Jobs, Growth and Long-term Prosperity Act

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

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-38s:

C-38 (2022) An Act to amend the Indian Act (new registration entitlements)
C-38 (2017) An Act to amend An Act to amend the Criminal Code (exploitation and trafficking in persons)
C-38 (2014) Law Appropriation Act No. 2, 2014-15
C-38 (2010) Ensuring the Effective Review of RCMP Civilian Complaints Act

Votes

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

The BudgetStatements by Members

June 1st, 2012 / 11:05 a.m.


See context

NDP

François Pilon NDP Laval—Les Îles, QC

Mr. Speaker, two weeks ago, in the course of my duties, I had the opportunity to visit two western Canadian provinces. Even there, people were appalled by the Conservatives' mammoth Bill C-38.

Last week in my riding, people were even angrier. This bill amends or repeals laws that directly impact my Laval—Les Îles constituents: old age security, cuts to environmental agencies and changes to the Employment Insurance Act, to name but a few.

My constituents are furious. Day after day, they tell me that, when the next general election comes around in 2015, they will elect a government that listens to workers, Canadian families and all Canadians. In October 2015, they will elect an NDP government because we are fit to govern.

HousingAdjournment Proceedings

May 31st, 2012 / 5:30 p.m.


See context

NDP

Marie-Claude Morin NDP Saint-Hyacinthe—Bagot, QC

Mr. Speaker, before the budget was tabled, I asked the minister what she intended to do when a number of financial agreements between the federal government and housing co-ops and non-profit housing organizations expire.

She replied that the government was making investments in new social housing, including renovations for 21,000 seniors and 415 projects for persons with disabilities. However, I have still not been given an answer about existing social housing.

Almost all social housing built before 1994 was covered by long-term financial agreements with the federal government. These subsidies ensure that low-income renters can pay rent that is geared to income. With the expiry of these agreements, many renters will suffer because their rents will double or even triple.

There is nothing for social housing, nothing for affordable housing and nothing for the renewal of operating agreements for housing co-operatives and non--profit housing organizations in the 2012 budget or the famous Bill C-38, which is a real Trojan Horse.

There is nothing to help the more than 1.5 million households, or 13% of all Canadian households, that have core housing needs or that do not have access to decent housing that they can afford. The 21,000 people who received help from the government represent just 1.4% of all households that do not have access to affordable housing.

I have a hard time believing the government when it says it is investing in social housing. What is more, the budget makes no mention of social programs, including homelessness and housing, although there is a real need.

The City of Montreal, the Union des municipalities du Québec and the Federation of Canadian Municipalities all made requests of this budget, but all those requests were ignored. Unfortunately, there is still no long-term investment plan for housing. A petition was tabled in the House of Commons two weeks ago calling on the federal government to provide the necessary funding to renovate, improve and modernize all social housing.

I would like to know why the federal government did not allocate any funding to social housing in its budget, in order to help renters affected by the end of these subsidies. At the same time, I would also like to respond to the parliamentary secretary's question about why the opposition never supports the government's initiatives in the area of social housing.

I would answer that it is impossible for us to support initiatives that will help only 21,000 people, when there are over 1.5 million households that need assistance. Conversely, why does the government present initiatives that do not meet the needs of more Canadians?

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 4:55 p.m.


See context

NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I would like to start by saying that I have the honour of sharing my time with the hon. member for LaSalle—Émard.

Today we are discussing the motion regarding the proposed changes to the employment insurance system. This motion is a wonderful initiative from my colleague from Hamilton Mountain. This issue is very important to the people in my riding of Chambly—Borduas, who are concerned for many reasons that I will list today.

The first reason is that the changes will require daily proof of job searches. At the same time, job seekers will receive job offers via email. I addressed this issue earlier by asking a question to my colleague, but I would like to discuss it a little more.

