Jobs, Growth and Long-term Prosperity Act

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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 5 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is interesting how this member and the member before him talked about Bill C-38 as a bill that has been here for hours of debate and that for that reason it should be passing. However, what the members did not point out is that the bill is fundamentally flawed.

Put simply, the fundamental flaw is that it is not a budget bill. Yes, on paper it is a budget bill, but in reality it brings in numerous changes to 60-plus pieces of legislation that the Conservative majority government is trying to sneak through the back door.

My question to the member is related to the member for Kootenay—Columbia. This Conservative member went to his constituents, sat down with them and then, after having a discussion, came up the revelation that, yes, it is a bad bill. There might be a dozen or so Conservatives who agreed with that. The problem is that the Prime Minister will not allow those members the freedom to express themselves. In fact, he implies that the backbenchers did not have a say on the bill.

My question to the member is this: did he have a say in this bill before it came to the legislature? Did he consult with his constituents? Are they like the Prime Minister's constituents or like his colleague's from British Columbia?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 5 p.m.


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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, we have pointed out that Bill C-38 is a real Trojan Horse. I would like to remind the hon. members of what a Trojan Horse originally was: it was a ruse to deceive an enemy. With Bill C-38, Canadians are being deceived.

This government claims that its budget focuses on job creation, but everything in the bill demonstrates the opposite. Last April, the Parliamentary Budget Officer confirmed that the Conservatives' austerity budget would result in the loss of 43,000 jobs and would slow Canada's economic recovery.

Can the hon. member tell us why he continues to talk a lot of nonsense about job creation when the outcome will clearly be a loss for our economy?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 4:45 p.m.


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Conservative

Mark Adler Conservative York Centre, ON

Mr. Speaker, it is my great pleasure to rise in the House today to speak in favour of Bill C-38, the jobs, growth and long-term prosperity act. The budget we introduced on March 29 is a moderate budget that keeps us on a strong fiscal track to balance the budget by the 2015-16 fiscal year.

On the weekend I was reading a story, Chicken Little, to my young daughter. In the story, a leaf falls from a tree and lands on the little chicken's head, and the chicken thinks the sky is falling. My daughter was very intrigued by this story, and we started to talk a little about it. I was curious about the origins of the story.

We went on to Google, looked and did a little research. We found that there is such a thing as a Chicken Little syndrome. I have to say that the first thing I thought about when I read about Chicken Little syndrome was the NDP. I dug out a definition. According to the Merriam-Webster Dictionary, Chicken LIttle syndrome is “one who warns of or predicts calamity especially without justification”.

That pretty much describes what the NDP is all about. It seems to be frozen in perturbation. What I mean by that is if we go back in the NDP history, back to J. S. Woodsworth, to Coldwell, to Douglas, to these great giants who were leaders, they—even Hazen Argue, the only NDPer ever appointed to the Senate, although he did switch to be a Liberal upon appointment—worked with the governments of the day. They were not destructive entities within the House. They did not oppose for the sake of opposing.

I had a number of calls from constituents over the end of last week and throughout the weekend. They said to me, “Mark, what is the opposition up to?”

When I was canvassing last year, on this side of the House we promised the people we would go to Ottawa and would sweat and bleed for them. We would work our hearts out for the people. We would not play games of process and procedure.

This is what the NDP does. The NDP and its Liberal partners stop us from doing the work of the people, the people who sent us here in a strong, stable, national Conservative majority government. The NDP members talk about how they did not have enough time to examine the budget. I sit on the finance committee, and we had 50 hours of debate on the budget. We had a subcommittee that looked into the budget for 20 hours.

If we combine the total hours of debate on the previous seven budgets, this budget has received twice as much debate. Absolutely, wow. The member for Burnaby—New Westminster consumed 13 hours reading Twitters from his mother, and he restricted 27 members—

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 4:45 p.m.


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Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, let me assure my friend from the New Democratic Party that is not the government's intent. We would not support it if it meant there would be no environmental review, if it meant people could do whatever they wanted, as he has just suggested. I dare say the member would not find anyone on this side of the House who would accept that. That is not what this legislation proposes to do.

