Bill C-38 (Historical)

Jobs, Growth and Long-term Prosperity Act

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

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

Jobs, Growth and Long-term Prosperity Act

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

Mr. Speaker, I would like to correct the hon. member; it has been two and a half months since the budget was passed. There is a difference between the budget and the Act to implement certain provisions of the budget. The budget has already been passed. We are now talking about the budget implementation bill.

Actually, I would like to go back to something that an hon. member mentioned earlier as well. I am referring to charitable organizations. Mr. Lauzière, from Imagine Canada, gave testimony before a committee and talked about the impact of statements such as the one made by the Minister of the Environment on charitable organizations and their political activities. The minister accused groups—without ever naming them—of money laundering. In addition, just two weeks ago, the Prime Minister, his leader, said:

We're certainly trying to comb through our spending to make sure it's all appropriate. If it's the case that we're spending on organizations that are doing things contrary to government policy, I think that is an inappropriate use of taxpayers' money and we'll look to eliminate it.

I think that goes against the democratic principle whereby we allow organizations that are opposed to the government to express their views in order to set the record straight and point out flaws in government bills.

Does the hon. member for Newmarket—Aurora agree with the comments made by the Minister of the Environment and the Prime Minister?

[Lois Brown, Conservative, Parliamentary Secretary to the Minister of International Cooperation]

Mr. Speaker, I appreciate the opportunity to rise in the House today to support Bill C-38, the Jobs, Growth and Long-term Prosperity Act.

Last week the opposition tried to block the vital measures contained in Canada's economic action plan 2012, which was first introduced in this chamber nearly four months ago. Since then, Bill C-38 has received the longest House debate and committee consideration of any budget bill over the past two decades. Indeed, it was reviewed for nearly 70 hours at finance committee and at a specially created subcommittee which heard from literally hundreds of witnesses.

Unfortunately, last week the NDP’s only concern was to delay and defeat Bill C-38.

It is not only our government that finds these tactics appalling, but Canadians right across the country do as well. Indeed, a recent Toronto Sun editorial summarized the NDP's actions as follows:

[The NDP leader's] hypocrisy and self-obsession is in full flame...vowing to delay the passing of... [economic action plan 2012] by playing silly [games]...with amendments and procedure....

Let us be clear. Economic action plan 2012 increases support for families, the backbone of communities from coast to coast to coast. Through the introduction of Bill C-38 our government is building our strong record of support for families across the country. These measures include, but are not limited to, the creation of the universal child care benefit, the family caregiver tax credit, the children's fitness tax credit, the children's arts tax credit, and the introduction of the landmark tax-free savings account, the most important personal savings vehicle since RRSPs. These measures build on an impressive record of tax relief for Canadian families.

Since 2006, our Conservative government has cut taxes over 140 times, removed over one million Canadians from the tax rolls, increased the amount Canadians can earn tax free, and reduced the GST from 7% to 5%. These measures have made an appreciable difference for families all across the country. In fact, they have put over $3,100 back into the pocket of the average Canadian family.

It is little wonder that under our Conservative government tax freedom day is now over two weeks earlier than in the last year of the previous Liberal government. Our government did this without slashing federal transfers for health or education like the previous Liberal government in the 1990s did.

Unlike the opposition, we support a low-tax plan that leaves more money where it belongs, in the pockets of hard-working Canadian families. In this bill, our government is committed to maintaining its strong record of supporting and standing up for Canadian families. That is why moving forward with economic action plan 2012 is so important.

Bill C-38 improves the registered disability savings plan, the RDSP, giving peace of mind to Canadian families by helping to ensure the long-term financial security of children with severe disabilities. Most importantly, the legislation improves access to RDSPs.

Due to provincial legislation currently in force in certain provinces, some people with intellectual disabilities are barred from opening RDSPs without compromising their legal status. This means that in order to access the plans, they would be required to be declared legally incompetent. This is time consuming and emotionally challenging and could result in unintended consequences for individuals and their families. This is an unfair imposition on disabled Canadians and their families and we are working with the provinces to correct this. In the meantime, Bill C-38 will allow a family member to open an RDSP on a relative's behalf without that individual being declared legally incompetent.

