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.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 1:10 p.m.


See context

Conservative

Scott Armstrong Conservative Cumberland—Colchester—Musquodoboit Valley, NS

Mr. Speaker, I will be splitting my time today with the Minister of Veterans Affairs.

As many government members have already stated, we cannot support a factually incorrect motion.

I would like to drill down on some of the details of what our government is actually proposing with this legislation.

The changes we will make will ensure that unemployed Canadians are made aware of all available work in their local labour markets within their skill set. However, if there is no available work within their skill set, then EI will be there to support them. It always has been there to support them and always will be there to support them.

As indicated in Bill C-38, the jobs, growth and long-term prosperity act, the government intends to establish clear definitions for suitable employment and reasonable job search. Please note that these improvements can only apply to Canadians receiving regular EI benefits and EI fishing benefits. They will not apply to Canadians receiving EI for special benefits, such as maternity, parental, compassionate, or sickness.

Let me focus on suitable employment for a moment.

Several factors will affect the definition for suitable employment. These factors will include, first and foremost, the personal circumstances of that person who applies. This is a point that the opposition members have been very ignorant on as they attempt to scare Canadians with respect to the impact of these changes. As a member of Parliament from Atlantic Canada, I want to assure my constituents that the personal circumstances of an EI claimant will always be taken into account when determining what is considered suitable employment.

Claimants receiving EI will not have to accept work if they have a health problem that prevents them from taking a particular job, or if they have family obligations that prevent them from working at certain times of the day or if they have limited transportation options for commuting them to and from work. If they are not physically capable of performing work, they will not be required to take that job.

As the minister of HRDSC stressed again at committee yesterday, these changes would be implemented in a fair, practical and reasonable way.

What has not been reasonable is for the opposition to enlist in a campaign of fearmongering on topics such as commuting time. Under our proposed changes, a workplace must be within an hour's commute unless the claimant's previous commuting history and the community's average commuting times are longer than that. It is simple common sense.

Let me focus on the two criteria for suitable employment that are drawing the most attention. They are the type of work and the wages that are considered reasonable. In determining what criteria apply, EI claimants will be placed in one of three categories: long-tenured workers, frequent claimants and occasional claimants.

Let me take a few moments to define each of these categories.

Long-tenured workers are those who have paid into the EI system for seven of the past 10 years and who over the last five years have collected EI or fishing benefits for 35 weeks or less. These workers would be initially required to look for a similar job that would pay for 90% of their previous wages. After 18 weeks on EI benefits, long-tenured workers would be required to expand their job search to jobs within the field of one they previously held and to apply for jobs that would be above 80% of their previous wages.

Frequent claimants are those who have had three or more claims for regular or fishing benefits and have collected more than 60 weeks of EI benefits in the past five years. They would be required to expand their job search to jobs similar to the job they normally performed from the start of their EI claim. They would also be required to look for work that paid wages starting at 80% of their previous hourly wage. After receiving benefits for six weeks, they would need to expand their search to any work they would be qualified to perform so long as the wages would be within 70% of their previous employment.

Occasional claimants would include those not captured by the definitions of frequent and long-tenured workers. Occasional claimants would be allowed to limit their job search for their usual occupation, with similar wages of at least 90% of their previous hour wage for the first six weeks of their claim. After receiving benefits for six weeks, they would have to expand their job search to jobs similar to the one they normally performed, with wages that would be within 80% of their previous earnings. After 18 weeks, they would then need to further expand their job search to include any work they would be qualified to perform, as long as the wage would be at least 70% of their previous earnings.

It is a sad testament to fearmongering in which the opposition has engaged that I feel the need to point out the obvious, which is that no one would ever need to accept employment below minimum wage in Canada. The simple truth is that under these changes, EI claimants will always make more money working than by collecting EI, which is currently not the case.

As many people know, employment insurance pays 55% of an individual's average weekly income. The maximum annual salary used to calculate the weekly average is $45,900 per year. Therefore, if an individual is a frequent claimant and a reasonable job search will offer at least 70% of previous earnings, that is a substantial increase over 55% of the earnings that would be collected on EI.

This is why the opposition motion we are debating in the House today is factually incorrect. Canadians receiving EI will only be required to look for work that pays significantly more than they are currently collecting on EI. It is a net benefit to claimants.

Let me also be clear on a further point. As a Canadian from Atlantic Canada, I understand that in many small communities there may not always be economic opportunities outside peak seasons of employment. The Prime Minister has been perfectly clear on this point. If there are no available jobs in one's community, EI benefits will continue to support Canadians as they always have.

Let me turn briefly to the topic of a reasonable job search.

Canadians receiving EI benefits will be required to undertake job search activities, including researching and assessing job prospects, drafting a resumé, searching for job vacancies, applying for positions, attending interviews and undertaking other efforts to improve their employability, such as attending workshops, going to employment agencies and also job fairs.

EI claimants will also be required to look for a job daily and to keep records of their job searches. These search efforts will be consistent with the opportunities that are available. For example, in a community with few job openings, a job search should focus on identifying new opportunities and not applying for the same job or to the same business every day. In comparison, a job search in an area with numerous job opportunities should focus on both identifying and applying for available positions.

As part of the investment we are making under this initiative, EI claimants will be made aware of local jobs in their local labour market.

These improvements to EI will help more Canadians get back into the labour force and enable them to better support themselves and their families.

Unfortunately, we have seen the opposition attempt to play politics of fear and to confuse Canadians into believing some of these things are not true. Sadly, this is not the first time we have seen members of the opposition ignore clear realities of the Canadian economy in order to advance their narrow interests.

I would ask all hon. members in the House to support our government's plan for jobs, growth and economic prosperity. This is the reason Canada is leading the G8 in growth of 750,000 net new jobs created since the depth of the recession in July 2009. Therefore, I encourage members to join me in voting against this factually incorrect motion.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 1:10 p.m.


See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, what the Conservative government is doing in terms of these changes will have a profoundly negative impact on seasonal jobs from coast to coast, and in particular, as our Liberal Party critic talked about, in the province of Quebec, in Atlantic Canada and so forth.

One needs to question why the government decided to bring in these changes through the back door of Bill C-38, thereby preventing debate on this issue and, most important, to then have the debate carry on into a committee of the House where experts from across Canada could participate and provide what I believe is absolutely critical information because of the impact this change will have on our economy and on industries that are so dependent on seasonal jobs.

Does the member not agree with the Liberal Party's stand that Bill C-38 should have been broken down, that there should have been several pieces of legislation brought in and that this should be a stand-alone debate taking place on a separate bill?

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 1 p.m.


See context

NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, I would like to support the motion of the hon. member for Hamilton Mountain, which reads:

That this House call on the Conservative government to abandon plans to further restrict access to Employment Insurance for Canadian workers who have followed the rules and who will now be forced to choose between taking a pay cut of up to 30% or losing their Employment Insurance benefits.

I support this motion. It is necessary to do so because we have before us Bill C-38, a budget implementation bill that we call the Trojan Horse bill because there are so many things hidden in it. It is extremely controversial for this reason as well as others. It contains far too much. We have said many times that this bill should be split into at least five parts. It cannot be examined in the proper committee because the Standing Committee on Finance is discussing the environment. This bill should be examined by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities or the Standing Committee on Environment and Sustainable Development. It needs to be examined in the proper place.

Moreover, the Conservatives are limiting debate. They are not only reducing the time the committees have to debate this bill, but they are also passing time allocation motions in the House. Once again, the Conservatives are trying to distract Canadians while they impose major, negative changes on them. By way of evidence, did the Conservatives talk about changes to environmental law, old age security and employment insurance during the election campaign? No. They did not say a word about those issues. They hid their intentions throughout the election campaign.

Let us now discuss the section of Bill C-38 that deals with employment insurance, which is also very controversial. Members of Parliament have to vote without having received much information. The Minister of Human Resources and Skills Development said that she has not yet announced the details as she wants to make sure that the bill passes first.

What details are we talking about? Just trifles; for example, the definition of suitable employment or the acceptable distance to be travelled. The bill abolishes the existing definitions, but when we ask for clarification and new definitions, the information is very vague. For example, a reasonable commuting time is said to be one hour. Is that one hour by car? If I drive for one hour, I will be halfway to Montreal.

What about the people in remote areas who do not own cars? Will they also have to travel one hour by car? In some parts of my riding, there are far fewer north-south public transit routes. Will these people have to spend one hour on the bus? How will it work? We do not know. In short, major changes to employment insurance are hidden inside a mammoth bill. Once again, the Conservatives are controlling the debate on the bill. That is not all.

When we listen to what some of the Conservatives are saying we can hear the contempt they have for employment insurance recipients. During her appearance yesterday at the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, the Minister of Human Resources and Skills Development said that the government was working on removing disincentives to work. She added that it is question of improving the federal system in order to ensure that Canadians better understand what is expected of them when they receive employment insurance benefits.

Such comments suggest that EI recipients are abusing the system. There are indeed people who abuse the system, but they are the exception. Not everyone abuses the system, but they are being treated as though they do. I invite the Conservatives to come to Hochelaga and see what life is really like, what people really need. Employment insurance is a social safety net that was established decades ago to respond to a real need. This tool that Canadians created to be used when they need help is getting a bad rap from the Conservatives. I wonder sometimes whether they really know anyone who is poor.

Let us now talk in greater detail about the changes proposed by the Conservatives and the ensuing problems. Take job search, for example. The government says that it is going to send out emails about available jobs twice a day.

I knocked on a lot of doors during the election campaign. When I told people to consult our website to learn more about the NDP platform, they would often tell me that they did not have Internet access, that they could not afford it or that they did not have a computer. They could have gone to the library, but the Conservative government has cut the community access program, so there are a lot fewer computers available in libraries.

The hon. members might recall that, a few months ago, the Service Canada job search website did not work for a number of weeks. So what happens in those types of situations? Are the people going to be penalized? But one of the biggest problems—and we are going to hear about it a lot—is the impact on the regions and on seasonal work. Let us talk about seasonal work. Seasonal workers are often highly skilled workers. You cannot just drag people around from job to job.