Bill C-38 would ensure that no conflicting departments would be doing separate reviews. When there is a project, there would be an environmental review, there would be an environmental assessment. Many of these deal with small culverts, small projects that in the past have been handcuffed. The red tape did not stall a lot of the projects, but it added a huge cost for our municipalities.

We want to see that environmental assessments are done, but not one environmental assessment and then another environmental assessment and then another department with an environmental assessment. We want to see one project, one assessment, and then we can proceed. That is how jobs are created, that is how an economy is kept strong, and that is how we encourage our municipalities to better the communities in which Canadians reside.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 4:40 p.m.


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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, I listened to my Conservative colleague talk about people in rural areas and the environment. He said he has heard from people in municipalities, councillors and so on, who told him to get rid of all the red tape. They did not want a guy from Calgary coming down to sign a piece of paper and go back. I hope the person from Calgary was not just coming in to sign a piece of paper. I hope he was doing his job and looking at whether the part about the environment was right or not. Is the member not worried about that?

People will feel free to do anything. Some will want to start a business, never mind the environment, never mind the red tape, never mind listening to the experts. They will just go ahead and do it.

The population will not accept that. People will not accept an environmental assessment not being done, and that is what the bill would do. Bill C-38 proposes to bypass any environmental assessment, which is not good for our planet and is not acceptable.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 4:30 p.m.


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Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, it is again an honour to be able to stand in this place to debate the bill and to speak in support of budget 2012. Today we are here debating, at third reading, Bill C-38, the jobs, growth and long-term prosperity act.

This past weekend I had the opportunity to attend an event in southern Saskatchewan. Many people came up to me and said they bet I was happy that the budget is now passed, that the implementation bill is passed and that it is all over. I explained to them that, although we got through report stage and we dealt with the amendments, we have not completed it yet, we have not finished voting on this. They said, “You mean you've got to go longer on this?”

For all those who may be watching, many know that most members of Parliament from all sides of the House were up for 41 hours. There were 21 or 22 hours of voting, but when we look at the clock, most were up for well over 40 hours during that span, and it is not finished yet.

In fact, this week before we rise for summer break, we will be sitting until midnight every night and there very well could be a vote later this evening. And so, it is not completed yet.

Why? It is because the opposition, in the last report stage, brought 871 amendments before this place. The Speaker had to advise the opposition that the rules and practice of this place do not lend themselves to taking 871 consecutive votes and so he cut them back to 159.

Today, again, we get to debate the implementation of the bill.

The budget was tabled March 29. This House has been debating it for close to three months. The finance committee has held special meetings, subcommittee meetings, as per the request from the opposition. Together, all these committees have held more than 70 hours of meetings and have heard from more than 100 witnesses who came in front of the committee to testify.

Bill C-38 has had more debate in Parliament than any other piece of legislation for the past 20 years.

As the member of Parliament for Crowfoot, in Alberta, I could say a great deal in support of budget 2012 and Bill C-38.

Speaking positively, I can begin my remarks by assuring my constituents and all Canadians that our Conservative government has committed, in this budget, to maintain health care transfers to the provinces at record levels. We have made this long-term commitment.

Where I come from, we do not soon forget the type of budget that the former Liberal government brought forward to this place, which balanced the federal books, and we applaud it for that, but did it on the backs of taxpayers and, in large respect, it did it by cutting $20 billion to the social and health care file.

We have said we are not going to do what the Liberals did.

My constituents have told me that access to quality health care service is one of our most important priorities. Especially in a rural area, we want to make certain it is stable.

Mr. Speaker, before I go on any further, I should have mentioned before that I will be splitting my time with my good friend from York Centre.

My constituents know that health care is important. This budget and our government answers to the idea of long-term funding that would be assured to the provinces.

As the government, we know that in the short term we must provide the policies that would lead to the fiscal conditions necessary to foster a strong health care system that would serve all Canadians over the long term. A strong economy is where Canadians can find work that would allow them to pay their taxes to the federal government and to the provincial governments, so that many of the programs and services they rely on will be able to deliver for them. Budget 2012 would establish the policies that would maintain the services our government provides and ensure that they are sustainable.

There are a large number of initiatives in Bill C-38.