This measure has been very warmly received by the Canadian disability community. Indeed, listen to what Laurie Larson, president of the Canadian Association for Community Living, had to say:

[T]he Government of Canada heard the message of people with disabilities and their families across the country. These changes mean that people will no longer be pushed to undergo guardianship in order to access this plan.

Improving access to RDSPs is just one way that economic action plan 2012 helps support Canadian families. It also promotes more active lifestyles with continued support for Participaction and its community-based physical activity and fitness programs to promote the health of Canadian children and families. The plan also enhances the victims fund to ensure that victims of crime have an effective voice in the federal justice and corrections systems.

Sheldon Kennedy, a well-known former hockey player and victims rights activist, was pleased with this initiative and praised it by saying that this government has been listening to victims by providing funding to support recovery for victims and their families, assist with the court process, improve conviction rates and increase punishment for perpetrators.

These are not the only measures our government has taken in support of Canadian families. All across this country, parents' number one priority is the same: securing a bright and prosperous future for their children.

That is why Bill C-38 also helps to ensure that the old age security program, OAS, remains strong for future generations. Much like Canadian families, our Conservative government is dedicated to ensuring that future generations have access to an OAS program that remains sustainable over the long term.

The measures contained in Bill C-38 guide the program toward long-term sustainability with no impact on today's seniors. Economic action plan 2012 gradually raises the eligibility for OAS and GIS benefits from age 65 to 67 between 2023 and 2029. I should note that seniors who are currently receiving OAS and GIS will not see a single cent lost to these new changes. The advanced notification and phase-in period will give Canadians time to plan and prepare for their retirement and minimize the impact on vulnerable groups.

Our government believes that today's prosperity should be enjoyed by future generations. It is because of this belief that economic action plan 2012 is squarely focused on keeping Canada on track to balanced budgets, building on our outstanding record of success to date.

We all know that Canada benefits from the best fiscal position in the G7. Both the IMF and the OECD have forecast that Canada will be at the head of the pack for economic growth in the G7 in years ahead. Forbes magazine has ranked Canada the number one place in the world for businesses to invest and create more jobs. Also, for the fourth straight year, the World Economic Forum has ranked Canada's banking system as the soundest in the world.

However, our government believes that we should never simply be content with our past accomplishments. We must always look forward. While the NDP and the Liberals want to engage in reckless deficit spending sprees, our Conservative government is committed to returning to balanced budgets and maintaining our favourable global fiscal position.

That is why our government is so dedicated to reducing debt. It frees up tax dollars that would otherwise be used to cover interest costs. This means lower taxes for all Canadians and more money in the pockets of hard-working Canadian families.

Our plan to get back to balanced budgets is working. In the past two years, we have already cut the deficit in half. With economic action plan 2012, we are building on these existing efforts by refocusing government, improving service delivery and streamlining back-office administration to achieve over $5 billion in ongoing savings for taxpayers.

Almost 70% of these savings will come from eliminating waste in the internal operations of government, making it leaner and more efficient. This better respects the hard-earned tax dollars that Canadians send to Ottawa.

Canadian families are the backbone of our country and deserve the support and respect of their government. That is why we are working hard to implement economic action plan 2012 to ensure long-term prosperity for hard-working Canadian families.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, it is very important to recognize why we oppose the budget. It is not just because it contains economic measures that will not help Canadians at all but because it contains a wide range of measures that will in no way create jobs and growth, no matter what the government claims.

This is particularly true of clause 602 of Bill C-38. If my colleague has read the budget, she will have seen that clause 602 eliminates the clause of the Employment Equity Act that applies to companies bidding on federal government contracts.

Can my colleague explain how eliminating a clause that allows the government to ensure employment equity for women will create jobs and growth?

[Cathy McLeod, Conservative, Parliamentary Secretary to the Minister of National Revenue]

Mr. Speaker, I will be sharing my time with my seatmate, the member for Newmarket—Aurora.

I will begin my remarks on Bill C-38, the jobs, growth and long-term prosperity act, by reminding the House about the excellent progress we have seen as a result of the government's leadership on the economy in recent months.