Under the proposed measures, these people could be forced to leave their skilled occupations or their regions or both. As an example, a witness who raises silver foxes recently appeared before the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. That industry has a six-month season and he has one employee who has very specific expertise and who returns every year.

This employer told us that if his employee did not come back, he would not know what to do or where to find another employee with that kind of expertise. The witness also told us that the same is true in horticulture and livestock farming.

In-school child care services are another example. Do we really want to have to look for new child care providers every year? Do we want people with a lot less experience looking after our children every year?

Every January and February, only a few groups came to visit the museum where I used to work. As a result, at least 10 of the 20 guides would not get any hours. Zero. So they needed employment insurance every year. Since those guides have been there for three or four years, they would automatically fall into the new category of frequent claimants. This means that if they have not found another job after six weeks, they would have to accept work at 70% of their previous hourly wage or they would no longer be entitled to employment insurance.

By the way, in Quebec, 15% of employment insurance claimants are seasonal workers. Instead of a short-term and repressive view for reducing the unemployment rate, perhaps there might be other options. For example, we could invest in training. But no, the Conservatives are making cuts to training.

I have two examples from the recent budget. First, we see cuts of $44 million—so, 64.7%—to contributions that help older unemployed workers in communities with a high unemployment rate or those affected by downsizing. Then, transfer payments to apprenticeship incentive grants and apprenticeship completion grants, worth $155 million, are being cancelled completely. It makes no sense.

Furthermore, when the government gives grants to large companies, perhaps it could ensure that jobs are created quickly—in Canada, not in Mexico or the United States—and that the companies do not take the money before relocating elsewhere, which is what Caterpillar and Electrolux did.

I have three more comments to make before I wrap up. First, employment insurance is fully funded by employees and employers. It belongs to employees and employers. What is the point of paying into it if you are not allowed to use it? It would be like buying a car and not being allowed to drive it.

The new definition of suitable employment suggested by the minister is at odds with the International Labour Organization's, which says that a government seeking to promote employment and guard against unemployment should take into account the claimant's training, experience and qualifications.

The third and final point I would like to make is that by forcing workers to take lower-paying, less fulfilling jobs that they are likely to quit more rapidly, the government will increase rather than decrease poverty.

I would like to reiterate what I said at the beginning of my remarks: this motion is important and must be adopted.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 11:45 a.m.


See context

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Madam Speaker, I would like to share my time with the member for Montmorency—Charlevoix—Haute-Côte-Nord.

First I would like to say that I am proud the NDP has proposed this motion on employment insurance.

I find it sad that the government thinks that people who receive employment insurance are a bunch of lazy slackers. As the member for Madawaska—Restigouche put it so well, there are still people who prefer to receive employment insurance because they want to go hunting. That is how the Conservatives think.

The parliamentary secretary asked whether it was not better to have a job 12 months a year rather than six months a year.

Yes, it is much better.

The parliamentary secretary said she went to visit Newfoundland. I would like to know whom she spoke to in Newfoundland. Let her report to the House on whom she met in Newfoundland, because there is a fishing industry in Newfoundland, Nova Scotia, New Brunswick, Prince Edward Island and the Gaspé.

If the Conservative government is so smart, I invite the Prime Minister to introduce a bill to melt the ice in Chaleur Bay so that people can fish in winter. If he is so smart, if he really believes in jobs 12 months a year and if he wants to support the fishing industry, I invite the Prime Minister to melt the ice in Chaleur Bay. That way, people could fish 12 months a year.

In addition, let him put some fish in the sea because this same government shut down the groundfish fishery. I invite the parliamentary secretary to come and tour New Brunswick. Let her come, and I will take her around to the employers who are having problems as a result of seasonal jobs: they want to keep their employees. However, the government's bill does the exact opposite. It wants those employees to go work elsewhere.

Industry back home in New Brunswick, and in the riding of Acadie—Bathurst, amounts to fishing and peat moss. Has anyone ever wondered how you harvest peat moss under the snow? This Conservative government is really out of touch with the reality of the regions to a ridiculous degree. The parliamentary secretary says she comes from a rural area. All right, but she may come from a rural area where there are secondary or tertiary processing jobs and employment 12 months a year.

If the Conservative government wants to do the right thing, let it put tools in place. Let the human resources minister put the tools in place for us to do the secondary and tertiary processing instead of sending all our fish to Japan.

Under these new regulations, unemployed workers are required to look for work twice a week. Some 3,000 people lose their jobs at the end of June because the fishery winds up in June and starts again in mid-August. The biggest surprise this government could have right now would be for fish plant employees to decide, twice a week, to go and see employers one hour’s drive away about jobs those employers do not have. Employers would tell the Conservative government to get those workers off their backs because they would not be able to produce anymore with them coming to work in their yards when there are no jobs.

The government's parliamentary secretary said they were going to send unemployed workers job alerts twice a day to tell them where they could find work, but the problem that was raised is that some of them do not even have a computer. The government responded that 85% of people filing employment insurance claims did so online.

They file employment insurance claims online because the government requires them to do so. It has shut down human resources offices everywhere. There were more than 100 human resources offices in Canada, and since the Conservatives intend to close some of them, there will only be 22 left.

Applying once for employment insurance means going to a neighbour and asking to use his computer. This happens once a year. But if a person has to ask to use his neighbour’s computer twice a day to check jobs, the neighbour will get fed up.

The government is saying that if you want a job, you will have to use a computer to get it, because that is where the jobs are. Is the government telling us that it is going to send out two letters a day to Canadians to tell them that jobs are available? My goodness, I do not know what planet I am living on. If there are that many jobs in Acadie—Bathurst, I cannot wait to find out where they are. I am sure that the residents of Acadie—Bathurst cannot wait to know where all these jobs that the government is announcing are.

We are not against motherhood and apple pie, we are not against the fact that the government is telling people that there are going to be jobs available at specific locations. We are not against employers posting jobs or workers being available. The problem is telling somebody that if he does not go to a specific location for a job and accept it, his employment insurance will be cut off. If I were an employer, I would tell the government to mind its own business because it is not up to the government to dictate who should be in the private sector. If the government forces somebody to work for a particular employer and the person does not like the job, how productive will he be?

The 70% model sounds good, does it not? For those who get a job at 70% of their salary and are then laid off, will the next job be at 70% of that salary? Will it be 70% until the person receives the minimum wage? The government wants to help employers keep wages down. The government is going to play a role in forcing people to go and work for employers who will not increase wages. The Conservatives are going to make sure that people remain in poverty. That is what this measure is all about.

Furthermore, this measure is found in Bill C-38. Why did they not separate it from Bill C-38? They should let the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities conduct a real study. If the bill put forward by the minister and the federal Conservative government is so good, why is the Province of Newfoundland and Labrador not satisfied and why was it not consulted? Why is the Province of Nova Scotia not satisfied and why was it not consulted? Why is the Province of Prince Edward Island not satisfied and why was it not consulted?

The exception is New Brunswick, because we know that our premier, Mr. Alward, follows everything that the Prime Minister of Canada says. The Conservatives are in power in New Brunswick and they will not touch this with a 10-foot pole. The premier might have to answer for this in the next election in New Brunswick, because at the moment he does not represent the seasonal workers in our province.

The people in our province who work in the fisheries are wondering where they are expected to find a job. What will happen to the 60-year-old woman in Caraquet who has almost reached retirement age if she tries to take her car to work at a McDonald's in Bathurst with the winter road conditions that we have? By the way, it is not funny when you drive along the coast. With the wind, even if there is not much snow falling, it becomes a storm. On the peatlands and in open country, the roads can be impassable just because of the winds. This is what they are doing; they are putting people's lives in danger.

The Conservatives think that people are happy to receive 55% of their salary and feel as though they are on vacation. They should see these people's living conditions and they should live in these conditions. They should answer the calls that I get in my office from people saying that they would like to work. They should remember the time when the fisheries were good and people worked 35 weeks per year. They worked 15- and 16-hour days, 7 days a week, for 35 weeks. I will never allow them to call our workers lazy slackers. These are the same people who leave our region to go work out west, where they can find jobs.

If the Conservative government wants to help people get jobs, it can help us get a better airport in Bathurst. The runway needs to be lengthened. It can give us a building that is capable of handling our people travelling up to the far north for jobs. This is the same government that cut $18 million from ACOA and that gives us no tools. Tools are what we want. It is the government's responsibility to provide tools and to make it possible to get jobs, not to do what it is doing at the moment, cutting employment insurance so that people fall on hard times, sending them onto welfare and putting all the burden onto the provinces.

I hope that the Premier of New Brunswick is also listening to me; I hope he realizes that we, the taxpayers of New Brunswick, are the ones who are going to be paying for the federal government's mistakes—

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 10:20 a.m.


See context

NDP

Chris Charlton NDP Hamilton Mountain, ON

moved:

That this House call on the Conservative government to abandon plans to further restrict access to Employment Insurance for Canadian workers who have followed the rules and who will now be forced to choose between taking a pay cut of up to 30% or losing their Employment Insurance benefits.

Madam Speaker, I will be sharing my time with the member for Charlesbourg—Haute-Saint-Charles.

I am pleased to move, on behalf of the entire NDP caucus, a motion calling on the Conservative government to abandon its reckless changes to Canada's employment insurance system.

First and foremost, employment insurance must be about providing a safety net for workers. Government ministers and Conservative MPs keep saying that jobs are not being filled because the unemployed do not want to work, but Statistics Canada pointed out just last week that there were almost six unemployed workers for every reported job vacancy in Canada. In other words, despite its rhetoric, the Conservative government's record on job creation has been an abject failure.

Therefore, yes, this is the time that workers need to draw on the employment insurance that they paid into all of their working lives. However, instead of helping workers to access what is rightfully theirs, the minister responsible for the program hurls insults by saying, “We do not want to make it lucrative for them to stay home and get paid for it”. It is outrageous. Workers need EI, not so they can stay at home but so they can keep their homes.