In my riding, one of the municipalities, Marieville, is experiencing a problem that many citizens and even the mayor, Alain Ménard, have had the opportunity to tell us about. It is a matter of access to the Internet. This is not a rural municipality; it borders the greater Montreal metropolitan area, on the south shore. People have noticed a big problem. They have tried to get help from the CRTC to improve digital Internet services in the region. Increasingly, different types of Internet services are being required, and people in rural areas have a hard time accessing them. This is particularly true in Marieville, which is in my riding.

The reason why this is relevant here is that, as I said, we are talking about sending job offers by email, but not everyone has access to the Internet. It goes without saying that, often, people who have lower-paying, less stable jobs—which is often the case for people who are receiving employment insurance benefits—cannot necessarily afford Internet access, even if they live in urban areas where Internet access is easy to obtain. It is therefore hard to see how these job offers will help people.

It is said that people who cannot afford to pay for Internet access can go to the municipal library, for example. However, this presents another problem that was again pointed out to me by the people of my riding and that has to do with the municipal library in Saint-Basile-le-Grand, where I live and where my office is located.

The municipal library offers excellent services, but, unfortunately, it is going to have to reduce the services and Internet access it provides as a result of cuts to the community access program. This was an excellent program that was renewed every year in the budget. It did not just help community organizations, but also municipal libraries. These are very important tools for young people and people with low incomes who cannot always afford such luxuries.

When cuts were made to this program and this service was reduced, once again, people found themselves in a situation where they have one less way of accessing the Internet. This is one of the problems. When we look at the problems this is creating in my riding, we can see why these changes are of such great cause for concern.

The other situation, which my colleagues have addressed many times today in the House, and which I will address again to discuss how it applies to my riding, is seasonal work in tourism, agriculture and other areas. Workers in these sectors have to rely on employment insurance during the off season, especially in tourism, which is very significant in my riding. I am thinking about the city of Chambly, where one attraction is Fort Chambly, a Heritage Canada-recognized site run by Parks Canada. Many tourists from across Canada come to see it. From what we heard in the Standing Committee on Canadian Heritage a few weeks ago, it is one of the most visited Parks Canada sites in the region and in Quebec during the summer.

Jobs there are filled by seasonal workers, who work in tourism of course because many of the tourism programs do not operate during the winter.

These people will not only have to look for another job, but they will have to accept a job that pays less than Parks Canada has been paying them at Fort Chambly.

What is more, in the same bill, the Trojan Horse that is Bill C-38, the government also proposes cuts to Parks Canada that will cause even more problems at Fort Chambly. They knew for weeks that there would be significant cuts to this heritage site in my riding.

This heritage site is suffering a double whammy, not to mention the negative impact on the employees who work at this site during the summer season.

Aside from tourism, there is also agriculture. Although my riding is located between urban and rural regions, on the south shore of Montreal, there are still some farmers in my riding. The work they do is extremely important. This work is very interesting, because it is focusing on sustainable development. These people will have to cut back on their work in this extremely important field for environmental reasons. Their system will have to be completely transformed in light of the proposed changes. I am thinking in particular of wine producers and all kinds of agricultural producers who are not necessarily in my riding but who are in the greater Montérégie area. This will have a negative impact on them.

Incidentally, up until now, I have focused mainly on employers—people who provide services. We often hear that workers have contributed to this system and that they are entitled to use it, but the employers have also contributed to this system and have the right to be defended.

Therefore, it is important to point out that employers will also be punished by the proposed changes. Some will have to close their doors or points of service because the people they depend on to do the work will not return to their former jobs if they are forced to look for other seasonal jobs. At some point, workers will want a certain amount of stability.

If I leave my seasonal job for minimum wage work that is more regular, as required by these changes, it is hard for me to see why I would jump from job to job. This will also punish employers. I believe that it is very important to point this out.

Many business people came to my office to see me this past week, after these changes were announced. Before I am told that it is not true, I would like to give a specific example. I had the opportunity to speak with Ms. Larose, whose husband, Mr. Bélisle, owns a company in Mont-Saint-Hilaire, in my riding, and employs six seasonal workers. The company is called Irrigation Pro-Jet and it will have to close if the proposed changes are introduced. That is the perspective of one businessman.