We saw record levels of job growth in March and April. The latest figures show that we are continuing to build upon those important gains. I have to say that number because it is so important: 760,000 net new jobs since July 2009.

Because we know it is an important priority of Canadians, our government remains focused on jobs, growth and long-term prosperity. A strong economy is central to ensuring that our country continues to thrive and also allows all levels of government to provide the services that Canadians rely upon.

We also understand the importance of a fair and equitable tax system. That is why the bill includes a number of important measures to improve on certain tax credits and other issues. Overall, these measures would improve access to some important tax programs, leaving more money in Canadians' pockets so they can spend according to their needs. We think that Canadians know best and that is why we are working to support them and their families.

Some of the important tax changes from Bill C-38 are meant to improve access to medical supplies. The medical expense tax credit would be expanded to include blood coagulation monitors and their disposable peripherals so that Canadians who require these devices can access them at lower costs.

The Excise Tax Act would also be amended to expand the list of HST exempt non-prescription drugs that are used to treat life-threatening diseases. Certain pharmacists' services would also be exempted from HST in order to support Canadians in accessing these important medical supports.

As stated by its past president, Dr. Jeffrey Turnbull, during the finance committee's study of the bill, the Canadian Medical Association feels that these were very positive measures. I am confident that Canadians will agree. I am happy to inform the House of these important steps to ensure the tax system better reflects the evolving nature of the health sector and, of course, health care needs of Canadians.

Recognizing the importance of savings to both individuals and to the overall economy, our government has further put in place measures to make it easier for Canadians with disabilities to access registered disability savings plans. Our Conservative government was proud to put in place this important savings tool in 2007 and committed to a thorough review last year. Based on feedback from over 200 individuals and organizations, we are now acting to ensure that the program continues to meet the needs of Canadians with severe disabilities and their families.

The jobs, growth and long-term prosperity act would introduce a temporary measure to allow certain family members to open an RDSP for an adult who is unable to enter into contracts. It is important that all disabled Canadians can access the benefits of this program. We are taking steps to ensure that those who might need the support of family members to sign up can do so.

As we heard from Vangelis Nikias of the Council of Canadians with Disabilities during his testimony at the finance committee, the RDSP has been a successful program for families. I am proud that the bill would ensure its continued success for many years to come.

Another important measure in the bill recognizes the good work done by Canada's charitable sector. One specific change would allow certain literacy organizations to claim a rebate on the GST paid on the acquisition of books that will be given away for free. Education and literacy are key to our knowledge-driven economy, so I am happy to see these measures included.

I would also like to note that some of these books affected would undoubtedly deal with financial issues. So, hopefully, this measure would build nicely on the fine work of my colleague, the member for Edmonton—Leduc, and his efforts on financial literacy with Motion No. 269.

Further measures would increase accountability and transparency for charities. We understand that charities do great work in our country and we encourage Canadians to donate generously. However, we also understand that, when Canadians donate to charities, they want to know that their donation is actually being used for its intended purpose. The measures announced in the budget would provide more education to charities to ensure they are operating within the law and more transparency for those Canadians who donate so generously. In order to protect these important donations, we have a duty to ensure that Canadian charities are operating in compliance with federal law.

As there may have been some attention to this measure, one thing should be clarified. The rules for charitable activity are long-standing and are not being changed. We are simply taking action so that Canadians can be sure that charities are using their resources appropriately.

In addition to ensuring that our tax benefits are accessible for Canadians in supporting the charitable sector, the bill also makes important improvements to support the fishing industry.

As far back as I can remember, there have been significant concerns regarding the regulatory and legislative focus that had our protection officers buried in mounds of paperwork that often had little or no impact on the protection of fish habitat. Having to arbitrate dock locations among cottagers or travel great distances to meet with municipalities regarding a drainage ditch was part of the regulatory requirements, all the while we continued to see a dwindling of salmon returns and significant concerns about this important resource. We believe that efforts should be focused on where they will be most effective.

I will give another example. Tobiano in my riding was an important development. All approvals were in place, including DFO approval, when it was determined that a minor modification to the marina location was required. The current legislation required that the entire approval process had to begin again. In this case it caused a very significant delay and likely had critical impact on the timing of the project and, ultimately, decisions by the capital investors. Again, a very minor change created a significant and undue negative impact.