Even before these ill-advised changes, only 40% of unemployed Canadians were able to access EI benefits, and those who do bring home a maximum of 55% of their former wages. Unemployed workers can assure the minister that EI is not lucrative.

What then motivated this last round of EI reforms? Toronto Star columnist, Thomas Walkom, hit the nail squarely on the head when he blamed the changes on “bone-headed ideology and contempt”. The Conservatives have continually demonstrated their hatred of Canada's social safety net, including employment insurance, and the disdain starts right at the top.

This is what the Prime Minister told the American Council for National Policy in 1997. He said:

In terms of the unemployed, of which we have over a million-and-a-half, don't feel particularly bad for many of these people. They don't feel bad about it themselves, as long as they're receiving generous social assistance and unemployment insurance.

He also derided Atlantic Canadians for using social services, saying in 2002:

I think in Atlantic Canada, because of what happened in the decades following Confederation, there is a culture of defeat that we have to overcome.... Atlantic Canada's culture of defeat will be hard to overcome as long as Atlantic Canada is actually physically trailing the rest of the country.

As Walkom rightly points out, “The contempt is that of comfortable, well-heeled politicians who, deep down, assume that those unfortunate enough to have lost their jobs lack moral fibre”. However, the issue is not that Canadians do not want to work. The issue is that there are no jobs available in many parts of our country. Yes, that means that Canadians will try to access employment insurance. It is, after all, a program that was designed to help the jobless get by while they search for work.

As things stand right now, regular EI covers up to 55% of former salary to a maximum of $485 a week for up to 45 weeks. Last year, 850,000 people relied on the program, including thousands in my hometown of Hamilton where the manufacturing sector has been particularly hard hit. If one were to ask people who have tried to access employment insurance, they would be the first to point out that the system does need reform. The reforms just are not in the direction that the government is moving. We need to enhance, not restrict, access to EI for Canadians who have lost their jobs through no fault of their own.

As it stands now, less than half of the unemployed qualify for EI benefits. Only 40% of men collect and an even lower 32% of women get any support from EI. The reason is that the rules are biased against part-time, temporary, self-employed and women workers, yet all workers pay into the system.

The conversation we should be having in this chamber is about how we enhance access to the benefits that employees and employers paid for. It is only the workers and the employers who contribute to the EI system. There is not a dime of the government's money in the pot and yet successive Liberal and Conservative governments have raided the surpluses in the EI fund to the tune of $57 billion. They have treated it as their own cash cow to fund everything from debt reduction to new government programs and now it has the audacity to suggest that the program is too lucrative for workers and that things need to change. It is completely outrageous.

If we are going to change the system at all, we should live up to the commitments made by the motion on EI reform that I tabled here in the last Parliament, which, I might add, was passed by the House of Commons. That motion called for the elimination of the two-week waiting period, a lower qualifying period that was consistent across our country, an increase in the replacement wage to 60%, improved funding for training and a mechanism for allowing the self-employed to participate in the program.

Three years later, the government has still only acted on the will of Parliament with respect to one of those proposals, and that is making EI available to the self-employed. All other tinkering the Conservatives have done with respect to the EI system has been counter to the spirit of my motion and has been at the expense rather than to the benefit of hard-working Canadians.

We need to just look at the changes resulting from the most recent Conservative budget. Budget 2012 announced the Conservative government's intention to introduce legislation “to strengthen and clarify what is required of claimants who are receiving regular EI benefits and are looking for work”. Instead, the Trojan Horse bill, Bill C-38, gave the Minister of Human Resources and Skills Development the power to create regulations concerning what constitutes suitable employment and reasonable and customary efforts to find employment.

When asked what the regulations would look like, the minister responded, “We haven't announced those details yet. We want to make sure the legislation gets through first”. Really. Do the Conservatives want us to buy a pig in a poke? That will not happen and the more details we learn, the more we know just how misguided the government's approach has become.

Under the new scheme, frequent EI claimants will no longer be able to hold out for something akin to their former jobs at roughly the same wage. Instead, they will need to accept similar work at as little as 80% of their previous wage during the first seven weeks of benefits, yet we do not know what “similar” means. After that, they must take any work they are qualified to perform for as little as 70% of what they used to make. Less frequent users will fare marginally better. They can hold out for jobs within their usual occupation at 90% of their former wage for 18 weeks. After that, they, too, must accept similar jobs at 80% of their previous wage.

Obviously this has nothing to do with connecting workers with suitable jobs. This is all about driving down wages. The Conservatives love free markets unless, of course, it is a labour market. One has to wonder though for whom they are doing this.

Yes, these changes will help their friends in the tar sands hire temporary foreign workers who can now be paid 15% less than the going regional wage. At the Standing Committee on Human Resources, Skills and Social Development, where we have been studying the projected shortages of skilled workers in Canada, many employers have actually come forward to tell us that forcing workers in seasonal industries to do other work during the off season will do permanent harm to their businesses and, indeed, to their entire regions. That, of course, is due to out-migration.

If the fisherman's helpers, forestry workers or farmhands are forced during the respective off-season to take on a job they do not like and that pays less, they will be more inclined to head to western Canada. That leaves local businesses high and dry.

When we combine that attack on rural Canada with the fact that stripping Canadians of their employment insurance will lead to an increased reliance on provincial social support systems, it is no wonder that premiers from across the country are crying foul. Despite the fact that it is their provincial budgets and their provincial taxpayers who will pay the price for these ill-conceived changes to Canada's EI system, none of them were consulted before the changes were announced.

As an editorial in the Saskatoon StarPheonix put it:

This is clearly an issue that needs a national debate--one we were robbed of when the government stuffed the changes into its omnibus bill.

That is why the New Democrats have brought this motion to the floor of the House today. We do need a national debate on the changes to Canada's employment insurance system and the people who pay for that system and who use it must have a say in its future. Until then, we must change course and abandon all plans to further restrict access to employment insurance for Canadian workers.

Human RightsPetitionsRoutine Proceedings

May 31st, 2012 / 10:15 a.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I rise today to present two petitions. The first relates to human rights, particularly in China.

This petition is from members of the public in Mississauga, Toronto and the vicinity who are offended by the continued persecution of people practising Falun Dafa or Falun Gong within China.

The petitioners call on the Government of Canada and the Minister of Foreign Affairs to impress upon the Chinese government the importance of human rights to Canada.

The petition is timely as we are creating more investment opportunities for China without environmental reviews as a driving force behind Bill C-38. It is important that we give this petition attention.

Opposition Motion—CooperativesBusiness of SupplyGovernment Orders

May 30th, 2012 / 4:40 p.m.


See context

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, the cutbacks are not only affecting co-operatives.

For example, ACOA, which is responsible for economic development in the Atlantic regions, had its budget cut by $18 million. There may have been investments in co-operatives, but now that $18 million has been cut from the ACOA budget—and with the cutbacks to economic development in every region of the Atlantic—how can the member say that his government is going to do the right thing in the future? Bill C-38 proposes an $18 million cutback to regional economic development.

Restoring Rail Service ActGovernment Orders

May 29th, 2012 / 10:10 p.m.


See context

Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, Statistics Canada figures confirm that in April of this year employment increased by 58,000, mostly in full-time work. This was the second consecutive month of notable gains on the jobs front for Canadians. Moreover, confidence among Canada's business leaders, a leading indicator for future economic growth in job creation, edged up in the first quarter of 2012. According to The Conference Board of Canada, business leaders showed increasing optimism over the future performance of their firms and the Canadian economy.

We can add to these glowing statistics the support for our economy contained in the Jobs, Growth and Long-term Prosperity Act recently introduced by the Minister of Finance. As a result of our government's efforts, Canada has an economy that is the envy of many other countries in the western world. At a time of global financial uncertainty, at a time when sluggish world demand is impeding job growth, why would we allow anything within the boundaries of our own country to jeopardize our economic prospects? Why would we deliberately undo the good work that has protected our economy so far?

Canadian Pacific Railway is one of the iconic components of Canada's vast transportation system. Founded in 1881, the railway itself is a phenomenal engineering feat. It is one of the reasons we exist as a nation, uniting Canada from coast to coast.

In the 21st century CP Rail remains a crucial player in Canada's economy. Each year CP Rail moves freight in Canada valued at approximately $50 billion. According to Transport Canada, CP Rail annually carries about $11.1 billion worth of grain, $5 billion of potash and $5.25 billion of coal.

I would like to tell the House how the CP Rail work stoppage is harming Canadian businesses. In October 2009 the University of Toronto's Rotman School of Management report estimated that four key Canadian bulk shipping industries, oilseed and grain farming, coal mining, wood products manufacturing, and pulp and paper and paper products manufacturing contribute more than $81 billion to the Canadian GDP each year and account for close to 1 million jobs.

I find it staggering to contemplate the losses these four sectors of our economy will suffer as a result of the disruption in CP Rail shipping services. These services are very essential for these key sectors of our economy.

It is no mere metaphor to describe CP Rail's 22,000 kilometre network as a lifeline of our nation's economy. Moreover, its capacity for facilitating trade within Canada and other nations is enormous. This is a rail network that operates in six provinces and 13 states. It extends to the U.S. industrial centres of Chicago, Newark, Philadelphia, Washington, New York and Buffalo. Agreements with other carriers extend CP's market reach east of Montreal within Canada, and throughout the United States and into Mexico. By moving freight to and from Canada's west coast ports, CP Rail is also a vital link to the markets in Asia through the Asia-Pacific gateway.

This work stoppage is preventing our ability to keep products moving in and out of Canada and undermines Canada's reputation as a reliable place to do business. This is a setback from which it could take years to recover lost business and lost investments. Is the House prepared to stand by and allow a vast number of Canadian businesses to continue to be harmed as a result of the CP Rail work stoppage? As with any company, every lost day of business could weaken a firm that is already coping with reduced revenues.