Small and medium-sized businesses will be adversely affected, and workers will also be negatively impacted.

It is extremely important to point out the negative impact this will have on small and medium-sized businesses and on employers. I hope I have refuted the specious argument that we do not defend employers' interests. It is in their interests as well to prevent these changes.

That is why I am proud to support the motion of my colleague from Hamilton Mountain and to oppose these illogical changes that are harmful to our society.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 4:40 p.m.


See context

Liberal

Lise St-Denis Liberal Saint-Maurice—Champlain, QC

Mr. Speaker, in Bill C-38, the Conservative government is attacking Canada's employment insurance system. Not content with gutting almost all of our country's social programs, the Conservatives have decided to make yet another reform, without consultation.

Employment insurance plays an essential role in this country by providing a safety net, as flimsy as it may be, to protect against the ups and downs of the market economy. Canada is such a large country that fluctuations in the economy generally create some degree of dissonance from one region to another. Thus, the realities of the fisheries on the country's east coast have little to do with those on the west. The same holds true for forestry development and the tourism-related service industry.

We have always been faced with regional disparities, which become less pronounced in periods of prosperity and more pronounced in periods of crisis. Thus, the unprecedented economic crisis that western economies have been experiencing for the past few years has served only to further accentuate the economic difficulties of some regions of Canada. No one here, in this time of crisis, has spoken about maintaining the status quo in applying the Employment Insurance Act. As legislators, members of Parliament in this House are all aware of their responsibilities, which are all the more important in these times of fiscal restraint.

However, questioning the employment insurance system in this time of crisis cannot be done without a minimum amount of consultation with subject matter experts, the political class concerned and the social groups that provide front line, essential services to people who are looking for work.

The Conservative government is forgetting the human tragedies resulting from the loss of employment in the regions. The thousands of unemployed workers who are receiving employment insurance benefits are getting only a fraction of their former salaries, which negatively impacts the resources available for community development.

This most recent EI reform, which attacks labour force mobility and the prerogative of job seekers to use their skills, does not take regional realities into account at all. What is more, the change to the definition of suitable employment ignores the minimum measure of dignity that must be included de facto in this type of program.

We built these programs to help the unemployed and meet the minimum needs of individuals and communities in crisis. Today, the current government is attempting to redefine the relationship between citizens and the state by introducing fundamental ideological messages within these reforms of Canada's social security system. The government does not have the mandate to redefine the role of the state and the social programs that are definitely part of our national identity. Our mandate is to make the country work in spite of the inherent differences resulting, in part, from its vastness.

This employment insurance reform is an attack on seasonal workers, and will force them to move in order to take jobs for which they have few or no qualifications. The government wants to force people, by imposing mandatory wage cuts for the jobs to which they apply, to go into areas of the labour market that are foreign to them. The fisher or forestry worker must now redefine suitable employment and trust an employment insurance system that denies the seasonal economic reality of these industries. The Conservative government is introducing reforms without serious studies of the economic and social consequences.

By reducing administrative employment insurance appeals, the government is ensuring that any impulse to appeal is nipped in the bud. The government is saying no to consultation and no to appeals.

On the east coast, in Quebec and the Maritimes, large sectors of our economy are subject to seasonal employment rules.

The Conservatives' announcement on EI reform upsets an already precarious balance for the people working in the fishery, forestry and tourism. Failing to consult local decision-makers, economists, the opposition and social groups about this reform shows the Conservatives' lack of sensitivity toward the regions and reveals beyond a doubt their ideological rigidity that draws on theories from another century that are no longer current in a complex and ever-changing world.

Changing employment insurance without consulting the local communities is contemptuous and disregards the historic reality of this country and its regions.

We cannot forget the successive structural crises that have affected our fisheries and our forestry and held them hostage in the international regulatory no man's land for which the Conservatives have such an affinity.

Legislating the changes proposed by the Conservatives without consulting Canadians is symptomatic of a government that relies blindly on market forces.

