrong to declare victory on deficits. It is a cautionary tale about premature declarations of victory. This lesson is lost on the Conservative government. Instead of learning from history, the Conservatives are using this budget to declare mission accomplished in a fiscal year that will not even end until March 31, 2016.

The budget shows that after seven consecutive deficits, the federal Conservatives have yet to balance the budget. Canada has not been in a recession since May 2009. In fact, the Conservatives have been breaking the principle of their proposed balanced budget legislation since then.

Now the Conservatives have fabricated an illusory surplus on the eve of an election. How did they do that? First, they cut the contingency reserve. That is right. In the past, they kept intact the contingency reserve put in place by finance minister Paul Martin. If the Conservatives had actually done that this year, the budget would have shown that the Conservatives would be in deficit until at least 2017.

Slashing the rainy day reserve is just plain reckless. Last year, then-finance minister Jim Flaherty agreed. He said it would be “imprudent” to cut the contingency reserve. Earlier this year, the then-employment minister, now the defence minister, promised that the government would not touch the contingency fund. He said, “We won't be using a contingency fund”, to balance the budget. “A contingency fund is there for unforeseen circumstances, like natural disasters”.

This finance minister and the Prime Minister did not listen to either. Instead, he has recklessly cut the contingency reserve, leaving the government with no room for any unforeseen events.

The finance minister's reckless streak does not end there. His budget also depends on a 50% increase in oil prices. The Bank of Canada knows better than to build its forecasts around the hope that oil prices are going to go up in the mid-term. The Conservatives should be similarly cautious. It is reckless to build a budget around rosy assumptions.

The cut to the contingency reserve, in fact, is not the only item in this budget that is larger than the illusory surplus. There is also the one-time asset sale of GM shares, a $2.2 billion sale of GM shares that is actually bigger than this illusory surplus.

That confirms the reason the finance minister sat on his hands and delayed the budget until April, after the fiscal year had already begun.

Since 2010, job growth in Canada has been stagnant, and with the fall of oil prices, Canadians have been losing their jobs. The Bank of Canada has called the economy in 2015 “atrocious”. The Governor of the Bank of Canada actually took action in January. He stepped in with a historic interest rate cut to strengthen the economy. Meanwhile, the finance minister was nowhere to be found. He went into hiding, avoiding questions in Parliament for months. Now we know the real reason he did this. The finance minister was putting politics ahead of the economy and the Conservatives' political fortunes ahead of the Canadian priority of having a real plan, in a timely manner, to create jobs and growth for Canadians who need them.

He delayed the budget so that the sale of GM shares would count toward this fiscal year instead of last. That is not a plan. That is a gimmick. It is not just unsustainable, it is pathetic. It is playing politics with the livelihoods of Canadians.

The Canadian economy desperately needs a plan for jobs and growth. Instead, the Conservatives remain committed to their fiscally irresponsible plan for income splitting and the doubling of the TFSA contribution limit. They spent the surplus even before it arrived, and they are spending it on those who need the help the least.

Neither income splitting nor the increase to the TFSA limit would do anything for job creation. Neither of these measures would create the jobs and growth Canadians need or help young Canadians find work. Both of these measures would skew benefits toward the rich, doing little for the middle class and those Canadians working hard to join the middle class.

Doubling the TFSA limit would be particularly reckless, because the cost of the measure would ramp up dramatically over time and would gut the capacity of future governments by tens of billions of dollars every year. According to the PBO, a third of that cost would be borne by provincial governments, and because TFSAs would not count toward income-tested benefits, it would also result, perversely, in billions of dollars each year in additional old age security payments for wealthier seniors.

At some level, the Minister of Finance seems to understand that doubling the TFSA would create a problem for the next generation. When asked about that problem, he acknowledged that there would be a problem and said “why don't we leave that to [the Prime Minister's] granddaughter to solve”.

Canadian parents believe in building a better country for our kids and our grandkids. We do not believe in burdening the next generation with today's tax breaks for the rich. We do not believe in gutting our social safety net to pay for those tax breaks.

The Conservatives do not get this. They have grown out of touch with the challenges faced by middle-class Canadian families. Instead of building for the future, the Conservatives have engineered, effectively, a reverse mortgage on Canada's fiscal house to help them pay for giveaways to the rich. Doubling the TFSA limit would dramatically reduce the government's capacity in the future to invest in what matters.

All of this is bad enough, but it was only three years ago, just shortly after the last election, that these same Conservatives falsely claimed that they had to raise the age of OAS from 65 to 67 because of financial pressures. They falsely claimed that the OAS program was not financially sustainable. They passed these measures in Bill C-38, the spring 2012 omnibus budget bill, which resulted in cutting OAS and GIS to Canada's most vulnerable seniors for two years.

When fully implemented, Bill C-38's cuts to OAS and GIS will take $32,000 away from each of Canada's poorest and most vulnerable seniors. The Conservatives will be taking that money from low-income seniors at precisely the time when doubling the TFSA limit will start to get really expensive for the government and when the extra OAS payments for wealthier Canadians kick in.

The Conservatives are playing anti-Robin Hood. There is an adage that the rich get richer and the poor get poorer. Under this Conservative budget, it is now official government policy.

Raising the age of OAS and doubling the TFSA limit would take money away from the poorest, most vulnerable seniors and would give it to the rich. It would give that money to the select few who have an extra $10,000 burning a hole in their pockets every year. We need to keep in mind that some families are wealthy enough that there would in fact be two adults who could each contribute, so that is $20,000. I do not know a lot of families like that in Kings—Hants. People are working hard. They are struggling. Middle-class families are barely getting by.

The Conservative decision to take from the poor and give to the rich is unfair and un-Canadian. It is another example of how out of touch with the priorities of Canadians and the challenges of middle-class families the Conservatives have become.

The budget has no plan for jobs and growth. It would do next to nothing to help Canada's struggling middle class. It would do the most for the people who need it the least, the rich, and it would keep Canada in deficit.

A Liberal government will have a real plan for jobs and growth and support for Canada's middle class, and we will balance the books.

Opposition Motion—Environmental impacts of microbeads

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

Mr. Speaker, I am very pleased to rise in the House today to once again speak about the environment.

I am very pleased to support the motion that was moved by my colleague from Halifax, the NDP environment critic. She puts her heart and soul into protecting our environment. Again yesterday, she wanted to propose an emergency debate on the excessive melting of Arctic ice. The ice in the Arctic is melting very rapidly because of climate change. Unfortunately, the Conservatives denied the request for this debate. The member continues to speak out against a number of measures that affect the environment, measures passed by the Conservatives that undermine our environment, whether it be the elimination of the National Round Table on the Environment and the Economy or the gutting of all or almost all of our environmental protections. There is 1% left. The Conservatives did away with environmental assessments so that a number of projects could move forward without public consultation or oversight.

The member is an outstanding environment critic, and my colleague from Drummond, who is the deputy critic, also does a wonderful job. He works hard to protect our environment for future generations and to show the world that sustainable development and the economy go hand in hand and that companies are prepared to get on board. All that is missing is some political leadership from the Conservatives.

Today we are debating the following motion:

That, in the opinion of the House, microbeads in consumer products entering the environment could have serious harmful effects, and therefore the government should take immediate measures to add microbeads to the list of toxic substances managed by the government under the Canadian Environmental Protection Act, 1999.

Microbeads are toxic substances that are polluting our environment. They were patented to replace natural ingredients in beauty products, including face and body washes and toothpaste.

It is really troubling to think that these plastic substances are found in products that we put on our skin, in our toothpaste and in some other products. Multinational cosmetic companies should not play with our health, nor should they play with our environment. They should replace microbeads with the natural ingredients that were used prior to the 1990s.