A rail work stoppage has created an unsettling business climate. Businesses do not like uncertainty. When businesses do not feel confident about the future, they may postpone opportunities to expand, or change their shipping suppliers altogether. They may even lay off some of their employees. At a time when we want to build jobs and nurture our economic recovery, can we actually sustain this risk? Do we want this stoppage at CP Rail to jeopardize our work and achievement to date and put our recovering economy in peril?

The answer must be a resounding no. The time for action must be now. The legislation will end the work stoppage at CP Rail and provide the parties with an interest-based arbitration process to help them resolve their outstanding issues. The failure to reach a collective agreement has not been for lack of trying. The Government of Canada has done its utmost throughout the negotiation process to encourage the parties to reach an agreement. However, despite assistance from the Federal Mediation and Conciliation Service, the parties have been unable to resolve their differences.

I would like to take this opportunity to commend the Minister of Labour and the mediators and conciliatory officers from the labour program for their efforts to assist the parties under the Canada Labour Code.

Canadians can take pride in the fact that 94% of labour negotiations in this country are settled without a work stoppage ever taking place when the labour program's professional mediators and conciliatory officers get involved. This would definitely be the preferred option for resolving the disputes under consideration today. Sadly, this preferred option is not one that was chosen for this dispute between CP Rail and its running trades employees and rail traffic controllers.

I will emphasize again that intervening in these disputes is not the option we would choose if circumstances were otherwise. The Minister of Labour always encourages parties to work together to find mutual solutions to their differences. Most regrettably, it would seem that the will to come together for such a resolution does not exist with the parties in this case.

Our government fully recognizes that free collective bargaining is the basis for sound industrial relations. This is also clearly stated in the preamble of the Canada Labour Code. That code gives the parties the right to strike and lock out. Intervention is only in situations when the public interest is negatively affected. This is true, for example, when the national economy is affected by a work stoppage, as it is in this case.

Let us keep the statistics that are crucial in mind. CP Rail handles 74% of potash containers, 57% of wheat containers, 53% of coal and 39% of other containers in this country.

I would like the House to reflect on just a few questions. First, can we afford to let Canadian businesses and our economy continue to suffer? Second, can we let down the people of Canada who are counting on us to act? Third, can we deliberately undermine our enviable position of being one of the few nations in the western world to weather the global economic downturn?

To my mind, the answers to these questions are self-evident and that is why we must act now. I urge the members of this House to join me in doing the right thing. Let us give our full support to Bill C-39 to protect our economy.

POOLED REGISTERED PENSION PLANS ACTGovernment Orders

May 29th, 2012 / 12:30 p.m.


See context

Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to have a chance to speak to Bill C-25, its inadequacies and the concerns that many of us continue to have here on this side of the House.

I have often referred to Bill C-25 as being nothing more than bread crumbs to a starving person because in reality that is all it is. I doubt very much that it would help very many Canadians. From everything I am hearing from the provinces and from other people who have looked into the issue, there would be big management fees and little help for people when it comes to serious pension reform. It would simply be a mechanism for those who have money to save for their own retirement. The government tries to call that its answer to pension reform. I am sure we will hear its solution to pension reform was PRPPs for the next five years or so, until it realizes that as Australia's plan failed, so would this one. While I have no difficulties with creating savings vehicles for Canadians, we must also work to help those without the means to save. That is what pension reform is really all about. Bill C-25 is not pension reform. Anyone who makes that claim is misleading the public.

Two years ago, I asked the government what it planned to do to protect and preserve pensions for all Canadians. The minister responded in this House by saying that pensions were provincial and should be left to provincial legislatures to deal with. He said pensions were not a federal problem. However, Canadians rightly found that notion to be wrong, short-sighted and clearly unacceptable. The Conservatives produced Bill C-25 which is a copy of an Australian proposal that, after 12 years, has been declared a failure. The government was sent into a scramble. It had to find something to satisfy the accusations that it was not doing anything so it came up with this idea.

I will cast my vote, as will my party, with very deep concern and caution because it is nothing more than bread crumbs to a starving person. However, it is that small tool in a toolbox. It is not the answer but we will support it because it is one small step in the advancement of talking and recognizing the need for pension reform in Canada.

In 1998, when the current Prime Minister was campaigning, he announced that he wanted to privatize the Canada pension plan. That is right, the Conservatives proposed the elimination of the public Canada pension plan. Just imagine where we would be today. Not only is the government talking about moving from age 65 to 67 in this current budget bill, and is clearly moving in that direction, imagine where Canadians would find themselves if we did not have the Canada pension plan or it had been privatized. All of a sudden their retirement plans would severely change.

Who knows if that is not the next shoe to drop in the big plans that the government has? Will the Conservatives decide they are going to privatize the CPP? I am not fear mongering, but who knows what is going to be next on the agenda of the government?

At the time, the government suggested that the CPP should be replaced with a super savings account that would allow Canadians to put all of their extra money into investments for their retirement. The government did not talk about the fact that most Canadians are not up to speed on how to invest in the stock market, that they can make poor choices and that their alternative would be to pay high management fees to people who have that expertise. This would be another way of discouraging Canadians from what they are trying to do. Canadians would have to become market experts. Their employer would be playing no administrative role in PRPPs. Canadians would have to bear 100% of that investment risk. A single market stumble could spell the end of any retirement hopes. We all know what happened with the investments a few years ago when the stock market crashed, and what happened to thousands of Canadians whose retirement income was lost.

The Conservatives talk about people working later. They are going to have to work later because they lost a tremendous amount of their retirement income. They do not have the expertise needed. They would need the expertise with PRPPs, to be able to manage a certain degree of their investments. Employers would be forced to create administrative systems to enrol members. If the provinces made them mandatory, and that is highly unlikely, Ontario, the province I represent, has already indicated it is not going to have anything to do with PRPPs. It does not believe this is the answer to the pension issue.

The proposal for an enhancement of the Canada pension plan, which is what we have been proposing, along with the supplementary Canada pension plan, which I will talk about a little further, are much more reasonable methods for most Canadians out there.

This PRPP will be of no help to homemakers unless they are contributing to employment income. One of the challenges facing many women today is that, when they are at home caring for children or elderly relatives, parents and so on, they are out of the workforce. When they are out of the workforce, they have a much more difficult time thinking about their pension and what will be in it for them. That is why unless they are in the workforce for 35 or 40 years, most women at 65, or 67 as the government is going to, end up with minimal income. They are living on $11,000 or $12,000. That is not the Canada I want to live in, and I do not think it is the Canada most people want to live in. Changing that age to 67 years old will certainly hurt a tremendous amount of people.

I had a meeting in Kemptville last night. There were about 60 or 70 people. When I asked the people there, who were a non-partisan group, to raise their hand if they supported moving the age of retirement from 65 to 67, everyone in that room opposed the change, and there were many Conservatives in that room. They did not feel it was necessary, but that it was part of an ideology of the government or because the Conservatives are starving the government for revenue sources by removing the GST and lowering taxes. The government only has so much money. That is probably the real reason: they are starving the beast we call the government. They will not have the money to give people pensions at age 65, so they want to move it up and take $30,000 out of the pocket of every Canadian over that two-year period of time.

As I indicated, the management fees are a big problem on PRPPs. We know that Canada has an F rating, according to the OECD. It says Canadians already pay some of the highest management fees in the world on their mutual funds. That is exactly where we are going with PRPPs, creating more vehicles for people to be able to do this.

However, the government knows all of this. We raised all these issues at committee. Our Liberal finance critic moved a couple of amendments that would have strengthened and improved the PRPP, which went nowhere. The Conservative members put their heads in the sand and voted down the amendments rather than possibly thinking that maybe together, because we were prepared to work with the government on this, we could strengthen it and make it better, recognizing that we need some pension reform. However, the government members do not care what everybody else offers. If it is not their idea, it is not good enough.

It is the same if we talk about some of the things in the budget. Look at the changes to EI and what impact they will have on Canadians all across the land. Never mind talking about where they are putting money into pensions. Many of these people will be forced to move away from their families to go out west, which is clearly where the jobs will be, starving other parts of Canada. Again, that is not the way we are supposed to be going. Canada needs to be a land where everybody is treated fairly and with a bit of respect and understanding.

What happens to the seasonal workers who are being brought into the country? Many of those seasonal workers are the reason we have a thriving industry when it comes to fruits, vegetables and so on. Canadian employers need those temporary foreign workers to come over and be able to do those jobs. We should not kid ourselves. There are lots of Canadians who physically do not want to do those jobs. I think they are quite happy to see these temporary foreign workers come over and work for six months in the agriculture industry or other industries and then go back to their home countries with some very much needed money, because many of these people are coming from countries that are very poor. Will we deny them that opportunity, again with short-sightedness and some of those issues that are in the budget, in Bill C-38, that we will continue to deal with over these next few days that will hurt many Canadians and employers? It will hurt Canadians if that is the only work they have. It is not as if they do not want to work 12 months or 10 months of the year. They are seasonal workers. Who will be working the fisheries?

I remember the amount of people who told me they would love to work longer but the season is only so long, when I visited the east coast last year with one of my colleagues. Where are they supposed to go at the end of that particular point? They have to collect EI because they have no other options.

Some of the changes at second reading, which the Liberal caucus said it would have liked to put forward, were raised by many witnesses as additional ideas. However, when it comes to voting at the committee level, government members vote down anything anybody else suggests, no matter how good it is. The Liberal finance critic put a very good amendment forward on the issue of controlling high management fees, because that is a major concern for Liberals, one that would cap the management fees. There was a bit of discussion with government members, but it did not matter. They voted it down as they do everything else because it was not their idea.

Reducing government spending is a laudable goal, as we hear from the government. However, financial players offering PRPPs will need to offer annuities so that members may convert their accumulated balances into a stream of pension payments. Once that occurs, insurers are required by law to price in a profit margin and keep regulatory capital aside to underwrite those contracts. In simple language, this means that investors, the average Canadians the government is talking about, are legally required to pay fees that would guarantee a profit for the banks and insurance companies. This is a very inefficient way of delivering pensions, and once Canadians find out about all the small print, fewer and fewer of them and businesses will be interested in getting involved in all of this.