We have a duty to bring in reforms, because the government must be the people's watchdog when it comes to crises that shake up the world every so often. We must bring in these reforms while remaining focused on restoring regional economies, which have been abandoned by this government, which still believes in the principle of natural justice at a time when government intervention is crucial to social cohesion.

In closing, I would remind the members opposite that our economic performance today and our national security depend heavily on a government that engages with its people and its institutions. Believing that these EI reforms will fix regional inequalities and give jobs to the unemployed is magical thinking.

Before making any changes to the EI system, the Conservatives have a moral obligation to help rebuild the regional economies that have been devastated by globalization, technological changes and environmental degradation. The proposed EI reforms are unequivocal proof of this government's lack of vision and realism. Furthermore, this reform could deprive regional economies of the temporary foreign workers needed to work in seasonal industries.

This extremely symbolic displacement of workers forced to apply for jobs within a one-hour commute of their homes will affect the structure of seasonal employment in the regions. Without a doubt, we need to examine the costs involved in this kind of reform, by highlighting the real economic contribution that seasonal jobs make to our communities, and to work on creating economic programs that will support local economies.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 4:10 p.m.


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NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, I am very pleased to rise in the House today to speak in favour of the motion put forward by my colleague from Hamilton Mountain.

There are many grounds for such a motion, but I want to situate the Conservative government's effort to restrict access to EI in a broader and historical context that is as something that is ruinous for our country, that is harmful to so many of our citizens and that has to be abandoned before we lose sight of the kind of country Canadians hope for and deserve.

In doing so, I want to talk about the very real impacts of these proposed changes on the city in which I live. That is Toronto.

Urban communities have a specificity, which warrants special consideration when we talk about employment insurance, and Toronto has a particular place in this story.

I will begin with this proposition, which I hold to be true and the vast majority of Canadians, irrespective of their own economic status, hold to be true.

If there is a symptom of what ails our country, it is the re-emergence of income disparity. I say “re-emergence” because, yes, we have seen these conditions co-exist before, private affluence and largely public squalor, but many decades ago.

Those who previously recognized the injustice of this, and the generation or two that succeeded them, made great efforts to escape such circumstances by erecting barriers against income disparity.

Employment insurance was one of those very important barriers erected for this purpose, but now the Conservative government, freed from the constraints of minority government status, is returning us to that place.

To be fair, we have been trending in this direction for a while now. The current government, in many respects, is following in the footsteps of those that came before it. I have spoken in this House a number of times before about how this trend has reshaped my city socially and economically over the last number of decades.

Periodically, this trend seems to be accelerated. Certainly this was done by the savage budget and EI cuts of the Liberal governments in the 1990s. And, certainly it has been accelerated by the corporate tax cut schedule, initiated by the Liberal government, but gleefully picked up, extended and implemented by successive Conservative governments. Now, with the current government and Bill C-38, the foot is firmly planted on the accelerator, hurtling this country downhill, back to a place we wisely made efforts to escape before.

To be sure, it is not all about what is in Bill C-38. Just two nights ago we were all here in this chamber to witness another assault on free collective bargaining, another effort by the Conservative government to undermine the very deliberate, purposeful role that unions play in ensuring the redistribution of corporate surplus to working people and to the creation of a middle class and the consequent revenue base to sustain the kind of goods and services that are properly delivered to Canadians by government; health care and public pensions being the most obvious of these.

The condition of extreme income disparity is certainly a fully Canadian one these days. Canada has the seventh greatest level of income disparity among the OECD's 29 member states, as we know.

However, it is in urban communities in particular that we see affluence and poverty existing cheek by jowl. The condition that afflicts us is most conspicuous by the near and sometimes total absence of infrastructure across great expanses of urban space. We have come to a point in our collective impoverishment where we talk about the existence of food deserts in the city of Toronto.

This social and economic reshaping of our cities reflects dramatically changing labour markets across the country and particularly in Toronto. In the past 10 years, there has been a 59% increase in the number of temporary and contract jobs across the country. These changes have been particularly acute in Toronto, where there has been a 68% increase.