Microbeads pose a real threat to the environment, and I will explain why during my speech, as many of my colleagues on all sides of the House have done. These microplastics are ingested by aquatic animals, including fish that are intended for human consumption. They therefore wind up in the food chain. They are toxic to our health, as well as to flora and fauna, but they allow companies to save a few pennies in the manufacturing of consumer products. That is completely unacceptable.

The worst part is that these tiny plastic fragments are not biodegradable. They accumulate and are transferred to animals that ingest them, and then we consume them.

Microbeads are the product of an industrial manufacturing philosophy that focuses only on profits, with no regard whatsoever for the environmental footprint. Cosmetic companies should take into account the impact that these ingredients have on the environment when they manufacture beauty products and other consumer products. Moreover, 21 countries around the world have already chosen to gradually eliminate microbeads from their products because they are aware of the negative effects those substances have. They need help from the government and legislation to ensure fair competition among all companies.

Many large corporations that care about the environment now employ life cycle analysis. What is life cycle analysis? It looks at the resources needed to manufacture a product and quantifies its potential impact on the environment. This standard is accepted by a vast network of companies and even has an ISO code. Companies that make cosmetics should use this analysis in manufacturing their products.

To encourage companies to adopt best practices, my colleague, the member for Halifax, suggested that this substance be included on the toxic substances list in the Canadian Environmental Protection Act. Why do we need to do that? We want Canadian companies to compete on a level playing field, as I said earlier. All companies, not just some of them, should follow the rules for respecting the environment. By banning microbeads in consumer products, we will ensure that all companies respect human health and the environment.

Passing this motion will enable companies to follow the example set by companies like The Body Shop that have pledged to eliminate microbeads from all of their products by the end of the year.

Also participating are Johnson & Johnson, Lush and Colgate-Palmolive. Microbeads are threatening the ecological health of the St. Lawrence. That is clear. Wastewater treatment plants cannot filter out microbeads because of their small size and buoyancy. This is affecting the river's plants and wildlife. Let us not forget that many sources of pollution are already affecting the health of the St. Lawrence. People in my riding, Beauharnois—Salaberry, are well aware of that.

Every year, the river becomes more acidic. Seaway navigation brings in dangerous invasive marine species, and fish fertility rates are being affected by pollution. Moreover, global warming is exacerbating the effects of pollution and acidification of the river, not to mention that water levels in the St. Lawrence and the Great Lakes are falling year by year.

All these sources of pollution are affecting the flora and fauna of the St. Lawrence River and cost millions of dollars in water filtration and purification. We should not forget that the St. Lawrence River is a drinking water reservoir for an entire region of Canada. In Beauharnois, which is in my riding, an old cargo ship has been rusting since 2011 in Lac St-Louis, which feeds into the St. Lawrence. Our lax environmental legislation, which the government weakens with every budget, leave us powerless to do anything about these sources of pollution.

If these large vessels do not pose an immediate risk to the environment, they are left to deteriorate in public waters. However, their long-term presence has serious repercussions for the environment. There is also the economic impact of all this pollution. Sport fishermen are no longer catching trophy fish. This is the result of the gutting of environmental legislation by this Conservative government, which nonetheless calls itself the champion of sport fishing and hunting. However, the Conservatives do not see the contradiction.

In my region, ecotourism is one of the economic drivers threatened by pollution. Waterways are threatened by blue-green algae, another source of pollution created by products such as detergents and industrial soaps. Swimming, fishing and camping are all activities affected by the pollution of our environment.

Les Amis et riverains de la rivière Châteauguay, the Société du vieux canal de Beauharnois, and Les Amis de la réserve nationale de faune du Lac-Saint-François, which is in Dundee in my riding, are just a few of the organizations that work with the public to raise awareness about the importance of protecting our waters, lakes, rivers and oceans. They run water-based activities to ensure that our economy is based on more than just the fossil fuel industry.

A number of environmental organizations are also raising public awareness so that we can better protect our waters. These include SCABRIC, Ambioterra, Nostra-Terra, Crivert, the Comité ZIP du Haut-Saint-Laurent, the Comité de l'environnement — Ste-Martine, the Comité consultatif en développement durable et en environnement de la Ville de Salaberry-de-Valleyfield and the Comité Environnement de la MRC de Beauharnois—Salaberry, just to name a few. All of these local organizations are very aware of the fact that we need to protect our waters.

The motion moved to eliminate the use of microbeads is one of the measures put forward by the NDP to protect our waters. All of these sources of pollution show that things are not looking good for our waterways. As I was saying, in my riding, the Lac Saint-François National Wildlife Area has been fighting for years to preserve plants and wildlife that are unique to the region. The wildlife area is home to approximately 20 rare or threatened species, including the yellow flag; the osprey, which is a bird of prey; and the snapping turtle, a wonderful species of turtle.

What has the Conservative government done to protect our wildlife areas? It cut the budget of the Lac Saint-François National Wildlife Area, threatening its very survival. It also amended the legislation protecting our lakes and rivers with Bill C-38 and Bill C-45, mammoth bills that were introduced in 2012 and gutted protections for our waterways.

Châteauguay River protection groups strongly condemned the Conservatives' direct attacks on our environment. In addition to all of these efforts, many members banded together to introduce bills to protect the environment and our waterways.

I hope that all members of the House will vote in favour of this motion to ensure that we can make the consumer products that enter our homes safe and leave a healthy planet to future generations by developing a sustainable economy.

Opposition Motion—Gros-Cacouna Oil Terminal

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I will share my time with the member for Portneuf—Jacques-Cartier.

I would like to begin by commenting on what our esteemed Conservative Party colleague, the member for Dauphin—Swan River—Marquette, said. Frankly, I do not think that he gets the NDP point of view at all.

He is trying to convince us that DFO is doing its job and being perfectly transparent about the situation. However, the recent ruling regarding the port of Cacouna gives us good reason to doubt that the Department of Fisheries and Oceans is stepping up.

This is an excerpt from paragraph 106 of that ruling:

They completely hid the fact that nobody from TransCanada or DFO's science branch answered their perfectly legitimate questions about whether carrying out the work on the dates proposed by the proponent could cause a significant disturbance or have a significant impact on marine mammals, and if so, what additional mitigation measures would help to reduce the disturbance or limit the impact to acceptable levels.

That is from the court's ruling, and I put a lot more faith in that than in the Conservative government.

Let us go on to paragraph 108:

On the contrary:

...the evidence shows that Mr. de Lafontaine's letter does not constitute scientific advice from DFO's science branch; even the Attorney General of Canada said so;

Their own lawyers are telling us that the Department of Fisheries and Oceans did not do its job.

I hope the Conservatives will begin to understand that transparency is needed, because we cannot live with a government as secretive as this one. They would have us believe that they will do everything, that everything will be fine and that there is nothing to worry about. They will hide the project and perhaps reveal it one day, much like they did with the text of the European free trade agreement. They want us to wait months and months, while they try to hide everything that could be done, and once they have their talking points ready, they present us with a project as a done deal.

I am sorry, but the laws of Canada require the right of oversight. According to Fisheries and Oceans Canada criteria, we must proceed based on the precautionary principle. That is not the case here. Once again, the government is going ahead at all costs, regardless of the consequences.

I would like to come back to something that is put very well in the motion, and that is that the Port of Gros-Cacouna project must be rejected. This is clear when we look at the court ruling and what the experts have said. Those experts unfortunately do not work for the Department of Fisheries and Oceans; the DFO experts were muzzled. Nevertheless, people find other ways to have their say.