How would Bill C-38 take short-term measures to ensure long-term sustainability? There are a number of examples. First, it would do so by streamlining the process for the approval of energy projects. This one topic we could speak on at great length, especially for provinces with a growing resource sector. It goes even further than that because it would allow for jobs to be created across the country.

The budget implementation bill will spell out how it would help Canadians to find jobs and to create new jobs. We can stand in the House and the opposition will say that we are not doing anything to help Canadians find work and we will stand up and talk about the 700,000 jobs that have been created in this economy. Having a strong economy is the key to being able to find work for most Canadians.

The budget would help remove redundant or extra layers of bureaucracy. It would take the Department of Fisheries and Oceans out of the creeks and watersheds of the Prairies and focus its work on the fish habitats on our coasts and in our lakes. I was not going to speak specifically to this point, but I think I want to because when I go out and visit my county councils and my municipal councils, especially in the rural municipalities but even in some of our towns and smaller cities, they talk very pointedly about this being their number one issue.

People might chuckle, but it used to be that when we went out years ago, most of these rural councils talked about the importance of strychnine, because of gopher and rodent control there. That was their issue. Second to that was the issue of the Department of Fisheries and Oceans, and even navigable waters, because every time they wanted to do even some minor project two and a half hours from Calgary, they would have to bring someone out just to give it a check of approval. Then they would have to bring another department out to do a check of approval. The councils complained that we were killing them with red tape and asked us to do something. I am thinking of Wheatland County and Stettler County, I believe, from which I received letters asking me to do something about this.

The opposition comes and says they are killing the fisheries. That is not a fact. That is rhetoric. We are delivering requests that Canadians have made to this and former governments over the years. We are responding in Bill C-38.

Obviously, I support the budget. I looked at some of the amendments. When we have 800 and some amendments we are not going to read through all of them, but I did look at some of them. I found it disappointing. It was blatantly obvious that what the opposition members were trying to do was not make the bill better. They would say we cannot make the bill better, so we have to scrap it, but they were going to try to amend it. Basically what they were doing was simply stalling everything they could. Of the amendments I read there was nothing really helpful to specific sections of the bill. They were all basically just trying to stall at every juncture. They were trying to change every point the government was trying to accomplish in the bill.

The opposition parties had their opportunity to go forward with their political high-tax, high-debt agenda. They offered their plan to Canadians in April 2011, and in May Canadians voted our Conservative government to a strong majority position in the House. Canadians wanted us to get the job done.

Some of the opposition members are suggesting we have gone too far. I chair a committee, and I sat through the last Parliament. Although I think most committees are working fairly well, and I will give the NDP and Liberals credit where it is due, in the last Parliament we would do a study and we would sit through the whole time and at the last possible moment they would come in and completely change the report, not to what we said, but they pushed their agenda through.

This here is not the type that tries to push something through. This was debated more than any other budget implementation bill in the past.

We were elected to govern and we intend to govern. We intend to govern in the best interests of all Canadians. It is a tough task. How are we going to satisfy everyone? The bill is not going to be stalled only for the sake of stalling.

A lot of governments are gridlocked right now. This government does not want to be gridlocked, but we do want strong, wholesome debate. We have had it; now let us move on with the vote.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 4:30 p.m.


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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I do not know where to begin.

How nice that the parliamentary secretary thinks he can rewrite history to say that the NDP is going to filibuster or speak out on this. No, the NDP only does that when we have good reason to do so. The NDP opposes not only the provisions of Bill C-38 but also its undemocratic nature and the manner in which it was introduced.

I called this the anti-jobs, anti-growth, anti-prosperity bill, and that is exactly what it is. The parliamentary secretary must realize that we need to have these debates not only for discussion in this House, but for all Canadians. They have a right to know that decisions are being made transparently and responsibly. They have a right to understand the debate on the various issues. That is what the government refuses to do.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 4:25 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, my hon. colleague has put his finger on a problem we have had repeatedly in these debates, which is that hon. Conservative members appear to confuse Bill C-38, which is before us, and the budget itself. Earlier today in debate, a parliamentary secretary said that this bill had been placed before us March 29. That is clear confusion. This bill was placed before us April 26 and the budget was March 29. They are not the same thing. In the same way, the Toronto Sun was misinformed, as if this is somehow holding up the economic action plan. If the economic action plan is to remove the Inspector General from the Canadian Security Intelligence Service, I wish we had time in the House to find out how they are connected.