Those requirements are the cornerstones of the PRPP we are talking about. With this in mind, I am left to wonder how the PRPPs could possibly yield any results for Canadian pensioners. The simple answer is that they are not going to help the average Canadian prepare for retirement, just as millions of Canadians have not been able to max out their RRSPs either. It is just a locked-in RRSP. That is what the PRPP is. Forcing seniors to work longer and harder to save for retirement on top of asking them to pay for $6 billion in giveaways to the largest corporations, $13 billion for new megaprisons and $40 billion for untendered stealth fighter jet deals is not a plan for pensions. However, the government is certainly spending a lot of money and clearly it is looking to pay for all of these on the backs of Canada's seniors.

PRPPs will not work for those who need them the most. Instead of copying the failed work of others, why did the Prime Minister not seek to lift seniors out of poverty? The supplemental Canada pension plan already proposed by the Liberals would provide the best of both worlds. It would create a new retirement savings vehicle for Canadians who need it, while delivering the low overhead cost structure of the Canada pension plan.

The supplementary Canada pension plan is a simple and cost-effective solution to the pension question. It is a defined benefit pension for everyone who has a social insurance number, even those who have left the workforce during their lives for child rearing, illness, seasonal employment and educational advancement. It would use proven and existing resources to give every Canadian man, woman and child a reliable and stable investment vehicle for the future.

The supplementary Canada pension plan is a plan for real pension reform, and I offer it to the government at any time because it would benefit Canadians all across the board, no matter what their occupation. Even if they are home and not able to work, they could still contribute to the Canada pension plan. I could contribute to the supplementary plan. However, by steadfastly following their PRPP plan, by ignoring Liberal calls to improve the CPP, moving to slash the old age pension, slashing EI, cutting people off, making it difficult for farmers to be able to employ temporary foreign workers and all that goes with it, the Conservatives are really showing their true colours. Balancing the budget on the backs of seniors is nothing short of waging a war on the poor. It is unacceptable, and the government should be ashamed of that direction.

The Prime Minister, who is the sixth highest paid political leader in the world, earning an annual salary of $296,000 U.S., is telling Canadians to put their extra money into the bank for their retirement, but he seems to forget that not everybody has extra money. What about the seniors who pay their taxes, raise their families and work hard but still do not have extra money to invest?

Let me tell members about a woman named Mary, whom I met last night. She is a single woman who talked to me about income splitting. Yes, the income splitting idea is a good idea for all those who have money and who have a partner, but for single men or women who do not have anyone to share their pension income with, what help is it to them? Mary has to take the hit for the taxes that others get to save. She asked me why the government would do that when it is clearly unfair. I said she would just have to look around and judge for herself. Government is all about choices.

As a government, one makes choices every day and decides what is important and what is not. Clearly, this government's choices are far more interested in helping the rich and much less interested in helping the low-income or middle class Canadians, or in helping to build the Canada, Mr. Speaker, that you and I believe in.

The Prime Minister is the same man who said that the Canada pension plan should be scrapped in 1998, which I referred to earlier, and that government involvement in the financial security of Canadians runs counter to the Conservative ideology of fending for oneself. If one cannot fend for oneself, there is no room in the Conservatives' Canada.

That is very different from the Canada I want to live in. I believe we have an opportunity for a hand up, not a hand out. We can create an atmosphere where Canadians can thrive and do well. Canadians are a very independent, tough bunch of people. We are used to standing on our own feet, and we take great pride in that. I do not believe there are a whole lot of Canadians who are interested in living off the purse of the government.

Given the fact that the Prime Minister has made the kind of comments he has made, I have to wonder if these changes are not the first bricks in the long-desired firewall that the Prime Minister indicated he wanted to create.

I am very glad to have had the opportunity to speak for a bit today. The changes that are coming forward, both in Bill C-25, the PRPP legislation, and in Bill C-38, and all the things the government is moving are going in this direction, which is not an area to which I think we should be going.

We need to be making some changes as well to the Bankruptcy Act. We all know about Nortel and what happened to the thousands of people who were working for Nortel and in other companies that go bankrupt where individuals lose their pension funds.

There is no change. With all of the multitude of things in the omnibus Bill C-38, there is nothing in there about how to protect people's pensions when it comes to bankruptcy, how to better protect Canadians. It is all about creating crisis management and making people think that the country is in a major crisis situation when it is not, whether or not we are talking about immigration issues and creating a crisis, in order to justify the means at the end.

It is unacceptable for us and it is unacceptable for Canadians.

TelecommunicationsAdjournment Proceedings

May 28th, 2012 / 7:30 p.m.


See context

Edmonton—Mill Woods—Beaumont Alberta

Conservative

Mike Lake ConservativeParliamentary Secretary to the Minister of Industry

Mr. Speaker, I will talk briefly about recent steps that our government has taken to help provide Canadians with more choices at low prices for the wireless services that have become so important in their everyday lives.

In 2008, our government took action to encourage the entry of new competitors into the wireless market. Since then, new players have launched services and are providing more choice to Canadians. In addition to these new competitors, large telecom companies have made substantial investments to better serve their subscribers. Because of these actions, consumers are seeing the benefits of access to more advanced services, greater choice and lower prices.

We recently announced decisions that will continue to promote our goals of increased competition and investment in the sector and to see that all Canadians, including those in rural areas, benefit.

First, we would amend the foreign ownership rules under the Telecommunications Act, meeting a commitment we made in the 2010 Speech from the Throne. These amendments are included in Bill C-38. We are lifting these restrictions for companies with a small share of the telecommunications market so they can better compete and grow.

Access to capital is an important issue, especially for the new wireless competitors, and our targeted actions would remove a barrier to investment for the telecommunications companies that need it most, so that Canadian families and businesses can continue to benefit from more choices and competitive prices.

In addition, we will support competition and investment in the upcoming auctions by applying rules that will enable new wireless competitors access to the spectrum up for auction.

We will also extend and improve the existing wireless roaming and tower-sharing policy to further facilitate competition. These policies provide access to existing networks and infrastructure and support better coverage and services for consumers.

We believe all Canadians should share in the benefits of advanced wireless services and that rural Canadian families should have access to the same services as those in cities. We are applying specific measures in the upcoming auction to see that Canadians in rural areas have access to the most advanced services in a timely manner. All Canadians should be able to benefit from the fastest mobile speeds and latest devices, such as the newest iPad, PlayBook or smartphone. These are the first such specific measures of their kind in Canada.

Finally, to improve the safety of Canadians and first responders, we will be reserving some spectrum for exclusive use by public safety users across Canada. Our government believes that Canadians, in both rural and urban areas, deserve value for their hard-earned money, and our government is taking action to see that they get it.

Canada–Panama Economic Growth and Prosperity ActGovernment Orders

May 28th, 2012 / 5:40 p.m.


See context

NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, as usual, my colleague made some important points with respect to this trade deal and Canada's role in the world, making fair and just deals with other countries. As has been said, there is no doubt about the fact that Canada is a trading nation. It always has been a trading nation. I am from Nova Scotia. It is a trading province, always has been and always will be.

I have looked at some of the work the government has been doing, whether it be the CETA deal or what it has done on NAFTA, or other free trade agreements. The crux of the problem is that the government does not have a clear policy on what its position is on trade, just that it wants some.

Its negotiators do not have an industrial policy to work from. The European Union has an industrial policy. All other major trading nations in this world have a domestic, industrial policy to work from. They know where the strengths and weaknesses are in their economies. They know what it is that they want from a trade deal, not just the fact that they want a trade deal.

That is extremely important to begin with, to understand where we want to make gains and what the downsides might be in order to get those gains. If we understand them up front, then we understand that during the negotiations we need to make accommodations for the downsides. If we are going to engage in some deal that is going to affect a particular industry, in their wisdom, the negotiators and the government departments responsible may decide that the gains are greater than the losses. Nonetheless there are going to be losses, and they have to prepare for those.

There has to be, built into the deal, accommodation or adjustment strategies for the possible closing of an industry, the laying off of employees, the retraining, the relocation, perhaps, of the people and communities affected.

This is what a fair and responsible trade policy has to look like. It has to be progressive. It has to be fair. It has to be socially just. There has to be a commitment to human rights, to the environment, to labour protections and to making sure that the deal, in the final analysis, is right for this country.

I agree, and I bet there are not too many members on this side who would disagree, with the idea that Canada needs to be out there promoting what Canadians do best, creating new markets, creating new opportunities for our entrepreneurs, our businesses, our ideas, our technology and our resources. I do not think this country, certainly under the government, is doing a good enough job with that.

What are we dealing with here on Panama? We are dealing with a country that is important because it is a country and because there are working people, an environment, a government that is perhaps making some mistakes and doing some things that we are not happy about. Nonetheless, there are hard-working women and men in that country who are trying to provide for themselves, their families and their communities. There is an important ecosystem in Panama that we need to ensure is maintained.

However, in 2008, for example, two-way merchandise between the two countries reached only $149 million, less than 1% of Canada's total trade. Now I am not suggesting because we only do a bit of trade with this country it is not important. I would say just the opposite. It is even more important that we tailor the kind of deal that we do with a developing country like this, so we are all gaining from the experience, so the people of Panama gain as much as the people of Canada and the businesses in Panama gain as much as our businesses.

The problem is the government has put together a deal that is very much like the NAFTA deal. It is like a deal it would do with a major industrialized country. It does not have the kind of sensitivities that are necessary in dealing with a developing country, and those are some of my concerns. It does not deal to my liking with human rights issues. It does not deal appropriately with the environment, with labour rights and, has been stated by successive members of this caucus, it does not deal with the fact that Panama is a tax haven. Panama has been delisted by the OECD. As the member before me stated, it has been black- and grey-listed because it will not provide information and there is no transparency with respect to financial transactions. Even with this deal, the Government of Canada tried to get the Government of Panama to sign a taxation information agreement that would make its information more transparent and it did not happen. However, it is a free trade deal and the current government is a free trade government and it is going to sign it come what may.