I want to acknowledge the very fine work done by the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup and his commitment. He worked tirelessly for months to highlight the bill's shortcomings and to find out what the people in his region were thinking. Consulting Canadians is absolutely crucial. We need to take the time to ensure that projects comply with the rules. That is not the case here.

Let us look at some figures to understand the scope of this project. At this time, in eastern Canada, approximately 585 million barrels of petroleum products are transported by sea on the Atlantic Ocean every year. For the Gulf of St. Lawrence and the St. Lawrence estuary, it is about 178 million barrels a year, and those numbers are from 2011. The Port of Gros-Cacouna project could easily add another one million barrels a day.

What is more, another project is being proposed for the Belledune region, not far from my riding. In that case, we are talking about another 400 million barrels a day. The amount of oil that will transit through the Gulf of St. Lawrence is expected to triple in the next three years, but no real studies have been done to determine whether this can be done without harming the environment and the existing natural resources.

In my region, the two major industries are fishing and tourism.

By all accounts, if ever there is a spill involving all these millions of barrels of oil in my region, we can forget about developing our natural resources.

I would like the Conservatives to understand that oil is not the only natural resource. Back home, we depend on the forestry industry and the fishery. I would also like to point out that even the belugas are a natural resource. Indeed, thanks to them, the tourism industry generates roughly $160 million a year.

There are so many industries in the region that we must proceed with caution. I do not understand why the Conservatives fail to see that we must take this one step at a time and respect all the regions and all the industries.

People back home are very worried. They are talking about the oil that will be shipped by the seaway, which will jeopardize the fishery and tourism, and they are talking about the vast quantities of oil that will be shipped by railway. Unfortunately, the Conservatives do not want to invest in that railway, but that is another story.

If we talk about railways and rail safety, we should start by examining all exports flowing through eastern Canada, because the Conservatives want oil to flow through the Keystone XL pipeline.

The Keystone XL pipeline is a very important project that the Americans have very little appetite for, to the point that the U.S. president seems to want to block it. However, the energy east pipeline is even more important than Keystone XL. We must therefore take the time to get the facts right about all aspects of these projects. We should not accept the first proposed port, such as Cacouna. Why is an oil project of this magnitude not subject to a real study and real due diligence? That was not the case for the project proposed by the Conservatives, the project that TransCanada proposed. The time has come for the Conservatives to be more transparent.

The Conservatives say that we cannot debate today a project that has not been submitted to the National Energy Board. Quite frankly, they should perhaps equip themselves with better tools. Members will recall that, two years ago, with Bill C-38, the Conservatives thought it was a good idea to ignore many of the precautionary principles that apply to the fishing industry and the oil industry. We should have left the triggers in the law. Today, the Conservatives are saying that there was no trigger and the study was not carried out. Had Bill C-38 not changed environmental laws, I suspect that today there would have to be a study done by the appropriate bodies. Today, that is the responsibility of the National Energy Board. This is rather illogical given that this board is responsible for the smooth transportation of energy. On the one hand, it will promote energy transportation and, on the other, it is supposed to be our watchdog in that regard.

The Canada-Newfoundland Offshore Petroleum Board is very uncomfortable with this mandate, which consists of being both watchdog and proponent. It is very difficult to wear both hats at the same time.

I hope the Conservatives will take the opportunity to examine Canada's energy industry as a whole to consider new ways of investing in other types of energy. It is about time they invested in green energy. I would like this government to study that option. In my region, we have invested a great deal in wind energy. It is very cost-effective and very green. It is a sustainable and renewable form of energy that contributes very little to greenhouse gas emissions.

I hope the Conservative government will take note of today's motion, take a step back and take the time to reflect on the kind of Canada we all want. Its proposal is not consistent with the Canada I want to live in.

Economic Action Plan 2014 Act, No. 1

[François Lapointe, NDP, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, first of all, I would like to acknowledge the work of my colleague from Vancouver Kingsway. It was very interesting watching him confront the current government with the very bad decisions it has made in recent years.

I am honoured to rise in the House to speak to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures.

Canada has a poor record on key files. We accumulated a $61-billion trade deficit in 2013. Canada has had a trade deficit in excess of $45 billion for five years in a row. Canadians' debt reached record levels in 2013. People owe $1.64 for every dollar of disposable income they earn in one year. We are facing some truly worrisome situations that must absolutely be addressed. However, we feel that what the current government calls an economic action plan does not tackle the major challenges that are going to catch up to us and hurt Canadians and the economy, if we do not do something about them immediately.

The NDP's position will be to oppose the bill at every stage because there is nothing in Bill C-31 that indicates that the Conservatives are actually addressing these real problems.

This bill has 360 pages and amends 60 laws. Once again, it is an omnibus bill. It brings back bad memories of Bill C-38 in 2012.

At the time, Le Devoir ran the following headline: “A mammoth bill to change the rules without debate—The 431-page bill amends more than 60 current laws”. It seems that we are living in groundhog year. Everyone knows the movie Groundhog Day. Under the current government, we have been living groundhog day since 2011.

I would like to take a few minutes to explain the implications of an omnibus bill to the people at home. It reduces how much time the opposition parties, and the official opposition party in particular, have to analyze the issues. We do not have enough time to address the flaws in the bill. For example, this bill does not propose anything for SMEs. There is nothing solid, as far as we can tell. The bill eliminates the job creation tax credit for small businesses at a time when the unemployment rate might be up to 14% for people 25 and younger in a number of regions. It is absurd. How can the government attack a program that received support from all the regional chambers of commerce in the country? It is unbelievable and unacceptable.

We also do not have enough time with these omnibus bills to address any abuses that are hidden in these hundreds of pages. For example, this bill raises a lot of concerns over privacy protection with respect to the Foreign Account Tax Compliance Act. This is an American tax law on foreign accounts. The government is trying to deal with this in an omnibus budget bill.

However, the sharing of Canadians' information between financial institutions and the Internal Revenue Agency under this agreement, FATCA, would invade the privacy of roughly 1 million American citizens. This is hidden somewhere in the hundreds of pages of yet another omnibus bill.

That is not insignificant. There is another difficult aspect that the people at home need to understand. It is not their cup of tea to try to understand how this works in Parliament in Ottawa. The fact that the government stuffs everything in there makes it hard for the committees to do a decent job. There are decisions involving veterans and the environment hidden among these hundreds of pages.

These are important decisions that should have been and should be dealt with in separate bills that would allow the various all-party committees to invite all kinds of experts to examine the government's decisions. We could then find some better solutions, if it turns out that these are very bad decisions, as often happens. The decisions can sometimes be excellent if there is good co-operation.

We cannot do this kind of work when every single time this government tables a budget in this House, we have to deal with hundreds of pages and dozens of amendments to our laws.

One example that hits close to home for my constituents is rail safety, which once again is in a budget bill. This is a very important issue for my constituents. In the past 30 or 40 years, there have been three major train derailments in downtown Montmagny alone. These are recent events in Quebec, and dozens of people burned alive after trains carrying explosive products derailed. This is a priority for us.

Now, cabinet decisions about changing the security standards for the transportation of dangerous goods will be kept secret. Cabinet decisions on this issue will remain secret. With these changes, the public will not be informed when the Conservatives weaken safety measures, and experts will not be able to advise the minister before the changes are implemented. There are clauses in this bill to allow that.

Where were the Conservatives last summer when we witnessed the worst rail tragedy in our country's history? How can the government then hide a few lines in an omnibus bill saying that from now on, cabinet decisions on rail safety will not be transparent and public? How can the government do such a thing? It is clear that it does not have even the slightest interest in public safety.