While Toronto had lost well over 100,000 manufacturing jobs before the recession, it has seen a dramatic increase in the number of jobs paying less than $10 per hour. This has led to the rapid increase of working poor in Toronto.

While the Conservative government has taken the position that there is no such thing as a bad job, let me quote from the Metcalf Foundation's recent report entitled, “The 'Working Poor' in the Toronto Region”.

It states:

Although work can provide a ladder out of poverty, this is not always the case. In the Toronto Region, an increasing number of people are both employed and living in poverty. The highest concentration is found in the city of Toronto. We call them the working poor. They live in a region with the highest cost of living in Canada.... They live in a region with the second most expensive housing market in Canada. In this high-cost environment, earnings from a job – even full-time – may not be sufficient to escape poverty.

Indeed, it is not. What we have seen in the Toronto region is an increase in this population of the working poor of 42% between 2000 and 2005, which again is pre-recession.

Employment insurance has failed to stem this tide of income disparity. What has become clear is that employment insurance rules have not kept up with shifting labour market realities. Professor Leah Vosko expressed this succinctly in her report in support of the Mowat Centre's recent study on employment insurance. She said:

A notable overarching finding is that EI’s entry requirements disfavour part-time workers. For instance, in urban areas and metropolises, where entry requirements tend to be highest, more than 50 per cent of workers in this group do not meet the 700 hour threshold.... Insensitivity of regular benefit requirements to the changing nature of employment in this formula contributes to disentitlement of workers falling outside the norm of the full-time permanent job in low-unemployment regions where workers in part-time and temporary forms of employment face high entry requirements.

In Toronto, fewer than 25% of unemployed workers are actually eligible for EI benefits. This is far less than the national average for eligibility, which hovers just above 40%, which is a problem in and of itself. It also compares, woefully, to the pre-Liberal reform levels, when 56% of the unemployed workers in Toronto were eligible for EI benefits and nationally were somewhere in the range of 80%.

It is into this context of these social and economic conditions, of people trying to find work, of people working but still in poverty, of people having nothing to catch them when they fall out of work, that the current government sees fit to tighten eligibility for employment insurance to force people into jobs that would not allow them to keep themselves or their families out of poverty.

How does this make any sense? How in the world can this be considered to be wise policy? In whose perverse economics text can one find such prescriptions for building a prosperous society? In whose strange imagination is this reflective of the kind of society we should be building here in Canada?

The fair and just thing for us to do in our role here is to amend EI, but in a manner that would provide meaningful income security to Canadians in all parts of this country in all labour markets when they lose their jobs, in a manner that would allow Canadians to maintain their dignity in the face of misfortune, in a manner that would facilitate and expedite re-entry into meaningful, productive and, yes, good jobs, and in a manner that would build a barrier against that which ails us most in this country these days: income disparity.

These are the kinds of policy criteria that reflect the generous, compassionate and prosperous Canada that Canadians really want us in this place to build.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 3:25 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we must recognize that there are literally tens of thousands of seasonal jobs of many different variations. These are good jobs that Canadians have depended on for many years. What the government has done is it has gone through the back door on Bill C-38 and has tried to make significant changes that will destroy lives, that will cause a great deal of anxiety for not only the individuals directly affected, but also for their family members.

Would the member provide her thoughts with regard to how this will be damaging for many smaller rural communities in particular that are very dependent on seasonal industries for their survival?

The EnvironmentOral Questions

May 31st, 2012 / 2:30 p.m.


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Thornhill Ontario

Conservative

Peter Kent ConservativeMinister of the Environment

Mr. Speaker, I remind my colleague opposite that legislative improvements to the Canadian Environmental Assessment Act in 2010 did go some distance toward eliminating duplication in environmental assessments. However, we would build on that with Bill C-38 and we have introduced timelines. We would also contemporize processes under the National Energy Board and the Canadian Nuclear Safety Commission. We would strengthen and improve what was already in place.

The EnvironmentOral Questions

May 31st, 2012 / 2:30 p.m.


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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, the problem is that it is now 2012.

Other Conservatives are against Bill C-38, including voters and the hon. member for Kootenay—Columbia.