In point of fact, this illegitimate, monstrous bill represents 40% of the legislative agenda of the House of Commons in the last year with totally inadequate debate.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 4:20 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, there is no doubt that the number of pages in Bill C-38 and the number of bills that it would change and impact make it very much an anti-democratic bill and completely unprecedented. This Conservative majority government has a different type of attitude in the way in which it wants to manage the House, which is most unfortunate.

There are many issues, but I want to make reference to one specific issue, and it is the world-renowned Experimental Lakes Area. The government is hoping to save $2 million. There will be an impact on water research, scientists, fish habitat and water quality. The government is now looking at getting rid of it completely. There are those specific things that this budget would impact and then there are the bizarre things that, through the back door, the government is bringing in, such as wiping out environmental legislation and neglecting and being cruel to immigrants who are being processed.

I am wondering if the member would agree with me and members of the Liberal Party that the best way to fix this bill is to take it back to the drawing board and bring in legislation that is in fact a budget implementation bill because, as this bill currently stands, it is the farthest thing away from that.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 4 p.m.


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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, before statements by members and question period, I briefly explained why Bill C-38 is antidemocratic. There are several reasons. As I explained, we were given very little time to debate it despite the government's claim that 70 hours of study in committee was plenty of time. The bill amends, adds or repeals 70 acts, which would take some 350 hours—four to five hours per act—based on the committees' traditional practices. That is not what happened.

In addition, the scope of this bill is immense. In 2009, the budget implementation bill was over 500 pages long—552 pages to be exact. However, every clause in the 2009 budget implementation bill related to the budget. There were amendments to the Income Tax Act, sales and excise taxes, the customs tariff, employment insurance, financial system efficiency and so on. Every item in the bill was related to the budget. That is not the case with Bill C-38.

Not only did we not have enough time to deal with such a vast bill, but we also had to deal with a number of provisions that had absolutely nothing to do with the budget, which causes a specific problem.

If I have time at the end of my speech, I will add some interesting quotes.

However, it is interesting to note—and I insist on doing so—that the way the government proceeded has really created a consensus that crosses party lines. Both left and right are against the way the government presented the budget in an omnibus bill, a kitchen sink bill.

Let us come back to the economy. In fact, as we know, the bill is called the Jobs, Growth and Long-term Prosperity Act. However, when you get right down to it, it is exactly the opposite. It is important to understand that the 2012 budget tabled in March, which has already been passed, even though the government does not seem to remember that, talked about $5.2 billion in cuts and the elimination of 19,000 jobs. This will have major repercussions. It is an austerity bill that will have recessionary consequences. That is why the Jobs, Growth and Long-term Prosperity Act is ill-advised, or at least the title is.

Let us talk about growth. The Parliamentary Budget Officer made an estimate using the same model as the Minister of Finance did. He did not pull it out of his hat. There is nothing new about it. For his projections, he uses the same methods as those used by the Department of Finance and the Minister of Finance. By adding in the elements of the 2012 budget, the Parliamentary Budget Officer came to the conclusion that we could expect 0.9% less growth than the potential we might have expected. So that means that if we had been expecting an increase of 2.5% in the GDP, for example, we will get an increase of only 1.6% in the GDP instead. That will be a problem in the future because a reduction in growth like the one the Conservative budget will entail will also have an effect on the number of jobs. In that context, the Parliamentary Budget Officer, still using the same model as the Minister of Finance, estimates that, in 2014, 102,00 jobs that could have been created will likely not be, and will therefore potentially be lost.

In that sense, the government's bill does not promote jobs. It does not promote economic growth. The effect will be the opposite.

A number of provisions in Bill C-38 will result in downward pressure on salaries and will have terrible consequences for jobs. I will describe four in particular. We all know that the bill contains many provisions. It has 753 clauses, after all. In the time I have, I will focus on four aspects that will have harmful effects on the economy.