Temporary foreign workers are a more recent problem. The bill gives the Minister of Employment and Social Development the power to impose fines on employers who break the rules of the temporary foreign worker program. This program has been in complete chaos for the past three months as a result of the government's serious mismanagement. Recently, in Rivière-du-Loup, we had a visit from the Minister of Citizenship and Immigration. Local television stations were there and recorded the whole thing. The minister promised that the moratorium would be lifted once the new procedures were put in place. The current moratorium is a cause of great concern for many small business owners who sometimes need to seek help from the temporary foreign worker program. As a result of the government's terrible mismanagement of this program, there is a moratorium in place. The abuses that led to this moratorium did not take place in Quebec City, Montmagny or Rivière-du-Loup, but elsewhere in the country.

It is now June 12. The minister obviously did not keep the formal commitment that he made in Rivière-du-Loup when he said that this problem would be resolved when the new procedures were implemented during the first week of June. The summer season, tourist season, is now upon us, and restaurants will have difficulty finding staff. They are wondering how they will find people to clean, wait tables and do dishes. We still have not received an answer.

It seems that the only solution the Conservatives are putting forward for the moment to improve the state of this program is a blacklist of employers who abuse the program. Believe it or not, there are only four companies on that list and they were all added since April 2014. They were added in a panic when the administrative nightmare began, as though the Conservatives were trying to save face at the last minute. It is unbelievable.

What intelligent and constructive measures could the Conservatives have included in this budget? They could have done away with the cuts to tax credits for credit union and labour-sponsored funds. These are extremely useful tools for the economic development of our regions. The Conservatives are attacking our regions with these cuts. They could have simplified the process whereby rural communities request and receive funding for infrastructure projects. Municipal officials have been waiting for nearly two years now to find out what the terms and conditions are for receiving funding under the new Building Canada fund. The government announced $14 billion two years ago, but municipal officials still do not know what it takes to receive funding for their municipalities. They do not know anything about the documentation, the terms or the standards. It has been nearly two years. This is an absolute farce. These issues should have been resolved immediately after the budget was tabled. The list goes on and on.

The NDP will not support this budget because it does not address the real problems and it contains no real solutions.

Report Stage

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, I would like to thank my colleague for his comments and his question.

True, it is not just the size of the bill that is problematic. In 2012, the government introduced Bill C-38 and a number of other omnibus bills totalling thousands of pages. The following year, the government was practically boasting about how the omnibus bill was smaller and contained only a few hundred pages.

It is not so much the size of the bill that we are concerned about, but rather its content. It is absurd that I should be making a 10-minute speech about transportation in my riding as part of our consideration of a budget implementation bill. There is a major problem here.

The members of the Standing Committee on Transport, Infrastructure and Communities discussed the Champlain Bridge, among other issues. Even though the various elements of the bill are considered by the committees responsible for them, the process will not be as comprehensive as it would be if they were studied as separate bills. This is very unfortunate.

Motions in Amendment

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

Mr. Speaker, I always take great pleasure in being able to rise and speak in Canada's Parliament, in our House of Commons.

It is an incredible privilege and honour, certainly to do so on behalf of the people of Skeena—Bulkley Valley, in the northwest of British Columbia. This is a region of the country that is incredibly proud, with its diverse and important history. Also, it has struggled, particularly with regard to creating jobs, and it has watched many of the major sectors suffer.

One of the great abuses that has been heaped on that challenge by successive governments is the inattentiveness to what actual Canadians are concerned about, the proper way to create jobs and wealth in this country.

We have struggled, particularly when we watch governments that grow so arrogant over time that they choose a form of governing that is disrespectful and disregarding of some of our most primary and fundamental democratic instincts.

I have some quotations, because it is not just me saying this about the process we are engaged in here today on this particular bill. Let me quote from somebody sitting in cabinet right now.

Mr. Speaker, here we go again. This is a very important public policy question that is very complex and we have the arrogance of the government in invoking closure again. When we look at the Liberal Party on arrogance it is like looking at the Grand Canyon. It is this big fact of nature that we cannot help but stare at.

That is what the Minister of Industry said when the previous Liberal government used an omnibus bill, this technique of ramming all sorts of pieces of legislation into one. That omnibus bill was one-third the size of the one the Conservatives have just introduced. This must be three times the size of the Grand Canyon with respect to arrogance.

This happens to governments, especially ones that age badly over time, as the government has done. We can look at the list of omnibus legislation over the last number of years. Bill C-13 was 644 pages; Bill C-38, which was often called the pipelines enabling act, gutting environmental and safeguards we have within the Fisheries Act, was 425 pages; Bill C-45, further gutting protections for Canadians, was 400 pages. There was Bill C-4, Bill C-60, and now this one, Bill C-31, at almost 300 pages affecting 60 pieces of law.

I have a stack of quotes from Conservatives, from the Prime Minister to many ministers in his cabinet, decrying the abuse of Parliament that had been done under Liberal majority governments. It seems that they paid too close attention, but took all of the wrong lessons from the previous government. In fact, they took that and somehow tried to normalize it.

We do not think it is normal. We do not think it is proper and good for a government to try to ram these pieces of legislation through, invoking what is called time allocation or closure, shutting down the debate at every stage. In this case, the government shut it down after 20 minutes of debate. It brought in time allocation and said, “That is enough of this whole debate thing, this whole democracy thing. Let us allocate the time and shut down opportunities”.

I remember the Prime Minister, when he was in opposition, decrying the fact that he might only get 10 minutes and that many members of Parliament would not get any time at all. That is exactly what the same Prime Minister is now doing.

That is on the process. It is an absolute farce when the government pretends that any sort of proper oversight was given to this bill. I have sat on the committee, and my Conservative colleagues know full well that as the shutting down of witnesses and debate at committee happens, the government starts racing through pages and pages of legislation. In fact, it had to amend its own bill before it even left the committee stage, because it had made so many fundamental errors. It was going to deprive seniors of some of their pensions, inadvertently.

Constitutional experts that the Conservatives say are the best, like Mr. Hogg, who the Conservatives rely on for advice, have come forward and said there are whole sections of this bill that will not only be challenged in our courts for charter infringement, but those challenges will succeed.

The government is going to introduce legislation that it knows full well is likely to fail a charter challenge, which is going to cost Canadians millions through our tax dollars for all the lawyers that it takes to go through all the series of courts up to the Supreme Court, but it will also cause all the pain and aggravation for those who suffer under a law that is not constitutional in the first place.

This is a movie we have seen before from the government. Time and time again, when we get references for bills that are unconstitutional from all the advice we can gather, the government chooses playing politics over good policy and brings them in anyway.

Let us look at aspects of this 360-page monster.

Let me start with something that is not in here, which the small businesses in Canada were calling for. It was a proposal first put forward by New Democrats in the last election: a small-business hiring tax credit.

Here is the fundamental idea in this very good idea. This was a small-business initiative that Jack Layton and the NDP proposed that said, “Let us help out small businesses in hiring those people, but in giving that tax credit we want to connect it to an actual job being created”. I know this is radical economics over here, where we suggest that if we give a tax credit to the private sector from the public, there should be something in return, like a job created.

The tax credits and the tax breaks that the Conservatives prefer and, to be fair, so did the Liberals before them, in the order of tens of billions of dollars, had no strings attached. I remember Mr. Flaherty, our dear friend, criticizing the private sector for sitting on half a trillion dollars of what is called “dead money”. This is money that had been accumulating in the private sector in the private enterprises in Canada that they were not reinvesting. It was just a hope from the Conservatives: here are the tax breaks to the banks and the oil sector; here is a hope that they will actually do something with the money rather than sit on it or just do stock dividends. They hope that they are going to reinvest it back into research and development, reinvest it back into hiring more Canadians and expanding their business, but there are no strings attached to that deal. The Conservatives were very happy to let that go.