It was interesting listening to my colleagues. We talk about pushing for environmental protections, human rights and labour rights. I began to think about what we have been talking about in this House in the past number of weeks and months. How many times has the government brought in back-to-work legislation? Twenty-one times, completely and utterly taking away the right to free collective bargaining for working people in this country. The Conservatives are getting rid of science. They have shut down the Freshwater Institute; the Centre for Offshore Oil, Gas and Energy Research, gone; the National Round Table on the Environment and the Economy, gone; the National Council of Welfare, gone; the Fisheries Resource Conservation Council, disbanded last fall. These were organizations that provided valuable scientific and fact-based research to help governments and to help the private sector, to help communities make sound decisions and conduct themselves in ways that make our communities and our countries stronger.

The government has brought in a piece of legislation we are dealing with right now, the Trojan Horse bill, Bill C-38. It has stuffed an unprecedented amount of legislation into that bill. Seventy pieces of legislation would be changed. The Canadian Environmental Assessment Act would be completely repealed. The Fisheries Act would be changed substantially to the point where it would hardly be recognizable. EI would be irreparably changed. Is it being changed in the face of discussion and debate? Not one iota. The government unfortunately is engaged in relations with countries like Panama and it has absolutely nothing to hold to that country because the way it is conducting itself is anti-democratic and opposed to human rights. That is why it should be subjected to all kinds of criticism from this side and from others in this country.

Continuation and Resumption of Rail Service Operations LegislationGovernment Orders

May 28th, 2012 / 12:25 p.m.


See context

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am rising once again in this House to defend the rights of Canadian and Quebec families and the fundamental rights of workers. This government is a repeat offender in attacking the rights of workers to associate and bargain freely. In this case, 5,000 workers and their families are being affected. These people are being attacked by a government that cannot stop interfering and sticking its nose into matters that are none of its concern. The government does not do the things it should do, but when it should be doing nothing, there it is, in the wrong place at the wrong time. This has an effect on people's lives and on the living and working conditions of Canadian workers. This is unacceptable to us in the NDP, the official opposition.

I would like to point out a paradox that would be amusing were it not for its serious impact on workers and on the future of labour relations in this country. The paradox has to do with the Conservative government's ideology, which includes allowing the market to decide everything, the state not intervening, small government and no redistribution of wealth through social programs. In other words, laissez-faire economics. It is the notion that society will manage best if there is no intervention. Yet, bizarrely, the Conservatives' ideology no longer applies when it comes to the rights of workers; the government intervenes, and intervenes quickly—too quickly.

It is strange, because the Conservative government is looking a lot like the leaning tower of Pisa: it always leans on the same side. It always leans on the side of the shareholders, never on the side of working people and their families and their interests. I am going to try to demonstrate this, but the Minister of Labour has made a good start on that today by showing her true colours: the colours of a Conservative government that could not care less about people’s working conditions or their right of association, their right to use pressure tactics, their right to speak or their right to negotiate a collective agreement without having big brother, in the form of the federal government, coming along and saying no. They have to get back in line and get back to work, and they no longer have the right to speak or to bargain freely, because the government has changed the rules of the game. This is not the first time it has done this, and we will come back to that.

This bill, which we have not seen yet and whose content is unknown to us, is a matter of great concern on more than one front. It is a matter of concern because this government reoffends repeatedly, attacking free bargaining and working people’s right of association; this is not the first time it has done it. This violates the bargaining framework that has been in place in Canada for about a century. It upsets the balance of power between the parties, because in negotiations between an employer and an association of employees, each side has the ability to put pressure on the other. The employer has the right to lock out and has its management rights; the employees have their association and a collective agreement, and the right to use pressure tactics, including the right to strike, but we get the impression that under this government, the right to strike is being eroded away. Every time someone is inconvenienced, a stop is put to all of that. The people are told to get back in line and shut up, and told they no longer have a choice.

The right to bargain means the right to use pressure tactics. Last week, the Minister of Labour came out publicly and went to the media to announce, not even 24 hours after the workers went on strike, that if there was no negotiated agreement there would be special back-to-work legislation. What did the minister accomplish when she did that? She told the private company and the employer that there was no longer any motivation to bargain in good faith, because the legal and constitutional threat that the workers were using had disappeared. There is no longer a balance of power. The employer has no incentive to find a negotiated solution that would be reasonable for both parties.

In so doing, this government attacked not just those 5,000 families, but also the right to strike and to use pressure tactics. That upsets the historic balance between employer and union in labour relations in Canada, and this is not the first time it has done this. It is strange to note that the Conservatives do not do this when it is to preserve jobs. We will recall what the Minister of Transport had to say, not so long ago, when it came to the 2,400 jobs at Aveos.

The Conservative government responded that it would not interfere because Aveos was a private company.

As far as I know, CP is also a private company. How is it that the Conservative government cannot save 1,800 jobs in the Montreal area, but can rush to the aid of a very profitable company that wants to attack its employees' working conditions and pensions? In this case, the Conservative government is acting as quick as a flash, jumping in with both feet and imposing its will on the parties.

Last Wednesday, the minister told the head of CP that he did not have to negotiate any more because she was going to take action and force 5,000 people to return to work. That was the Conservative government's message—the same message it gave to Canada Post and twice to Air Canada. Today it is attacking the rights of CP workers.

In just over one year, on four occasions, this Conservative government has interfered in collective bargaining, favoured the employer and attacked the rights of workers by shoving down their throats concessions regarding their working and living conditions.

That is not acceptable to us in the NDP. We are concerned about this and so are the workers and their families across this country. Who will be next? The postal workers have paid the price. For the first time, the official opposition put up a fight in this House to defend their rights and allow them to negotiate longer. The Canada Post employees remember. They still congratulate us on the work we did as the official opposition, even though the Prime Minister's Office killed the agreements that had been reached at the bargaining table.

The Conservatives attacked the rights of the Air Canada pilots. They also attacked other Air Canada employees, like the mechanics. This time, it is the 5,000 workers at Canadian Pacific who will pay the price. For the NDP MPs, this is unacceptable. We are wondering who will be next. Which groups of workers will have to suffer once again the unnecessary, irresponsible, and unjustified interventions of this government, which jumps at every opportunity to impose cutbacks on the workers and hurt the economy in the same breath? I will come back to that.

There are not a lot of figures on this file, but there are some that are very important: 570 is the millions of dollars in profits that Canadian Pacific made in 2011. This is not a company that is struggling.

I had the honour of representing Quebec membership for years and with my union background, I can tell you that when a company is in real difficulty, the union and the workers' associations are able to sit down and come up with solutions. Concessions are negotiated. I have seen it happen. When the company is doing well, the employees can do well. When it is in difficulty, the employees are careful, they tighten their belts, they can accept freezes, they can spread things out. The workers know the score. They are not stupid.

CP Rail made $570 million in profit in a year. What is the government doing? It is dipping into workers' pockets in order to pay the company's U.S. shareholders. That is what is happening today. It is shameful and unacceptable. We are fed up with seeing this government interfere in free bargaining and attack fundamental rights, as they are doing once again today and tomorrow.

With $570 million in profit, this company is hardly in trouble. If the government had let the parties bargain freely, they could have found a solution. There is optimism in the early stages of bargaining, but when the government stuck its nose into the process, the employer started to get the message that it did not need to do anything. It could just sit back and wait for special legislation, which is very sad.

In the past quarter alone, CP made $142 million in profit. This is a company that is in very good shape financially. In the past four quarters, shareholders have received the largest dividends in CP's history. We are talking about historic amounts. In 30 years, CP shareholders had never received dividends as large as they received in the past four quarters.

The message that sends is that even if your company is doing well, you have the right to attack workers' working conditions. The government will not only let you, it will encourage you. That is what the government is doing today.

This gives us an idea of the real situation at CP Rail. We are told that there are problems with the pension plan. All pension plans have problems, and I will come back to this later, but the pension plan negotiated by the Teamsters and CP was 96% funded last year, and that is a very high rate. The plan is healthy. Yes, workers get good pension benefits, but that is because they put a lot of money into the plan. CP workers put twice as much money into their pension plan as other rail workers, including those at CN. Obviously, at the end of the day, they benefit from that, which is a good thing.

What is retirement? It means deferred wages, money that people set aside for their senior years, and this is a good thing. Canadian Pacific was asking for huge concessions, and the union, which was also at the negotiating table, was prepared to compromise. There was some openness in that regard. When the company talked to the union and met with it, that is what it told us. It knew it was facing a challenge, but I would also point out that this company is extremely profitable and financially sound. We must not forget that.

The Minister of Labour and the Conservative government have only a single argument: the impact this will have on the economy. I have not heard anything else from the minister. The first thing I would say to that is this: if you use pressure tactics and it has no impact, you do not hold much balance of power. When the minister announced the special legislation, the strike was not even 24 hours old. This really pulls the legs out from under workers. It pulls the rug right out from under them and violates their rights, once again.

If this has any impact on the economy, it is because of the balance of power. That is how the labour relations system functions in this country. Of course it should have an impact. When the employer imposes a lockout, that also has an impact on workers. When workers resort to pressure tactics, of course it has an impact. If that were not the case, they would not be called pressure tactics, because there would be no balance of power. Our system is built on that principle.

I would like to respond to the minister's argument about the economic impact of the job action. Reducing Canadian Pacific workers' pensions by up to 40% will have an economic impact because it will reduce salaries and pensions overall. That is dangerous because we need people, seniors with good pensions who can keep spending money in their communities. If these people have no income other than OAS, which they will not receive until they turn 67, what impact will that have on our cities, towns and communities? These people will be poor and will no longer be able to spend money the way they used to in restaurants, corner stores and clothing shops or on travel and tourism.