The bill proposes to amend the Fisheries Act to more effectively manage those activities that pose the greatest threats to fish. The amendments provide additional clarity for the authorization of serious harm to fish and of deposits of deleterious substances. The amendments would allow the minister to enter into agreements with provinces and other bodies, provide for control and management of invasive species and, most important, clarify and expand the powers of inspectors. These are changes that would enhance our ability to focus and protect this most important resource.

In addition to the measures I have talked about already, I want to talk briefly about health care and health care transfers because this is something near and dear to my heart. Being involved in the health care sector in the nineties, I saw first-hand how much damage was done to the communities by those reckless Liberal cuts. We made a commitment that we would get back to balanced budgets without impacting transfers to the provinces. We have taken a very responsible approach. We understand that we all use the same health care system. We want a strong health care system and we want it to be there for our families when we need it.

For my province of B.C., the health transfer this year will reach over $4 billion for the first time. That represents an increase of over $1.2 billion since our government was first elected.

Across the country, health transfers have increased by over 40% since our government took office. This significant funding increase has gone a long way to help offset the damage done by the previous government. It also represents the highest level of funding the federal government has ever provided to support the provinces and territories in the delivery of health care. We are extremely proud of that accomplishment.

Going forward, our new funding formula will ensure that all provinces can continue to rely on strong and stable increases to health transfers and that these transfers will always keep pace with growth in the economy.

With so many positive measures in the budget bill, I am proud to have this opportunity to speak in support of it. I was also happy to have had the opportunity to take part in its thorough review at finance committee where we had an unprecedented amount of time to hear from expert witnesses and officials.

Whether its continued health transfer growth, support for our fisheries sector, more transparency for charities or increased access to tax benefits, I think most Canadians would agree that this bill does an excellent job of addressing their priorities. It is for this reason I will be happy to vote in support of the jobs, growth and long-term prosperity act.

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

Mr. Speaker, I would like to thank the member for Kings—Hants for his very fine statement.

I know that the people in his riding, in his region, are experiencing much the same thing as the people in my region.

In Bill C-38, there is one component that obviously affects employment insurance. In my riding, surprisingly, although seasonal workers have been vocal on the issue, they are not the ones who have been the most vocal—the employers have been. The reason is that seasonal employers train their workforce. The employment insurance reform announced in Bill C-38 could cause these employers to lose the workforce they trained, since their workforce could be forced to accept lower-paying jobs or to move in order to take a more stable job outside the region. I am sure that regions like mine or my colleague’s will be caught off guard.

I would like to hear what the member for Kings—Hants has to say about the reality of the proposed employment insurance reform and the impact it will have on his riding.

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

Mr. Speaker, Bill C-38 amends or repeals 70 different pieces of legislation. It is 425 pages of legislative text with 753 clauses.

There has been a lot of focus on the length of the bill. In fact, my party and I are more concerned with the breadth of the bill and the range of legislative changes made by Bill C-38. In fact, that is much more important than the number of words or pages. To put this in perspective, it often takes just a single clause in Bill C-38 to repeal or introduce an entire act.

Proposed in Bill C-38, we now have an entirely new Canadian Environmental Assessment Act in clause 52. This one clause replaces decades of environmental protection and oversight in Canada.

Clause 441 repeals the Fair Wages and Hours of Labour Act.

Clause 447 increased the old age security qualification age from 65 to 67.

Clause 686 abolishes the National Council on Welfare.

Clause 699 repeals the Kyoto Protocol Implementation Act.

Clause 711 introduces an entirely new Shared Services Canada Act.

These are just a sampling of a few of the 753 clauses contained in this legislation.

Under the Conservatives, budget bills have grown tremendously in breadth. These pieces of omnibus legislation have become more complex, affecting widely disparate subjects and putting them into a single bill. At the same time, the Conservatives are limiting Parliament's ability to examine these different topics in several ways: first, by limiting the amount of time we have to examine the legislation before rushing it through committee; second, by limiting the number of expert witnesses we can hear from at committee; and third, by limiting the debate on this legislation in Parliament.