The first is employment insurance. There is nothing much about it in Bill C-38. Two items that define suitable employment are being eliminated, specifically the reasons for which a claimant may refuse a job without fear of losing his benefits. Two specific aspects are being eliminated. The first is that he can refuse work if it is not in his profession. The second is that he can refuse work if it is of lower quality than his previous employment.

Why are we eliminating those two clauses? It is to give the minister the discretion to draw up regulations that will make up the rules of the game. By giving the minister this discretion, we end up with a situation where the rules of the game can change without the consent of Parliament and its elected members. That will be in the hands of the minister.

Actually, I think she was feeling the heat because she had to justify those regulations. She refused to explain, and so did the Minister of Finance. She had to justify herself and explain what the provisions would be at a news conference. Those provisions kill jobs. The Conservatives are going to, or are likely to, force unemployed workers, who are laid off and are entitled to employment insurance—be they seasonal or other workers—to take a job at 70% of their previous salary or risk losing their benefits.

That in itself is an incentive for companies to lower salaries. A negative effect could very well be that companies will let employees go, in order to be able to rehire them perhaps by offering them 70% of their previous salary.

There are also other negative effects.

The question was put to the member for Madawaska—Restigouche in the Rimouski media. The journalist’s question was very simple and very enlightening. The hon. member was asked to imagine a situation where someone loses his job and is forced to take a job at 70% of his salary and is then laid off again. Does that mean that the bill would force that person to potentially accept employment at 70% of the 70% he had before? The answer from the minister of ACOA, who is also the member for Madawaska—Restigouche, was very clear: if we follow the logic of the bill, yes. That is why we have minimum wage laws.

We already see that this particular provision of the bill is going to drive down wages. Another consequence of this bill is that employers who hire people for seasonal jobs for various reasons—and there is still seasonal employment in my riding, in my region, as is particularly common in eastern Canada—risk losing the workforce they trained, because they will want greater stability, because they will not be interested in hiring people for two or three months, even at 70% of their wages. Generally, employers want to have a permanent workforce.

Another component of the bill is the elimination of the Fair Wages and Hours of Labour Act. This act allowed construction employees working on government contracts to enjoy standards comparable to the rest of the industry. We know that in the construction industry, federal contracts are tendered. So the fact that wages had to be protected ensured that all companies were on a more even playing field. Now, with the disappearance of this act, companies will be able to arrange it so their employees are paid quite a bit less in order to meet the specific conditions and successfully bid on government construction contracts.

This means that there is no more real incentive for companies to ensure that their employees are well paid and that working conditions are respectable. This is yet another part of Bill C-38 that will end up driving down the wages and living conditions of Canadians.

Another element raised by my colleague during a question is the elimination of the Employment Equity Act provision, which obviously ensures that for the same work, women and men can be paid the same. What we need to realize is that with the bill, companies doing business with the federal government and subcontractors will no longer have to comply with the act.

Now, the government tells us that it will be in the form they will have to fill out. They will have to put in provisions; nothing is going to force them. What the government is being asked to do is allow companies to regulate themselves. We know very well that a company’s main motive is to maximize profits. This will be done on the backs of women working in these companies that will potentially receive federal government contracts. This is just another example of wages being driven down.

Lastly, a measure that will occur later on, something that has been talked a lot about and something the government has never given a crystal clear justification for, and that is increasing the age of eligibility for old age security from 65 to 67 in 2023.

With this measure, anyone 53 years of age and under will end up paying the equivalent of $12,000 per person per year for the two missing years. We are talking about approximately $25,000 per couple.

It will be the middle class and less fortunate Canadians who will end up paying for these measures. This is serious. If we look at the evolution of salaries in Canada—people watching at home will probably be very interested to know—employees these days earn an average salary, but the average salary is not necessarily a good indicator. Large salaries will often bring that figure up, but that is not necessarily reflected in the standard of living.

The best indicator to assess salary levels is the median salary, which is the point at which 50% of Canadians earn more and 50% of Canadians earn less. In 2010, the median salary for all Canadians was lower than the median salary in 1981. The median salary is calculated in inflation-adjusted dollars. The country has grown richer since 1981, but not all Canadians have benefited from that.