A company that racks up a $570 million profit in a year, then asks its workers to agree to cuts of up to 40% of their retirement benefits is indecent. The NDP understands why workers are not okay with this. These people have contributed to their retirement plans and do not want the benefits to decrease.

The icing on the cake is that 2,000 non-unionized workers—mainly Canadian Pacific managers—contribute to the same pension plan. Yet, they receive the same benefits despite the fact that they contribute half as much as the unionized workers. That means one thing: this is an attack on people's ability to spend and have a satisfactory retirement. It is a very important issue, not only for the workers of Canadian Pacific, but also for the entire population.

In passing, I wish to salute the campaigns of the Canadian Labour Congress and the FTQ that, for several months, have been urging the government to invest and inject money into the public pension plans.

Indeed, that would be the most effective and healthy way of ensuring that retirees and seniors live decent lives. These are simple and affordable solutions that could save all seniors from the grips of poverty. Therefore, it is important to invest in the guaranteed income supplement, and also to invest in the public plans, the Canada and Quebec pension plans.

These tools exist, but the Conservative government is ignoring them and prefers to give free reign to a company that intends to slash the benefits of its workers. For us, that is unacceptable because it will have repercussions on the economy and on the lives of families and future retirees. When people invest a lot of money in a retirement plan, they expect to receive benefits; that is natural. It is a pity that the government is encouraging management to move in this direction. That is what this legislation does today. It is not good for the economy, nor is it good for communities and families.

Here are a few examples of the draconian effects that Canadian Pacific's demands will have on Canadian middle-class families. Indeed, the attacks on unionized workers are very much attacks on the middle class. The middle class is primarily a creature of the union and labour movement because, before people became organized and fought for their working conditions and their rights, they faced exploitation that was even worse than we see today. Yet, there is a sense that the middle class is crumbling because labour unions are being attacked. Once again, the Conservative government is pushing this ideology.

Here is an example: an employee who is 50 years old with 30 years’ service for Canadian Pacific would lose $9,900 every year to the end of their life. The changes proposed by the employer and encouraged by the Conservative government would cause that person a loss of nearly $10,000 a year. A locomotive engineer aged 50 with 30 years’ service, who lives and works in British Columbia and has five years left to work before being able to retire would see their pension cut by $9,900 a year, if Canadian Pacific gets the concession it is demanding. That employee will have invested their entire adult life in that career; they are preparing to retire and have no alternative to replace that income to entitle them to a pension that Canadian Pacific is trying to take away from them. That employee made higher contributions than the contributions paid by employees of any other railway company, and now the government would give the employer preference by acquiescing in the significant concession that Canadian Pacific is demanding from its Canadian and Quebec employees. This is shameful. This is not the way to treat people. This is picking the pockets of working people and their families so the company, which is already making a profit, will make even more profits. A profit of $570 million in one year is not enough; it has to have $600 million or $700 million. How are they going to achieve that? They are going to hit the workers over the head, they are going to lower their working conditions and cut their pensions. What that will do is impoverish our society; it will impoverish the whole of our real economy. That is what the Conservatives seem to forget. They are blind to this phenomenon.

Here is another example: an employee who is 40 years old with 20 years’ service for CP would lose more than $27,000 a year. That is appalling. A conductor aged 40 with 20 years’ service who lives and works in Saskatchewan and has about 15 years left to work before being able to retire would see their pension cut by more than $27,000 a year, if Canadian Pacific gets the concession it is demanding. That employee will have invested their entire life and be preparing to retire. They will have no other choice, no other option. They counted on this; it was their nest egg. I would point out that this employee has paid higher contributions than the contributions paid by employees of any other railway company in the country, but the government is giving the employer and its concession demands preference, once again. It is shoving substantial losses of income down these people’s throats, when these women and men, who work hard, who provide a service to our economy, will be losing their pensions. In the NDP, we think they deserve more respect than that.

Here is another example: a 30-year-old employee with 10 years of service with CP would lose more than $30,000 a year upon retirement. An Alberta train conductor who is 30 years old with 6 years of service will still need to work another 25 years before retiring. His pension will be cut by $30,000 a year. He will have invested in this fund throughout his life, because there was no other alternative available, no other option. The Conservative government is going to make this young worker pay the price, and his living conditions will be affected by the special bill that the Minister of Labour is about to introduce in the House.

And it is unfortunate, because I would have liked to have had the opportunity beforehand to ask her whether she was going to have the courage to introduce the bill today so that we could see exactly what the details were. Or did she feel that it would be better instead to wait another day, given that the motion on the subject was clear in any event: she is planning to spend only 3.5 hours of debate in this House on the matter. We will have 3.5 hours to discuss very important special legislation that will have a major impact on the lives of 5,000 people in this country.

Pension plans are an essential factor for the redistribution of wealth and equity in our societies. Unfortunately, we have a government that is not doing anything to improve or protect pension plans.

I am going to relate a family anecdote. My grandfather Urgel—I think I am allowed to use his name—worked for the Singer company for 44 years in a big factory; it was a big company in Saint-Jean-sur-Richelieu. He worked at the forge with his friends. When he retired, the company left with the pension fund. He was left with nothing. There were legal proceedings for years, even decades. By the time the workers finally won their case, my grandfather had died. He never got his money.

Why is this government going down the same road and attacking Canadians' retirement plans? Why is it unable to do anything to help them? Why, when a company declares bankruptcy, are the workers not at the top of the list of creditors? Why are the banks and shareholders the ones who collect the money and why are there only ever crumbs left over for the workers? We have a government that is heading in the wrong direction, that makes bad economic choices, that always favours the same people, when people are in need and people in the middle class are having a hard time making ends meet. The middle class is shrinking and the Conservative government is not helping.

From 1980 to 2009, the purchasing power of the middle class has remained unchanged. The richest 20% became 38% richer. Over a period of roughly 30 years, their incomes increased by nearly 40%. The poorest 20% have seen their incomes drop 11.5%. The poor are poorer today than they were in 1980 because they had greater purchasing power then than they do now. The middle class has stagnated; there was no increase. Middle class incomes did not go up. If their income does not increase, how are they supposed to cope when the price of fuel, milk and meat increases, when the cost of groceries and rent goes up? What does this mean? This means that there are people who are poorer today. The middle class is poorer today than it was 30 years ago.

Shoving special legislation down our throats is not going to improve the situation or change anything. The government giving tax credits to the oil companies at every turn is not going to help Canadian and Quebec families. The government tells us it gives families tax credits, but, again, those families have to have enough income to pay income tax in order for such credits to be of any benefit.

Allow me to come back to the issue of the Canadian Pacific negotiations, because they are at the centre of today's discussion and of this infamous bill that the Minister of Labour will be introducing.

I want to speak about fatigue management. Canadian Pacific workers are constantly on call. They must be reachable by telephone 24 hours a day, seven days a week. There is a real problem at Canadian Pacific, that of fatigue management. There was a pilot project that lasted five years. This phenomenon, which affects hundreds of workers across eastern Canada, was studied. The issue was studied because there is a real problem with fatigue at work. Solutions were found, but nothing was done.

Today, we have a government that is helping an employer perpetuate a dreadful situation where employees working conditions subject them to extreme fatigue. Canadian Pacific workers have put forward legitimate demands at the bargaining table.

Just imagine: what was the demand for a person who has worked several weeks full-time? Two 48-hour break periods per month, real breaks, just to sleep. From time to time, it feels good to be able to sleep at night, and not during the daytime, because it is not the same quality of sleep. The workers documented this, had a study done, and came up with concrete solutions.

It is 2012 and we still have to fight to get days off, to be able to say that enough is enough, that we have worked long enough, and that we would like to spend a couple of days at home. The fact is that Canadian Pacific workers are unable to plan anything at all because they are always on call. Why not come up with a freely negotiated solution that says these workers will have two 48-hour periods per month when they can guarantee that they will be at home with their family and their loved ones? That is not asking too much. These demands are entirely reasonable.

What is this Conservative government doing? It is making it possible for the employer to perpetuate this situation. Canadian Pacific workers will continue to be tired. This not only has an impact on workers, their families, their family and community life, it also has consequences in terms of public safety. It is not in anybody's best interests to have people who are overtired managing trains. It may end up causing accidents and derailments. It is impossible to know what might happen.

We know that CP transports goods and sometimes dangerous goods. The trains sometimes go through residential areas, towns. Do we really want to have exhausted people working on or around those trains? Personally, I want CP workers who are healthy, proud of what they do and able to work under normal conditions, but they cannot at present. The Conservative government is totally insensitive to this.

This special back-to-work bill, the fourth in a year, will have an impact on public safety. That is shameful. It is shameful because not only does it send the wrong message and violate workers' fundamental rights, but it delays solving the real problems at CP.

Just imagine what will happen if this bill is passed and CP workers are forced back to work, even though they were exercising a legitimate and legal right. Imagine the poisoned work environment. This is not in anyone's interest, not even the company's. Problems that are not resolved today will still be problems tomorrow.

What the government is doing is putting things off, seeking a short-term solution and violating workers' rights. This will mean downgrading working conditions and reducing pensions, wages and leave; that is the message the Conservative government is sending today. This will leave scars on CP workers, and the problems that are not resolved will resurface with even more resentment, even more acrimony, because people will be frustrated. Forcing people back to work is never a good solution for the medium or long term. The government should have let the parties negotiate freely. The bargaining had not been going on for years. This strike is not very old.

The minister did not even wait 24 hours to issue her threat and hoist her sword of Damocles over the heads of Canadian Pacific workers. That is not a responsible way to behave. For once, we would have agreed with the Conservatives government's tendency to do nothing, to let the two parties continue negotiating. The government could have let the two parties—on the one hand, a strong union representing hundreds, thousands of workers, and on the other, a company just as strong, important to the country and profitable, which is a good thing—reach an agreement. Still, given that the company is profitable, it should treat its workers well because they are entitled to their fair share.

Another issue that this bill raises—and this has come up over and over again in the House over the past year or more—is the fact that just as this government seems driven to attack workers' rights and working conditions, so it seems driven to silence MPs.