The government claims that overlap in federal and provincial jurisdictions is creating delays and unnecessary costs. That is absolutely not true. An internal document prepared for the Minister of the Environment confirms that there has been no overlap since last fall.

What, then, is the real reason behind the government's decision to dismantle environmental assessments in Bill C-38?

The EnvironmentOral Questions

May 31st, 2012 / 2:30 p.m.


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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, on the contrary, this bill will create a lot more uncertainty.

There was a time when the Conservatives thought it was very important to protect the environment. That is why the Mulroney government implemented the Fisheries Act, which the Conservatives are trying to destroy today.

Yesterday, the former Conservative fisheries minister, Mr. Siddon, told the subcommittee that responsible parliamentarians would withdraw these changes from Bill C-38.

Will the Minister of the Environment listen to his Conservative colleague and split up this irresponsible bill?

Fisheries and OceansOral Questions

May 31st, 2012 / 2:25 p.m.


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Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans and for the Asia-Pacific Gateway

Mr. Speaker, the measures we have introduced in Bill C-38 would allow Fisheries and Oceans Canada to focus its efforts in a practical, sensible way on managing threats to Canada's recreational, commercial and aboriginal fisheries. I know he likes to use former minister Siddon to criticize this new direction we would take here, but let me read this for him. It states, “The policy applies to those habitats directly or indirectly supporting those fish stocks or populations that sustain commercial, recreational or Native fishing activities of benefit to Canadians.”

Who wrote that? It was the Hon. Tom Siddon in the 1986 habitat policy that is still in force here in Canada.

The BudgetOral Questions

May 31st, 2012 / 2:20 p.m.


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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, at the C-38 hearings, the Conservative majority is pushing through dozens of pieces of legislation with little study. With 753 clauses, that is just three minutes of study per clause.

Now even former Tory ministers are testifying that Conservatives railroading these changes through are wrong.

Last night it got even worse. The Conservatives voted to block bringing ministers back to testify. Why will they not come back? Is the Minister of Natural Resources afraid he will be called on his boast about drinking from tailing ponds?

The EnvironmentOral Questions

May 31st, 2012 / 2:20 p.m.


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Thornhill Ontario

Conservative

Peter Kent ConservativeMinister of the Environment

Mr. Speaker, my colleague forgets that on the first day that the subcommittee met to consider Bill C-38, all three ministers met, the Minister of Fisheries and Oceans, the Minister of Natural Resources and I. We provided two hours of enlightenment to an opposition that was hard-challenged to come up with questions material to the subcommittee's work.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 1:55 p.m.


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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, we are in the House to discuss a motion by the official opposition concerning employment insurance.

Our motion essentially asks the Conservative government to abandon its plans to further restrict access to employment insurance. The proposed changes arise from Bill C-38 to implement the budget. In addition to containing no job creation measures and triggering the dismissal of tens of thousands of public servants, the latest Conservative budget tightens access to employment insurance by giving the Minister of Human Resources and Skills Development the authority to create new rules to define what constitutes “suitable employment” and “reasonable and customary efforts to obtain suitable employment.” That appears in a budget of more than 400 pages.

Incidentally, the minister refuses to provide all the details of her reform, but is asking us to vote for Bill C-38, which will give her the authority to change the employment insurance plan as she wishes. She is in fact asking us to sign a blank cheque.

We do not have all the details of this reform. However, on May 24, the minister tried to clarify the government's intentions in part, although without disclosing all the details. Essentially, unemployed workers are now more than ever being compelled to find a job outside their area of activity and their area of residence.

We also know that the government will establish three classes of workers based on the frequency with which they file employment insurance claims. After receiving benefits for a certain period of time, unemployed workers will be required to accept lower-paying jobs or else their benefits will be reduced. Frequent claimants, who have filed three or more claims and received more than 60 weeks of benefits in the past five years, will, after a period of time, be required to accept jobs at 70% of their previous earnings. We find those changes unacceptable for a number of reasons.