The government loves to pat itself on the back for our economic performance, but we are headed in the wrong direction. This has been acknowledged by the International Monetary Fund, which estimates that in 2012—the current fiscal year—the Canadian economy is headed for 152nd place in the world. There will thus already be implications for Canada's performance and its competitiveness in the future.

We have an income inequality problem, and this is where I was going with the question of median salary. It was stated that the top 1% of salaries now make up 24% of income in Canada. This has been mentioned often over the past two years. Concentrating income in such a narrow band has quite a negative impact on investment and the real economy. Up to a certain point, people with that much money can consume. They will even consume luxury goods.

However, ultimately, everything they do not consume will mainly go toward trying to generate a return by investing in capital markets. We are not talking about investing in capital markets to support the real economy; they will invest in the casino financial market, the one that creates its own bubbles, either real estate bubbles or stock market bubbles. In this respect, the real economy is left behind. What matters now is the financial economy.

The federal government budget is set to grow this bubble. Since wages are shrinking, Canadians as a whole will not benefit. This will cause problems with the growth of the GDP, which is measured in part by consumption.

What we are doing today is really forgetting the lessons that we learned during the Great Depression. We are moving in that direction once again. What is interesting is that the difference between our salaries today, the gap between rich and poor, is almost the same as it was before the Great Depression, so before the 1930s. The government does not seem to be aware of that.

As a result, the government is ignoring all the indicators that should be pushing it in the right direction so that it can develop policies for all Canadians. However, that is not what the government is doing at the moment. It is creating policies that will stand in the way of the poorest, most disadvantaged and, in many cases, the unluckiest Canadians. Bill C-38 is a good indication of that.

I would like to quickly come back to another key element of our opposition to this bill. I spoke briefly about it: it is the undemocratic nature of a bill that is 435 pages long, includes 753 clauses, and modifies, amends, adds or eliminates close to 70 laws in a single vote, which will take place this week.

When I said that it created a consensus among policy analysts and commentators, I meant among everyone, from left to right. A number of columnists in Quebec and across Canada have spoken out against the way that the federal government is operating.

I would like to quote Andrew Coyne who made the following comments in a Postmedia article right after the budget implementation bill was introduced:

Not only does this make a mockery of the confidence convention, shielding bills that would otherwise be defeatable within a money bill, which is not: It makes it impossible to know what Parliament really intended by any of it. We've no idea whether MPs supported or opposed any particular bill in the bunch, only that they voted for the legislation that contained them. There is no common thread that runs between them, no overarching principle; they represent not a single act of policy, but a sort of compulsory buffet.

This was written at the end of April. He was back on the attack to comment further on the consequences of the direction the Conservatives are taking at this time.

On June 13, so just last week, he had this to say:

...we can look forward to a future in which Parliament would be reduced to two votes of consequence per year — one to rubber-stamp the government’s spring agenda, a second to cover the fall. This is how it happens. This is how it has happened: the more powers government acquires at the expense of Parliament, the harder it is for Parliament to resist still further encroachments, or even to recall why it might. And if somebody doesn’t stop it, somewhere, this is how it will continue.

These extremely wise words clearly explain the problems we are facing right now.

Another journalist, Dan Gardner, summed up the fundamental danger of the Conservatives' approach with this bill—and he did it really well in under 140 characters on Twitter. He said:

“I'm prepared to say it's no longer a parliamentary system. It's a presidential system, minus checks and balances”.

That is what we are seeing here now, with the anti-jobs, anti-growth, anti-prosperity bill that has been presented as a package for us to vote on in its entirety without sufficient time to study the consequences of each of its provisions.

As I was saying, although we have studied the bill for 70 hours in committee and in subcommittees, if we had spent five hours on each of these bills, as is customary in the House of Commons, we would have spent 350 hours.

Thus, the government is trying to keep us in line. We must—of course—oppose that, not only because we are opposed to the bill and its provisions, which are, as I said, anti-jobs, anti-growth and anti-prosperity, but also because of the way the government is doing this. That is why we stood up and presented the amendments in the House. That is why we voted for 22 hours.