The motion we are debating here today is basically another gag order, because it sets out very specific guidelines for the discussions and because the government does not appear very willing to listen. I will read the motion:

(a) the said bill may be read twice or thrice in one sitting;

(b) not more than two hours shall be allotted for the consideration of the second reading stage of the said bill, following the adoption of this order;

(c) when the bill has been read a second time, it shall be referred to a Committee of the Whole;

(d) any division requested in the committee shall be deferred until the end of the committee's consideration of the bill;

(e) not more than one hour shall be allotted for the consideration of the Committee of the Whole stage of the said bill;

Wow, one hour.

There are 308 members in this House, all parties combined. I do not have a calculator, but if we divide one hour by 308 members, that does not allow much time for everyone to speak, although when we are in Committee of the Whole, we should be able to propose amendments to the minister's bill.

Thus, at second reading, two hours of debate will be allowed, but during the Committee of the Whole, only one hour is granted. The motion continues:

(f) not more than one half hour shall be allotted for the consideration of the third reading stage...

It is a good thing we do not have a fourth reading, for it would get only 15 minutes, since the Conservatives are cutting the time in half each time.

Canadians and Quebeckers are starting to get a little tired of the government’s arrogant and condescending attitude, because we are seeing the gag being used repeatedly in this House. We have seen it several times. If my calculations are correct, today is the 21st gag in a year. That is a record I would not be proud of if I were a Conservative member, because it is an infringement of members’ freedom to speak to bills as fundamental as those.

We have seen this with other bills. Debate on Bill C-38, a bill that amends 69 acts and is 450 pages long, was gagged. That bill will therefore be considered by only one committee, the Standing Committee on Finance. In Bill C-38, the government is amending a lot of things and attacking a lot of rights. One third of the Act to implement certain provisions of the budget relates to environmental assessments. As they say, the connection escapes me. The bill also amends the Fisheries Act and fish habitat provisions. That is going to be considered by the Standing Committee on Finance. I imagine that the Standing Committee on Finance has invited a lot of fish habitat experts—or at least I hope it has—because that is a consequence of this bill.

Why is the government refusing to listen to parliamentarians, to members? Because it does not want to hear the amendments; it does not want to have suggestions; it does not want to agree to amendments; it does not like opposition; it does not like democracy; it does not like debate; it does not like discussion. One thing is clear: to the Conservative government, democracy means 35 days every four years.

We know that once the election is over, if we happen to have the misfortune of getting a Conservative majority government, it has no further need to listen to anyone and it does what it likes.

Excuse me, but that is not a healthy, living democracy. There has to be dialogue with the public, with the people. There has to be discussion with colleagues in Parliament. Unfortunately, we have a government that has a closed mind and even gags its own members, who might like to speak occasionally, but have to close ranks.

Recently, we had a few examples of people who dared to think for themself, dared to use their critical thinking skills and say that it was perhaps a little extreme to impose a gag for a 450-page-long bill with consequences for a multitude of issues and subjects, but they were immediately brought to heel. Bam.

On the opposition side, perhaps we would also like to hear what the Conservative members have to say, what they are talking about, what they think. Do they think it is healthy in a democracy to have a bill of this kind shoved down the throats of parliamentarians—on which they are unable to express their views?

Unfortunately, the special back-to-work legislation is another demonstration of this. We have a government that will not take responsibility when workers lose their jobs. It says that nothing can be done; these are market forces at work; and it is really sad.

I really liked it when the Minister of Transport expressed his sympathy and his sadness about the 2,400 Aveos workers, even though the Air Canada Public Participation Act had provisions forcing it to maintain jobs, primarily in Montreal as well as other cities across the country. Now the minister is refusing to enforce it because Air Canada created a subcontractor, Aveos. Because of that, the legislation does not apply anymore and the government can wash its hands of the whole thing.

When that is the issue, the Conservatives sit on their hands and do absolutely nothing. However, when it is a question of people exercising their right to freedom of association, freedom of expression, to use pressure tactics and a possible strike, then, what does the government do? It does what it did before. It brings out the big guns and boom. It tells people to get back into line and go back to work, because it does not want any repercussions. The company is doing well, but it does not have to make any concessions. It is always the same ones who have to make concessions; it is always the workers who have to compromise their working conditions and their living conditions. For us in the NDP, the official opposition, this is not a fair and equitable standpoint. This is not the kind of society we want to live in. Why can they not simply let the parties express themselves and give free reign to the balance in union-management relations that we have found in this country? The collective agreement with CP had not expired very long ago and, before the government got involved, the negotiations were going well. The company is profitable and is able to talk with its employees. However, with the threat of special legislation hanging over them, I say again, the Minister of Labour has destroyed that balance and unfortunately given the advantage to just one side, the management side.

The official opposition—the NDP—is incensed and opposes this bill that attacks workers' rights. We are starting to get fed up with the attitude of this government, which gives tax breaks to big corporations that do not need them and does nothing to help people who have trouble paying their bills and providing for their day-to-day needs. That will be the fate of the CP workers if this bill passes and their pensions are affected and reduced in this way, as is expected. We are anxious to see what exactly is in the bill because we do not yet know what it contains. Will the government impose arbitration? Will it side with the employer? We are anxious to find out. We would have liked the Minister of Labour to introduce her bill today, but she does not seem to have the courage to do so.

I will close by simply saying that the official opposition vehemently opposes a special bill that forces workers to return to work, attacks their fundamental rights and worsens the working and living conditions of thousands of Canadians. It is unacceptable and we condemn it.

The EnvironmentAdjournment Proceedings

May 17th, 2012 / 6:45 p.m.


See context

NDP

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

Madam Speaker, while the Conservative government has an abysmal record on attacking climate change, it is trying to take credit for what the provinces have been doing. We know that in my home province, the provincial government has taken various efforts to try to reduce its greenhouse gases.

While the government has an abysmal record, it is trying to take credit for work that it did not do. The parliamentary secretary also mentioned the Sustainable Development Technology Canada program, which it cut in this budget.

We are missing out on an occasion to participate in the $1 trillion global green technology market.

Despite what my hon. colleague said, budget 2012 and Bill C-38 are two more measures that prove that the Conservative government does not care about the environment.

First of all, Bill C-38 confirms the repeal of the Kyoto Protocol Implementation Act. Then, it eliminates the National Round Table on the Environment and the Economy, an organization that advises the government on sustainable development. Initially, the minister said that the organization was being abolished because the unique research it did was available on the Internet. However, the government recently admitted that it had been embarrassed by the organization, which was a thorn in the government's side—

Protecting Canada's Immigration System ActGovernment Orders

May 17th, 2012 / 3:45 p.m.


See context

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, I thank the member for participating in the debate. I think she is misinformed in a number of respects, one of which is the suggestion that Roma asylum claimants are not being fairly considered by our refugee system. Nothing could be further from the truth.

Under the current system and the system proposed by Bill C-38, claimants from whatever country of origin, ethnicity or cultural or racial background will all have the same access to the same fair and independent quasi-judicial process on the merits of their claim before an independent decision-maker of the quasi-judicial IRB in a manner that is consistent with natural justice and due process and that exceeds the requirements of the Charter of Rights and Freedoms and the 1951 refugee convention.

The member raises the notion that somehow there is a negative prejudice associated with asylum claims from European Roma. I have certainly done nothing to suggest such a negative prejudice. However, what I have done is comment on the objective mathematical fact that since we granted visa exemptions for several European countries in 2007 and 2008, some 95% of the European asylum claimants have not shown up for their own refugee hearing at the IRB and have abandoned or withdrawn their own claims. Of the tiny fraction that went to adjudication, only a tiny fraction of those were deemed to actually be well-founded asylum claims.

Is the member not concerned to see such a large wave of demonstrably unfounded asylum claimants in our system, not based on my opinion but on the actions of the claimants themselves?

Business of the HouseOral Questions

May 17th, 2012 / 3:15 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, first, arising out of questions of decorum, I am a believer that anything we do to elevate decorum here is a positive thing. I encourage him. For example, one of his members today, in a question, referred to a minister as being responsible for the department of propaganda. That is an example of what we consider to be the inappropriate kind of thing we hear from the opposition all the time.

We are very interested in seeing this Parliament function and making decisions. We have been happy to see that happening on the budget, with the longest-ever debate on a budget bill probably in Canadian history. We were happy to facilitate that through the rules. We will continue to ensure that we have broad and thorough debate here, but that we also make decisions so we avoid going down the path that others would like to go, to see us go down the path that we see Greece going down and places like the United States, where they have not had a vote in the Senate on a budget bill since April 29, 2009. We do not want to have that kind of indecision and crippling of our economy. However, we are moving forward.

The government's top priority is the economy. On Monday night, as scheduled weeks ago, the House passed Bill C-38, the Jobs, Growth and Long-term Prosperity Act, at second reading, bringing us one step closer to balancing the budget and assuring the responsible development of our resources.

The bill, which implements economic action plan 2012, is now with the Standing Committee on Finance and a subcommittee for detailed study by those two bodies.

As a result of the extensive debate we ensured for this bill, even the deputy leader of the NDP described it yesterday in the House as “being studied more than any other budget bill.”

Just so my friend understood this clearly, it was his own deputy leader who described the bill in the House yesterday as having been “studied more than any other budget bill”. That demonstrates our commitment to full debate in this House.

This afternoon, we will continue report stage for Bill C-31, the protecting Canada's immigration system act. This bill needs to become law before the end of June, so we will resume debate on the immigration bill on Tuesday, May 29, after the House returns from its upcoming constituency week.

Tomorrow the House will have an opposition day when we will debate an NDP motion.

On Monday, May 28, the House will have third reading of Bill C-11, the copyright modernization act, which would help our creative and digital economy. After years of thorough study and debate in this chamber, the members of the other place will finally have a chance to consider this important economic legislation.

May 30 shall be the fifth allotted day, which I believe will see a Liberal motion debated. Finally, May 31 shall be the sixth allotted day, which will go to the New Democrats.