There is another way that the government is operating at committee to try to subvert reasonable debate and quash any dissension to its views. We heard from a number of witnesses who spoke at length in opposition to parts of this legislation. National Chief Shawn Atleo spoke to our committee. Perversely, most of Mr. Atleo's testimony and the intent of his testimony were actually expunged from the report that the committee presented. Contrary to what the researchers provided, the governing members on the committee worked together to ensure that we would effectively expunge any piece of testimony that may be critical of the government's system.

The same was done with Tom Siddon, a former minister of fisheries in a Progressive Conservative government, who said that this legislation would make “Swiss cheese” out of the Fisheries Act and warned us of the remarkably harmful damage to the Fisheries Act that would be rendered by this legislation. Most of the intent of his testimony was effectively expunged from the final report.

Over 600 clauses are included in parts 1, 2 and 4 of the bill, but the finance committee had just over a week to hear from a grand total of 57 witnesses from outside of the government. Most clauses in this legislation were not properly examined by the finance committee or addressed by even a single witness. Simply put, the process to study Bill C-38 was a farce.

Unfortunately, last spring the Conservatives learned that parliamentary process does not seem at the present to matter a lot to Canadians. They also learned this in Ontario with the omnibus bills of the Harris government.

I mentioned last spring that it was this Conservative government that became the first government not only in Canada but in the British Commonwealth parliamentary system to have actually been found in contempt of Parliament by the previous Speaker and House.

Elections are about a lot of issues. Sometimes an issue will resonate with Canadians and sometimes it will not. In that election, for whatever reason, a lot of Canadians did not seem to be paying attention to the fact that we had a sitting government that had been found in contempt of Parliament.

The Harris Conservative government in Ontario repeatedly used massive omnibus legislation. It disrespected Parliament, disrespected taxpayers and got away with it.

The Conservatives have in some ways been positively reinforced for negative behaviour, but things are changing. We are increasingly hearing from Canadians. We are hearing from them through all forms of media, whether it is opinion letters in newspapers, online fora, or in person.

Last evening I was at my home in Cheverie and I took my Gator down to the end of our drive to plant some trees. A fellow on his motorbike out for a Sunday evening drive stopped to speak to me. I had not met this fellow before. He told me that he has paid a bit of attention to politics but has never been involved, but he wants to get involved now. He said this has gone too far, that the Conservative government is out of control. He said that what we are seeing in Ottawa is not a democratic government.

I hear that also from people at the farmers' market in Wolfville. They tell me that the government wants to celebrate the veterans of the Second World War who fought for our freedoms, but they want to know how the government can on the one hand celebrate the sacrifices and commitment of the veterans who fought for our democratic rights and freedoms while on the other hand attacking those same democratic rights and freedoms.

I am hearing that from people in my riding, and I am hearing from members of our caucus from across Canada that increasingly Canadians are noticing and are willing to get engaged and involved to find a better alternative.

This is not esoteric parliamentary procedure stuff that the Conservatives are trying to pretend. This strikes to the core values of respect for Parliament and democracy.

I will be speaking later about our inability to get legitimate information from the government about the legislation we are going to vote on, but suffice it to say that by limiting public debate and oversight, the Conservatives are hoping that Canadians will be too distracted by process issues to notice what they will really be doing with this legislation. The Conservatives are trying to distract Canadians with the process issues, and a lot of us have focused on the process issues. The Conservatives are quite happy about that, because they do not think Canadians really care about the democratic institutions that govern us and defend our freedoms. The Conservatives are wrong. They are betting against the goodwill, the good faith and the intelligence of Canadians in the long term.

I want to talk about a couple of the changes being made that the Conservatives are largely ducking responsibility and accountability for. One is the OAS change. The Conservatives are saying that this is really not a cut. They should explain that to a low-income Canadian who is looking forward to becoming 65 to quality for OAS. Let us look at who will be affected by these changes.

Forty per cent of OAS recipients make less than $20,000 a year. Fifty-three per cent of OAS recipients make less than $25,000 a year. The Conservatives are telling Canadians that they will have 11 years to start saving a bit more money. It is pretty hard to tell people who are making $20,000 a year that they have to save more money, and that is effectively what the Conservatives are telling a lot of Canadians.