Also, many of those tax breaks were done when the government was running a deficit, so it was borrowed money. As all Canadians know, because they have borrowed money at some point, borrowed money always costs more. It was borrowed money that was then sent to the private sector in Canada with no strings attached.

This was one good idea that over half a million Canadian small business owners applied for and used, this small-business hiring tax credit. We would think that, somewhere in the 360 pages, the Conservatives would have found a way to include that one measure in this budget implementation act. It is one measure that worked, that was being applied for, that Canadian business owners enjoyed, and that had helped create more than half a million jobs in small and medium-sized businesses. However, it is not here.

What is in the bill is interesting. There is the Hazardous Products Act. There are all sorts of changes to how we would handle hazardous products. There are changes to the Supreme Court. There are changes to our privacy rights in this bill.

Extension of Sitting Hours

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, I saw the member for Skeena—Bulkley Valley rising. I am sure he would have pointed out that, according to the Canadian Chamber of Commerce, in 2013, of the jobs the current government managed to cobble together, 95% were actually part-time, and we have 300,000 more unemployed than we did the year before. Therefore, the Conservative government, I guess in keeping with not showing up to evening sessions, is a part-time government. The Conservatives are only able to stimulate the economy with part-time jobs, and that is not even going. I know my colleague for Skeena—Bulkley Valley would also mention the fact that tens of thousands of jobs were lost last month.

We are talking about a government that right now does not seem to be doing much right.

It is rather sad that the government is again moving this motion that it is imposing with its majority. The NDP is always willing to work evenings. There is no doubt about that and we have proven it many times. Every June since 2011, NDP members were always in the House ready to debate bills and provide advice. The problem is that this government does not listen and is not prepared to listen to good advice. I will come back to that in a moment.

We are very familiar with the results. We know that bill after bill has been rejected by the court. The government is then often required to make amendments to the botched parts of the previous bill. The government seems to want to bungle everything, not just services to Canadians, but also the legislative process that leads to the introduction of appropriate bills and proposed amendments to improve bills in order to help Canadians. This process does not seem all that complicated, but it is unfortunately often botched by this government.

I am referring to the Conservatives' use of closure and time allocation motions, which is on par with their use by the Liberals when they were in power. It is appalling that this government systematically wants to shut down debate and deprive members of their right to speak. Each time, 280 members, on average, are deprived of their right to speak. The Conservatives vote for these closure motions. That is ridiculous.

In ridings where a Conservative member was elected—I am not so sure they will be re-elected the next time—that member takes away his own opportunity to speak on behalf of his constituents. The Conservatives say they want to shut down debate and therefore they do not want their constituents in Calgary, Red Deer, Lévis or any other riding to be represented in the House of Commons. They want to shut down debate. Thus, the vast majority of Conservative members seldom talk about the needs of the people in their riding or bills introduced in Parliament.

The Leader of the Government in the House of Commons has just stood up and said that the Conservatives are going to work harder, but that also happened last year. My colleague from Skeena—Bulkley Valley knows what I am talking about. Last year, the Conservatives were not in the House to speak. One evening, there was six hours of debate and only a single Conservative member was in the House to speak. Only one Conservative member spoke in six hours. The government moves time allocation and closure motions, and the Conservative members remain silent instead of speaking.

Members of the NDP, on the other hand, are always in attendance when the sitting hours of the House are extended. We are always there to fight, to improve bills and to solicit comments about bills. Meanwhile, the Conservatives are nowhere to be found. They do not come to the House, or perhaps one of them will show up over the course of the evening. As we said earlier, during the debate on S-12, no Conservative members came to speak about the bill. Not one, and we were there for six hours. What were they doing?

I do not know. It is not as though they were out consulting their constituents. The Conservatives are not here. They are not speaking.

I am going to come back to this momentarily, but the result is that we end up with botched legislation because the government does not listen and the Conservative members do not even speak on behalf of their constituents. Honestly.

We receive a generous salary from our constituents, the taxpayers. We are here to work to help our ridings move forward. I represent the riding of Burnaby—New Westminster. It is my duty to be in the House to stand up for the interests of the people of Burnaby—New Westminster.

If members decide to stop speaking, to systematically go along with the government's time allocation and closure motions and therefore deprive their ridings of the right to speak and if, on top of that, members do not even show up for the evening sessions in the House of Commons to contribute to the debate and the legislative process, then this approach becomes a complete sham.

I am fairly certain—and I would take a bet with any Conservative member—that this year, we will have the same problem as we did last year and the year before: 90% to 95% of the time, the NDP, or sometimes other opposition members, will be speaking and the Conservatives will not even be here.

The reasoning behind this motion does not make sense. The Conservatives are not the ones who will be here working. The Conservatives will not be here representing their constituents. The Conservatives will not be here giving passionate speeches about their ridings. They will not be here.

The proof, as we will soon see, is the way this motion is structured. The way the government decided to structure the motion is evidence of how much it will once again diminish the democratic rights all Canadians value so strongly. Canadians across the country want us to be in the House. They want us to represent them, regardless of where we are from.

For example, my colleague from Sherbrooke is an extraordinary young man, and he does a good job representing his riding. He is always in the House and speaks often. He is here; he represents his riding. He understands how important it is to represent Sherbrooke in the House of Commons. The same goes for my colleague from Hochelaga. Her riding is not the wealthiest riding in Canada. The average family income in her riding is below the average. She is always here representing the people of Hochelaga and talking on their behalf. She gives speeches on the importance of affordable housing. That is because she understands her role as member of Parliament.

Members on the Conservative side, on the other hand, refuse to speak at second reading or at report stage because there is a time allocation motion, and they refuse to show up on evenings when we have extended debates. How can the government expand the scope of its activities when it does not listen and when government members refuse to speak on behalf of their constituents? They refuse to defend government bills, they refuse to take action, they refuse to present amendments and they refuse to offer anything at all when it comes to legislation.

In such circumstances, voting Conservative does not mean a great deal. When people voted for the Conservatives, they voted for members who are controlled by the Prime Minister's Office, not members who rise in the House, defend their constituents' rights and speak on their behalf.

I want to speak to the motion now because I know that many of my colleagues are reading it. We want this to be a useful study of an important motion. For those who are watching, I will go step by step.

To begin, the majority government, as usual, wants to force a decision on the House. Unfortunately, debate and democracy are foreign concepts for the Conservatives.

They are proposing that commencing upon the adoption of this order and concluding on Friday, June 20, 2014, on Mondays, Tuesdays, Wednesdays and Thursdays, the ordinary hour of daily adjournment shall be midnight, except that it shall be 10 p.m. on a day when a debate, pursuant to Standing Order 52 or 53.1, is to take place.

As I said, we do not object to working until midnight. However, what actually happens is that the members opposite rarely show up to speak in the House. Opposition members are the ones who really contribute to the debates, and that is a major problem. If the government listened to us, it would not be problem, but that is not the case.

This has caused many problems with bills in the past. More than once we had to make amendments to botched bills with subsequent legislation, or, again, the Supreme Court clearly indicated that the bills were not in order.

Today, the Conservatives are proposing that we adjourn at midnight, or 10 p.m. if a debate pursuant to Standing Order 52 or 53.1 is to take place. That refers to emergency debates.

My colleagues in the House, including the hon. member for Laval—who works very hard for the people in his riding—and the hon. member for Montmorency—Charlevoix—Haute-Côte-Nord, are always listening to their constituents and are always ready to raise questions that often result in an emergency debate.