In conclusion, I will quickly say that many of my colleagues think this is a bill that will change the face of Canada for a generation. I do not subscribe to that view, because in 2015 we will take the place of the current government and we will do away with most of these measures.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 3:55 p.m.


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The Speaker Andrew Scheer

As the Deputy Speaker promised the House when she initially ruled on this matter, I am now prepared to rule substantively on the point of order raised by the hon. member for Winnipeg North on Tuesday, June 12, in relation to the allocation of hours in the motion by the hon. government House leader to allocate time at report stage and third reading of Bill C-38. As members will recall, the motion called for an additional 10 hours of consideration at report stage and 8 hours at the third reading stage.

The Chair wishes to thank the hon. government House leader, the hon. opposition House leader and the hon. member for Cardigan for their interventions on the matter.

The hon. member for Winnipeg North has argued that the number of sitting hours that can be allocated to a given stage of a bill pursuant to Standing Order 78(3) must, at a minimum, mirror the number of sitting hours in effect when the time allocation motion is moved and applied. This week and last week, depending on the day, due to the adoption of the motion for extended sitting hours, that could be up to14 hours.

The hon. House leader of the official opposition and the hon. member for Cardigan have echoed that view, claiming that the intent of the Standing Order is that a time-allocated debate have as a minimum duration of one sitting day, however long that day may happen to be, as per Standing Order 78(3)(a) which states:

...that the time allotted to any stage is not to be less than one sitting day...

For his part, the hon. government House leader has argued that the minimum number of sitting hours that can be allocated to a given stage of a bill pursuant to the same Standing Order need only be equal to the shortest day possible, in his view, 2.5 hours.

In the Chair's opinion, a close reading of the Standing Order and relevant precedents will show that none of the arguments advanced have exactly hit the mark.

A review of the best and most relevant precedent available, that of 1987, cited by the government House leader, illustrates well the equilibrium that the Chair always tries to achieve in cases of this kind. Let me explain.

The government House leader stressed that on that occasion in 1987, four hours were allocated for report stage and a further four hours for third reading on a government bill during extended sitting hours in June. He added that he believed, “Mr. Speaker Fraser likely interpreted the length of the shortest available day to be the minimum time required by the Standing Orders”.

However, it should be pointed out that in 1987, the sitting hours of the House were very different, and this is of critical importance if we are to extrapolate a rationale for what occurred.

In 1987, the House sat Mondays, Tuesdays and Thursdays from 11 a.m. to 6 p.m., from 2 p.m. to 6 p.m. on Wednesdays and from 10 a.m. to 3 p.m. on Fridays. If one were to subtract from these sitting times all the time allotted to statements by members, question period, private members' business and, in those days, lunch hour, 18 hours were left for the consideration of government orders in a normal sitting week. That number divided by the number of days in the week, five, yields an average of 3.6 hours per day. In my view, it is reasonable to conclude that this is where the four hours comes from: in other words, to reason that, on that occasion, in moving time allocation, the government of the day appears to have rounded up to the nearest hour.

In fact, on June 11, 1987, at page 7001 of Debates, Mr. Mazankowski, in giving notice of his intention to move time allocation, stated: “I give notice that I will be moving at a later sitting...that four hours, the equivalent to one day’s sitting, shall be allotted to the further consideration of report stage of the bill and four hours shall be allotted to the third reading stage.”

This was in keeping with an earlier example on November 13, 1975, at page 9021 of Debates, when Mr. Sharp in speaking in debate on the motion to allocate time stated, “This motion allocates another five hours of debate, equivalent to at least another full sitting day”. That the two ministers, while specifying a specific number of hours, indicated that these were equivalent to a sitting day is consistent with the current interpretation that requires at least one further sitting day when allocating time under Standing Order 78(3).

Normal sitting hours for the House are at present 11 a.m. to 6:30 p.m. on Mondays, 10 a.m. to 6:30 p.m. on Tuesdays and Thursdays, 2 p.m. to 6:30 p.m. on Wednesdays and 10 a.m. to 2:30 p.m. on Fridays. Applying the same calculation to these hours by accounting for statements by members, question period and private members' business leaves 23.5 hours for the consideration of government orders in a typical week in 2012. That number divided by the number of days in the week, five, yields an average of 4.7 hours per day. Rounded up to the nearest hour would make it five hours, which is coincidentally exactly the number of hours used with regard to third reading of Bill C-25.