The main problem with this reform is that it disregards the fact that many businesses operate on a seasonal cycle, particularly those in the tourism, agri-food, forest and other sectors. Seasonal industry makes a major contribution to economic activity. What would Lac-Saint-Jean be without forestry? Where would eastern Quebec be without the fisheries? What would Quebec City and a number of Quebec communities be without the economic contribution of tourists? These industries and the workers who support them contribute to the economic growth of Quebec and the rest of Canada. It is essential that the federal government acknowledge through its programs that these sectors are important and legitimate.

For lack of adequate coverage by the employment insurance program, many workers are abandoning these sectors of activity, leaving business people without skilled workers. For example, Le Quai des Bulles, a Kamouraska business employing a dozen seasonal workers, is afraid it will lose workers as a result of the reform. It is important to understand that 26% of employment insurance claims are filed by seasonal workers, and 30% of those are Quebeckers.

I will be pleased to continue my speech after question period.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 1:50 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, Liberals understand that the changes the government is bringing forward would have a devastating impact on tens of thousands of Canadians. We believe that the government is using the back door to implement these changes in Bill C-38. That is most unfortunate. We should be allowed to have a full, healthy debate in the House on separate bills as opposed to bringing in the changes in Bill C-38 through the back door. That is one point I would appreciate the member's comment on.

The second point is about the uncaring attitude of the government with regard to individuals who, in essence, ensure that industries are viable. They may be seasonal jobs, but they are important too. We need to emphasize that all jobs, even seasonal jobs, are important. The Canadians filling those jobs should be recognized and appreciated for their efforts, not penalized by the government taking action of this nature, which is going to hurt Canadians more.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 1:40 p.m.


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NDP

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

Mr. Speaker, I am not at all pleased to be rising in the House today. In general, I am happy, indeed very happy to be here, but I am less happy to have to debate this issue.

I will say at the outset that I will be sharing my time with my colleague from Rivière-des-Mille-Îles.

I would like to go back a few years in time to the root of the matter to remind hon. members that the problem we are facing today has been fabricated. It has been created by those who are now exploiting it for the purpose of making decisions that are truly contemptuous of Canadians in general, more particularly Canadians who are currently having trouble finding a job.

If, a few years ago, the Liberal and Conservative governments had not dipped into this fund, which Canadian workers paid into out of their own pockets, it would now stand at more than $50 billion and not be an underfinanced fund of less than $2 billion. Now, the government can exploit the idea that the fund needs attention because it will be short of money. It can say that people are abusing this paltry sum of $2 billion. Collectively, we had produced a $50 billion cushion, but it is no longer there. If we had that money today, we could introduce a pilot project to help the regions solve the problems the seasonal industries are facing. There would not be a problem.

There could be a major reform to do exactly what countries with few human resource problems, such as Germany and Norway, are currently doing: focus on ensuring the money is used for their obsession with ongoing training. That is the key. In Germany and Norway, when someone wants to take a course, they do not take away his employment insurance benefits if that course serves economic needs. If someone does not know how to read but wants to learn, he does not lose his benefits. He is asked if he is able to learn to read within a certain number of weeks. Those countries have understood that if they support their citizens in learning basic skills or trades that are in great demand, the entire community will be more prosperous in the short and medium terms.

If Canada had the $50 billion in its possession right now, it could start establishing those policies across Canada and see Canada become as prosperous as Norway and Germany.

I would like to remind the House that the two countries in question are not at the same end of the spectrum. The Norwegians are clearly social democrats, but the situation is not that clear in Germany. However, both countries share this obsession with ongoing training and use job search tools with a view to training people. And yet they are stuck in an economic quagmire much worse than ours.

The U.S. economy is struggling to get back on its feet, but it is not a disaster. Yet, these two economies are located close to partners, Greece and Spain, which are having major problems and are on the verge of economic disaster. Despite this terrible mess, they are succeeding with fewer human resource problems and a level of prosperity that is comparable or superior to our own. They have not used tools as big as $50 billion to help people prepare for employment. This money was squandered on all sorts of things, so that now this government can exploit the bogus underfunding of what should have been a major tool for Canada’s prosperity.