A few weeks ago, in fact, an emergency debate was held in accordance with Standing Orders 52 and 53.1. That debate on the kidnapping of young Nigerian schoolgirls by the terrorist group Boko Haram was proposed by the member for Ottawa Centre. Many people from across the country came here to attend the debate, and people were still talking about it when I returned to my riding, Burnaby—New Westminster, last week.

Now the government wants to prevent us from holding emergency debates before 10 p.m. If the Chair decides that there is to be an emergency debate, that debate cannot begin before 10 p.m. For working people in eastern Canada, who have families and work hard, that is late. They will be denied their right to tune in.

It will not be so bad in my riding because of the three-hour time difference. For example, 10 p.m. here is 7 p.m. back home. That is a reasonable time. However, for the vast majority of Canadians, this government motion deprives them of their right to tune in to the emergency debates that will take place in the coming weeks.

Second, when we look at the second clause of this motion, which deals with recorded divisions, we see that what the Conservatives would now do is put in place a voting system that would have votes occur at the conclusion of oral questions, in the middle of the afternoon. This proposal reveals the whole intent of the government.

The Conservatives say that they want to work harder. We have already ripped up that argument by showing that when they said they wanted to work harder that last year, over 90% of the time it was not Conservatives but New Democrats doing the work. Only one Conservative member would show up every night to speak in the House of Commons, so this idea that somehow the government wants to work harder is simply not true.

Paragraph (b) deals with recorded divisions demanded in respect of any debatable motion before 2 p.m. on a Monday, Tuesday, Wednesday, or Thursday. In this case the vote would stand deferred until the conclusion of oral questions on that day, while if a division is demanded after 2 p.m., it would stand deferred until the conclusion of oral questions on the next sitting day.

What the Conservatives would do is basically do away with those evening votes. Not only do they not show up to speak, but they also do not even want to show up to vote. This could be perhaps the laziest motion ever put forward in the House of Commons by the government. It is far from wanting to work harder, as we have shown quite clearly when 90% to 95% of the time it is the New Democrats carrying the heavy load.

We are fine with carrying the heavy load. We come from humble roots and we are hard workers. Everybody acknowledges that, and that is why 90% to 95% of the time it is we who do the hard work in the House.

However, now the Conservatives want to even do away with evening votes. They are saying, “No, that is too hard. It is too hard voting at 6:00 or 7:00 at night. We do not want to show up to speak”.

This is a licence for laziness. That is what the government has brought forward. The Conservatives want to make sure that motions are voted on around question period time so that folks can show up around question period and then do whatever it is that Conservative MPs do in the evening. I have no idea of that.

I should also point out that, in this motion, the same goes for private members' business. Where this motion mentions Wednesdays governed by this order, it says that recorded divisions will be deferred until the conclusion of oral questions on the same Wednesday. As for other private members' business, the motion says that this too will be deferred until the conclusion of oral questions on the same Wednesday. That is the same thing.

This is really a licence for laziness. As we have shown, 90% to 95% of the time, the Conservatives are not the ones showing up to speak in the House. They do not want to vote in the evening, not even on private members' business. They want to curtail all of these activities and make sure that no votes happen in the evening.

What difference will that make? The NDP will still be here working. We work hard. We have a reputation for working hard. We come from humble roots and we represent our ridings well. I know that the members here this afternoon are very hard-working, and we will continue to work hard. Votes, including votes on private members' business, will now be held in the afternoon. That means the Conservative members will have their evenings free.

That is really the problem. As we move through this motion, we see time and time again that this is like a giant recess for the Conservatives. They have structured this so that they do not have to have votes in the evening anymore. They do not show up to speak in the evening 90% of the time, depending on the evening. It is New Democrats who actually put in the representation of their ridings. What we are seeing again is the Conservatives, through this motion, giving themselves an evening off.

The real clue to what the Conservatives are doing, this licence for laziness, is that they will not show up to speak or to vote, but they are telling the NDP that we can do our stuff and speak on behalf of our constituents. They have also proved that they are not willing to listen to the good advice we offer them, which is why they got into so much trouble having to amend legislation they brought forward previously and having pieces of legislation rejected by the Supreme Court. If they had listened to us and to Canadians, they would not be in so much trouble.

The key to this is paragraph (h): “No dilatory motion may be proposed, except by a Minister of the Crown after 6:30 p.m.” The essence of the motion is that Conservatives will not show up to speak in the House of Commons. They will not show up to participate, because they do not do that; they let harder-working members do that. They will also not show up to vote in the evening. They will not show up to vote on private members' legislation, and they will not show up to vote on public legislation. That is why they want the votes after question period, when it is convenient.

That means that the Conservatives are shutting down the rules of the House so that only they can use them. It is incredible. If we had not been through Bill C-23, in which they were trying to cook the next election campaign, it would be unbelievable that after all the decades, a century and a half and more of Canadian parliamentary democracy, a government would say that the rules will exist, but the government members will be the only ones who can use them. Only Conservatives can use these rules. Only a minister of the crown can use these rules.

We will have this period. I know it, because we went through it. The member for Skeena—Bulkley Valley knows it full well, because I think he probably spent more time in this House than any other member. Night after night, there will be no Conservatives here wanting to speak, or maybe one member of Parliament from the Conservative Party will want to speak. However, the Conservatives will not show up to vote, because they are having all the votes deferred to question period, when it is convenient for them, and they are now saying that all the rules of the House apply only to them. Only they can use them. They are basically putting handcuffs on every single member of the opposition. They are saying that only a Conservative can use the rules that normally function that make this democratic place a democracy. Only the Conservatives can use them. It is unbelievable.

If we had not been through the unfair elections act, where the Conservatives were trying to subvert the next election campaign, we would actually think this could not be Canada. These are not Canadian values. That is what they are doing. They are putting in, and writing it out so that any Canadian can see, “No dilatory motion may be proposed, except by a Minister of the Crown after 6:30 p.m.”

This is not an approach to try to work harder. The Leader of the Government in the House of Commons was trying to slide that by us a little while ago, and we simply do not believe it. The evidence simply shows that this is not the case. Conservatives will not be showing up to speak in the House. They did not last year. They did not the year before, and 90% to 95% of the time they let the heavy lifting be carried by New Democrats. We are strong, we are tough, and we do not mind doing it. We will do an even better job in 2015 once we are the government. That is when we will really see changes, when the heavy lifting actually benefits people directly through good governance.

I can tell members something else we will not be doing. It is what I mentioned half an hour ago.

I am enjoying this. I am not sure when I am going to sit down, actually. I think my colleagues from the NDP are appreciating it too.

I just want to mention what happens when due diligence is not done. Conservative members should know this, but they are muzzled. They vote for time allocation and muzzle themselves, so they do not actually speak on legislation in the House. There are 280 MPs, on average, who have their right to speak on legislation ripped away every single time, the dozens and dozens of times, the government has used closure techniques. Sometimes it calls it time allocation, but it amounts to the same thing; it is closure. Every time the government does it, 280 MPs, on average, are denied their right to speak. They do not show up to the evening session to speak. One does, and that is normally it. Then 90% to 95% of the heavy lifting is done by the NDP.

What is the result of this? I will give three examples. I could give tons of examples. I could probably speak for 14 hours on bad, botched Conservative legislation. I could do that, Mr. Speaker, and I am sure you and the public would find it interesting, but eventually we are going to have to go to question period. I am going to mention only three examples.