Accordingly, the Chair finds that the allocation of hours to report stage and third reading of Bill C-38 is in order since it respects the terms of Standing Order 78(3). Should future instances arise where arrangements pursuant to this Standing Order are contested, the Chair will continue to be guided by this method of calculation.

I thank hon. members for their attention.

Resuming debate, the hon. member for Rimouski-Neigette—Témiscouata—Les Basques.

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

Citizenship and ImmigrationOral Questions

June 18th, 2012 / 3 p.m.


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NDP

José Nunez-Melo NDP Laval, QC

Mr. Speaker, every year, thousands of immigrants choose to make their life in the city of Laval. It is their home port.

Yet the Conservatives want to make life more difficult for all current and future claimants. Laval needs immigrants in order to keep developing. With Bills C-38 and C-31, the Conservatives are putting the brakes on Laval's prosperity and economic development.

Why are they attacking immigrants?

Search and RescueStatements by Members

June 18th, 2012 / 2:10 p.m.


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NDP

Fin Donnelly NDP New Westminster—Coquitlam, BC

Mr. Speaker, there seems to be some denial on that side of the House about the implications of Bill C-38.

Last Thursday, on a local radio station, the member for Nanaimo—Alberni lamented the closure of the Ucluelet communications centre and the Kitsilano Coast Guard station.

However, instead of taking responsibility, the member blamed “bureaucrats in Ottawa” for these closures.

Ironically, he made these remarks less than 12 hours after he voted on the Trojan Horse budget bill, the very bill shutting down these stations.

When government MPs cut services in Ottawa, they should at least have the courage of their conviction to defend them at home.

However, Bill C-38 represents more than just cuts to Coast Guard services, cuts to OAS and cuts to health care. It represents the erosion of the once strong and independent voices of Conservative MPs.

As we approach the end of the session, I am hopeful more Conservative MPs find their riding voice and speak out against these cuts. Maybe one day, with some practice, they will be able to use that voice in Ottawa.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 18th, 2012 / 1:55 p.m.


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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I assume that I will have about three minutes to speak at this point and that I will be able to continue after question period.

I rise in the House to speak one last time about Bill C-38, the budget implementation bill, or, as the Conservative government likes to call it, the Jobs, Growth and Long-term Prosperity Act. However, this title implies the complete opposite of the kind of impact and consequences this bill will have. I would like to use my time to explain why.

Before I address the impact this will have on jobs and growth, I would like to take the time I have before members' statements and question period to talk about something the government keeps mentioning, which is the number of hours spent discussing the bill. The member for Prince Albert and some other members mentioned that we have had more time than ever before to study this budget implementation bill, in comparison to previous years.

They are absolutely right when they say that we discussed the bill for about 50 hours in committee and about 20 hours in subcommittee, but what they need to realize is that the budget implementation bill amends approximately 70 acts. It modifies, amends, adds or eliminates about 70 acts. If we average out what we do in Parliament, specifically in committee, when we study a bill, we spend four or five hours discussing it, studying it in depth and looking at the scope and consequences of it.

It is important to realize that, if we are talking about 70 different acts, that means that about 350 hours of study should have been required for a bill of this magnitude. However, we barely had 70. In addition, we could not focus on any specific elements. In part 4 alone there were about 56 divisions, 56 different acts that were affected. So it was impossible for the members, as parliamentarians, to study this bill properly. I find it appalling that the government is boasting that we spent 70 hours discussing this bill when, given its size, we should have spent over 350 hours and even longer to fully understand its scope.

I want to raise another issue that the government has, yet again, refused to comment on: the fact that there is not merely consensus but unanimity among political commentators and analysts in Canada and Quebec, not necessarily on the content of Bill C-38, but on the way the government chose to introduce that content. The problem is that, at the end of the week, we will vote one single time to pass or reject, in its entirety, a mammoth 430-page bill.

I will talk more about this after question period because it deserves to be talked about. The government's approach is threatening the very foundation of our parliamentary system, our parliamentary democracy.

I will stop here so that we can move on to members' statements.