Now we have before us Bill C-38, which reduces human resource and environmental problems to budgetary issues. The budget will fix everything.

I made an important note to myself: the budget is the top priority. The proof of this is that the vast majority of NDP governments in the provinces have an exemplary roadmap enabling them to deliver balanced budgets, with a few rare exceptions. Overall, the NDP has been more successful in this regard than other provincial governments. It is a top priority.

The problem, when it comes to the big issues and the major responsibilities in society—the environment and human resources—is that when things are limited to a budgetary analysis, it is easy to lose sight of the investment and sustainability side of things.

This is normal. If I am responsible for the budget, the only question I ask myself is whether I can save $2 tomorrow. I want to save $2 tomorrow. I do not ask myself whether that $2 is going to cost us $25 in terms of loss of skills and investments for the future. Bill C-38, the mammoth budget bill, reduces hugely important responsibilities, such as the environment and human resources, to a simple budgetary calculation, and nothing lacks long-term vision more than that.

My next comments will focus on what is happening in the regions. Since I was elected, Service Canada centres have actually been closed in the regions despite the fact that in the last election campaign the Conservative Party unveiled with great fanfare, in Quebec at least, a slogan that read “power to the regions”—that vaguely reminded me of slogans from a gentleman by the name of Duplessis, in Quebec—and despite the fact that for 40 days they plastered telephone poles with the slogan. In towns in my riding, 20%, 25% or 30% of the postal services have been closed.

We have just learned that there will be a 50% cut in rail service between Halifax and Toronto. Why not? The government is going to hit the tourism industry hard. Why not also arrange things so that fewer tourists can take the night train to go and spend a week in the maritime provinces or Quebec? Why not? An excellent idea, good timing, terrific.

And now here we are, dealing with this employment insurance reform that deals a huge blow to the tourism industry, which by its very nature is highly seasonal. Many regions are extremely attractive in the summer, but not in winter. They therefore find it difficult to develop. Even the most brilliant business people in these regions are unable to develop a 12-month cycle. Believe me, if they could they would. These are business people and they are brilliant. If there was a way to come up with an initiative that would be the least bit viable in December, January and February, they would do it.

For almost a month now, in my role as the NDP critic for SMEs and tourism, I have met with many people from Quebec and the maritime provinces. I met with Minister Paris in Nova Scotia. And of course, I met with the organizations in my own bailiwick, such as Tourisme Rivière-du-Loup. I met with the people who handle tourism for the Acadians, those who administer tourism for all of Newfoundland and Labrador and all of Nova Scotia, and those who handle special tourism development projects in southern Nova Scotia.

I met with dozens of organizations. Fully one-third of them said that they were worried. Two-thirds told me that they were truly angry about the decisions currently being made. They all said that they had never been consulted. We are talking about an industry that is worth billions of dollars. We are talking about close to $1 billion for New Brunswick alone, approximately $2 billion for Nova Scotia and over $5 billion for eastern Quebec. We are talking about a multi-billion dollar industry that necessarily goes through difficult economic cycles. The people in this industry are therefore directly affected by the kind of employment insurance reforms that are going to be forced down the throats of Canadians, even though they were never consulted.

The current government is telling them not to worry because of the so-called “reasonable””clause. They put the word “reasonable” in their bill. The word means absolutely nothing if it is not defined first. It will be reasonable based on what and from whose point of view? I will give just one example of something impossible.

Like me, a senior Conservative government official from eastern Canada asked the question, and he had no more of an answer than I did. Let us imagine a hotel manager who, in the four winter months, loses 80% of his business. It is a seasonal industry and there is no ski hill beside his inn. Will he work at the corner hardware store for four months?

The businessman who owns the corner hardware store knows that the hotel manager is a bright man and, for years, he has not hired him for those four months because it is not cost-effective to give him two months of training for him to learn all about paint, when he will then leave to go back to the hotel.

Business people in the regions are not idiots. They are bright people. I find this government extraordinarily presumptuous when it says that it will establish a system that will finally work for them.