The Conservatives rammed Bill C-38 through the House without due care and attention and without showing up for evening sessions. Bill C-38 was one of the omnibus bills. The member for Skeena—Bulkley Valley raised major concerns about it at the time. The Conservatives botched the bill. They botched it so badly that the next bill they introduced had to fix the mistakes they made in the first bill. They rammed Bill C-38 through the House with time allocation. It was omnibus legislation, which was quite all right, except it was wrong. It was badly botched in a way only the Conservative government could do it.

It was so badly botched, the government had to introduce another piece of legislation, Bill C-45. Bill C-45 had to fix all the problems in the previous bill. Was that a good use of taxpayers' money? Was it a good, use of this legislative process? The government rammed through Bill C-38 but botched it so badly that it had to bring another piece of legislation in to fix it. That is like bringing one's car in to get fixed and driving off without the wheels. It is incredible. We went through another process, with Bill C-45, to fix what was wrong with Bill C-38.

That is just a snapshot of how the government handles legislation. It is like the guy who has a hammer and thinks everything is a nail. Conservatives think everything is pavement and they can steamroll over all of it, except that when legislation is badly botched, there are consequences.

That brings me to another piece of legislation, Bill C-4. It is the same kind of thing. The Conservatives tried to throw a whole bunch of things in the bill, a laundry list, except that the Supreme Court rejected part of that legislation. As we know, the Leader of the Opposition has been raising this repeatedly in the House.

We have a problem whereby botched legislation leads to more time wasted, because the Conservatives have to introduce other legislation to fix the bad legislation they forced through in the first place without listening to the NDP. If they had listened to the NDP, they would not have had the badly botched legislation in the first place. If they do get it through the House, then, as we saw with Bill C-4, the Supreme Court says, “Sorry, you badly botched this legislation and it is not constitutional”. As a result of that, we have to reject part of this legislation.

This is the real problem. It is not that the government, as it likes to say, does its job and produces a quantity of legislation, so everyone should give it a pat on the back. It is bad legislation in so many cases. It is legislation that has to be fixed. New Democrats always offer the amendments and the fixes. We are always there to try to direct the government. We often feel as if we are trying to direct a puppy, because it seems to get distracted often.

The reality is that the work the government does should be very important. The legislation the government presents in the House should be very important. There should be a proper legislative process. There should be amendments that are considered. There should be a process people can actually respect. That is not what happens under the government.

The government just throws legislation out without due respect for parliamentary traditions. It refuses to listen to the opposition to develop the legislation so that it can actually accomplish what it purports to set out to do when it puts the legislation on the floor of the House. The government will not take amendments, will not listen to debate, actually shuts down the debate, and rams legislation through. This costs Canadians enormously.

Every time the government has to provide new legislation to fix the old legislation, and as has happened a number of times in the past few weeks, every time the Supreme Court says that what the government is doing is simply not constitutional, it costs Canadians.

We have this motion that is a licence for laziness. It dismisses Conservatives from voting in the evening. It dismisses Conservatives from having to participate in debates that are actually quite important, because that is how we get legislation fixed, particularly the shoddy legislation the government tends to present in the House.

Now we have a government that has such profound arrogance that it says, quite clearly, “No dilatory motion may be proposed, except by a Minister of the Crown”, which means that no dilatory motion may be proposed except by a Conservative, except by a minister of the crown, after 6:30 p.m.

What the government is doing, at the height of its arrogance, is saying to Canadians, “Hey, we are just going to run this government, this country, exactly how we want, and we do not care about the consequences”.

We care about the consequences. We care when we see shoddy legislation that has to be corrected, and it takes months of work, because the government did not get it right in the first place. We care when the Supreme Court says that what the government is doing is unconstitutional.

We care when we see, right across this country, growing concern about the government's arrogance and its attacks on a whole host of institutions, not just in the elections act but in the attack on the Parliamentary Budget Officer, the Chief Justice of the Supreme Court, and Sheila Fraser. How could anyone attack Sheila Fraser? The Conservatives have been doing just that.

When we see all those attacks, we see a government that has simply done its time. It no longer has any sort of legitimate agenda but just wants to lash out at its perceived enemies and wants to set a perception that is simply not true.

With this motion, this licence for laziness, Conservatives get off scot-free. They do not have to vote in the evening. They do not have to show up in the evening. The government has said it is going to handcuff every single member of the opposition to their desks and not let them use any proper parliamentary procedure after 6:30 p.m. Only the government can.

That arrogance is something Canadians are becoming increasingly aware of. That arrogance is something Canadians are saying they have had enough of. In the most recent poll, the Prime Minister had an approval rating of one-third of Canadians. Two-thirds of Canadians disapprove of the work he is doing.

The leader of the Liberal Party has falling approval levels, but he did better. It was 50/50.

The top approval level in the country is for the Leader of the Opposition. Two-thirds of Canadians see his work in the House of Commons and approve of it. They see him as strong and as defending Canadian democracy.

That is what we are going to continue to do. We are going to ensure that legislation is effective. We are going to continue to speak out and work hard on behalf of our constituents. We are looking forward to that day, October 19, 2015, when we can get rid of the government and start having an NDP government that is going to fully respect our democratic traditions here in the House of Commons and right across the country.

First Nations Control of First Nations Education Act

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am privileged to stand in the House to speak to a bill that is extremely important to the people who sent me to Parliament, first nations and indigenous people in northern Manitoba, and of course, first nations people across our country.

I want to begin by speaking about the reality that first nations youth face in communities in our part of the country. Some weeks ago, I had the opportunity to visit Little Grand Rapids. Little Grand Rapids is a small first nation on the southeast side of Lake Winnipeg. It is isolated. There are no roads that go there; it is in the middle of the forest, or the bush, as we call it. People work hard at what they do, hunting, trapping, fishing, and they hope for the best for the future of their kids, as anybody does.

What I hear from them when I visit from house to house is their concern for their kids, the concern that their kids are not going to have the same opportunities as other kids. It is not because of where Little Grand Rapids is, how far it is from the city or where it is positioned geographically. It is because it is a first nation, and they know their kids face some of the most unequal opportunities in terms of education in this country. Because they are first nations, going to school on reserve, they are guaranteed to be going to a school that is funded to a lesser extent than other schools.

What does that mean? It means that their kids go to a school that some people describe as a fire trap. It is a school where the doors do not lock properly. In order to lock them in -40° weather, so the cold does not come in, they have to a use a chain and a lock. It means the fire alarm system does not work. In fact, when Aboriginal Affairs and Northern Development built the school, it hooked up those little fire alarm contraptions that we see everywhere else. It put them on the walls throughout the school and never hooked up the wiring to a fire alarm system. Guess what? There is no fire alarm system. Not only is there no fire alarm system, but as a result there is no sprinkler system, and due to the underfunding, there are no fire extinguishers.

My question in the House for the Minister of Aboriginal Affairs and Northern Development is whether he would be okay with his kids going to a school like that. Why should the youth of Little Grand Rapids and first nations across this country go to schools that are dangerous, underfunded, falling apart, and full of mould, that do not have enough books, do not have enough teachers, and do not have enough resources, and that are setting them up to fail?

When we talk about the history of colonialism and paternalism that first nations have faced in this country, we cannot just talk about history, because it is happening today. It is happening in the way first nations people face unequal standards across the board, whether it be education, health, employment, housing, or infrastructure. The list goes on.

To see what is most fundamentally clear in the response to the needs of first nations youth and the kind of paternalism we see, one has to go no further than the approach the government has taken on Bill C-33, the first nations education act. The reason I say that is that a fundamental obligation of the federal government to consult with first nations people has not been adhered to in the development of this critical bill.

First nations across the country, certainly those in Manitoba, have been clear that, without consultation, the bill cannot be supported. It is not because they have not made clear the importance of consultation. They have made it clear and have been consistent over the last number of years.

In December 2012, Aboriginal Affairs and Northern Development Canada began consultations on an education act. In July 2013 the department released a document called “Developing a First Nation Education Act: A Blueprint for Legislation”. With few amendments, that blueprint became a draft legislative proposal for a first nations education act in October 2013. I am sure all too many members of the government will remember that the draft proposal was condemned by first nations educators, leaders, and activists overwhelmingly.

On the very issue we are discussing today, on the critical issue of education for first nations, first nations have told us the direction they want to take and their priorities.

In 2013 a special assembly the Assembly of First Nations highlighted five priorities: first, respect and recognition of inherent rights and title, treaty rights, and first nations control of first nations education jurisdiction; second, statutory guarantee of funding; third, funding to support first nations education systems that are grounded in indigenous languages and cultures; fourth, mechanisms to ensure reciprocal accountability and no unilateral federal oversight or authority; and fifth, ongoing dialogue and co-development of options. Those five priorities were laid out clearly in a very public manner by first nations themselves, and sadly, the federal government failed to adhere to those priorities.

What we hear from the federal government is rhetoric that is at first premised on having spoken with first nations and of having heard real concerns. Then when I and my colleagues raise the concern that first nations across the country have not been consulted on this legislation, when they need to be consulted, we hear threats, intimidation, and the same old colonial attitudes that first nations have put up with for centuries.

It is clear that first nations across this country are saying no to the first nations education act. I and my colleagues in the NDP are proud to stand with them. I am proud to stand with first nations educators who are speaking out against the first nations education act.

I would like to share the words of Janice Mokokis, an educator and lawyer from Alberta, who has been involved with the Idle No More movement. She has been clear in her opposition to the first nations education act. Janice tells us:

There have been rallies and teach-in's held across the country to inform the Canadian public and First Nations about the implications of this Bill. People who have attended the rallies include children, mothers, fathers, teachers, professionals, leaders and those that would be directly affected by this...[government's actions]. There has been consistent opposition about the Conservative's agenda what they deem to be good for First Nations on Education. The Conservative's idea of 'consultation' needs to be closely questioned and critically examined. For example: In the Saskatoon consultation, people were...pushed out of the 'education consultation'.

It was made clear that they were not welcome to have their voices heard.

I also stand in solidarity with people in the blue dot campaign, who made clear their opposition to the government's desire for them not to be welcome at the announcement on the Kainai first nation in Alberta. Members of that nation and first nations people from across the country were there to hear an announcement of legislation that has everything to do with their future, and yet they were not even welcome to stay in the room.

It is clear that there is opposition from coast to coast to coast. First nations people are saying that their inherent rights are not being respected, that their treaty right to education is not being respected, and that the right to consultation that they have under the Canadian Constitution and that is recognized in the UN Declaration on the Rights of Indigenous Peoples is not being respected. The necessity of consultation is not being respected.

The reality is that first nations youth sit by and suffer as a result of the way the Conservative government is approaching a fundamental part of their development and future. We know the statistics are grim. Secondary school data over the last number of years identify the rate of first nations graduation at approximately 36%, compared to the Canadian graduation rate of 72%. Some 61% of first nations young adults have not completed high school, compared with 13% of non-aboriginal people in Canada.

In 2010, there were more than 515 first nations elementary and secondary schools available to approximately 109,000 first nations students resident on reserve. Over 64% of these students attended 515 on-reserve schools operated by first nations. The majority, 75%, were enrolled in either kindergarten or elementary school.

First nations youth is the largest young population in our country. I am so privileged to have had a chance to visit first nations across our region and look into the bright faces of these little kids, who want to be doctors, lawyers, teachers, and carpenters and who want to do great things. All I can think of is the way I come to work every day to look at a government, a Prime Minister, and a Minister of Aboriginal Affairs and Northern Development that do everything in their power to ignore the voices of their communities, educators, and leaders. They say they are doing the right thing and they say they are going to do the right thing, but after the next election, maybe in a few years, or maybe if they get re-elected. Maybe. All the while, these young people are left in limbo.

I am also fortunate to have learned from elders. They are elders who fought as part of the Manitoba Indian Brotherhood, fought against the white paper, and fought against the control that the federal government had on their education. They fought back, and they fought for first nations control of first nations education. Many of these elders are not with us today, owing to the challenging life situations in our communities and the shorter life spans that first nations people have. However, in my conversations with them and in my journey to Parliament, they taught me a very clear lesson, that first nations control over first nations education is fundamental to the success of the education system. It is fundamental to the success of first nations youth as they go forward. This is because first nations know what their nations need.

We know about education in first nations language; youth who learn their first nations language succeed at great rates. We know that when they have the resources in their schools to learn their mother tongue, the historic language of their people, they will have opportunities that other youth do not have. We know that when first nations have control over the kind of curriculum, priorities, and lessons that are shared with their youth, their students succeed.

I think of first nations like Roseau River, Peguis, Fisher River, and others that have had very successful models when it comes to education. It is not because the Minister of Aboriginal Affairs and Northern Development told them how to do it. In fact, it is the absolute opposite. It is these first nations that have stood up and sometimes, with the few resources they have, pulled together extraordinary people. They have supported the education of their youth, who have gone on to become experts and specialists in education and have come back to their communities and invested in the resource that is most important to them: their youth.

One would think that, in seeing the successes and knowing the way graduation rates in first nations increase when there is proper funding and proper support, when there is a focus on first nations language, the Department of Aboriginal and Northern Affairs would celebrate, that it would say that first nations control over first nations education is critical.

Consulting with first nations on further steps, on a first nations education program, is not only critical but first nations need to be leading that direction. Instead, what we have is a slap in the face from the federal government, which has a fiduciary obligation to first nations that makes it very clear that it does not matter what success these students have, it does not matter what success these leaders have had in fighting for education in their communities, with its response to promise action and change and to do that with a father-knows-best mentality, that what it knows best is what is going to go.

Some years ago I had the honour of sitting with leaders and grassroots people in Thompson at the office of the Manitoba Keewatinowi Okimakanak, where we saw live the apology the Prime Minister made to first nations people about the tragedy of the residential school system. I remember it moved all of us. I am proud that our leader Jack Layton was integral in that important historic day. There were tears. There was sobbing. There were people who were very emotional about that apology, people who had been very clear about the abuse, the oppression, and the racism they had faced. However, there was also an overwhelming sense of hope, hope that things can change, that a new spirit of reconciliation was guiding our country.

Over the last six or seven years, I cannot say how many people I have met across northern Manitoba, how many first nations people, who have said obviously that apology meant nothing to the Prime Minister. People took the time to believe and to enter into that spirit of reconciliation. Unfortunately, through the actions of Prime Minister, not just in looking at Bill C-33 but also Bills S-2, S-6 and S-8, as well as omnibus bills like Bills C-45 and C-38, we can look at the long list of legislative actions that the government has taken that fly in the face of that apology, of that spirit of reconciliation, of that commitment that the relationship with first nations would be different.

At the end of the day, is there anything more important than investing in the future of our young people? In the one area of education, the federal government had the chance to change course and maybe remember the statement that the Prime Minister had made in terms of that apology and act in the spirit of that apology. Instead, he and his government have chosen to take a very different approach, an approach that is clearly not only supported by first nations but is extremely deeply problematic in terms of the future of first nations education in our country.

In closing, I am proud to stand with first nations in Manitoba who oppose the first nations education act and who are very clear in demanding far better from the government, from Canada, and from the crown when it comes to the future of education for first nations.