The Conservatives are telling Canadians that they are living longer, that they are healthier. Lawyers, accountants, members of Parliament or journalists can probably work, if health permits, until 75 or 80 years of age.

My father was a businessman. He worked until he was 82. However, in the case of manual labourers, working in a cold, damp fish plant on a concrete floor every day, on their feet all day; welders; physical labourers; carpenters; or pipe fitters, chances are by the age of 65 their bodies are ready for a break. There was no consideration of these people, the low-income Canadians being affected by this.

The government is quite happy that the issues around Bill C-38 have focused on parliamentary process and not on the actual issues. We have lots of time before the next election to ensure that we get back to those substantive issues with Canadians.

I am hearing from a lot of industries across Canada, and specifically in Atlantic Canada, on changes to EI, particularly from significant employers in seasonal industries, including horticulture. They tell me that these changes could wipe them out, that programs to support seasonal workers are part of the production chain of agriculture and horticulture, not just in Canada but globally. They say that any impediment to the use of seasonal workers or seasonal worker programs in the horticulture industry could wreak havoc on their capacity to be competitive with industries in other countries.

The legislation is also hurting Canada's international brand by tearing up 100,000 immigration applications. The Conservatives are imposing their unilateral decision to reduce health care transfer payment growth to the provinces and territories. They are enabling themselves to target charities with which they disagree. While they are at it, they have eliminated groups with which they disagree, including the National Round Table on the Environment and the Economy, Rights and Democracy, and the National Council of Welfare. What do those groups have in common? Number one, they were set up decades ago. Number two, they reported to governments and would disagree with governments from time to time. Number three, their funding was continued under both Liberal and Progressive Conservative governments, which could accept the principle that governments do not just fund organizations that agree with them. They have a responsibility in a functioning democracy to accept truth from experts, from people who spend their lives dealing with these issues, like the National Council of Welfare that understands the issues of poverty in Canada, or the National Round Table on the Environment and the Economy.

Most people have accepted that we cannot put in silos the economy on one side and the environment on the other, that good environmental policy can actually be good economic policy and that the jobs of the future are going to be increasingly green jobs, including areas of opportunity in cleaner conventional energy in places like the oil sands where we can develop those technologies. Why then, for goodness' sake, would the Conservatives get rid of a government council that has operated for decades dealing with this issue, just at the time when Canada has to deal with the issue of bringing the economy and the environment together?

Bill C-38 reduces the Auditor General's oversight of a number of government agencies. It reduces democratic oversight of Canada's spy agency by abolishing the office of the Inspector General. It eliminates a number of the government's reporting requirements on climate change and public service jobs. It makes changes that some experts are warning us are unconstitutional, like changes to parole hearings.

However, I believe Canadians are hitting a tipping point where we will no longer accept this anti-democratic style and substance of the government. For some time the Conservatives have been starving Canadians and members of Parliament of the information we need to have informed debate and to make informed decisions.

The Conservatives treat Parliament as an enemy, one that they try to starve of information and co-operation. They refuse to provide basic information, for instance about how much legislation would cost. In the fall of 2010, I put forward a motion at the finance committee, demanding that the government provide us with information about the costs of the F-35s and of its prison agenda. My motions were adopted, but the government continued to refuse to disclose the information. I appealed to Parliament through a question of privilege. I argued that MPs have a fiduciary responsibility to Canadians. We must know how much legislation would cost before we vote on it.

This is not just a responsibility we have as opposition members of Parliament. It is very important that the members of Parliament in the government recognize that the Conservative MPs have the same job description that we do. We have the same fiduciary responsibility to taxpayers and to citizens and to our electors to know the cost of the legislation we are voting on. To vote blindly, without even demanding that information, is to not do our job. That is effectively what the Conservatives are failing to do when they are complicit with a government that starves Parliament of this vital information. The Conservative MPs are failing to do their job. By denying us that information, the government is denying Canadians this information.

That is why we see today that the Parliamentary Budget Officer, appointed by the Conservatives, has been pushed to the limit where he is not being given information on legislation from the government. He asked for simple information on the impact of cuts over the future fiscal years. He received the response that the government cannot provide him with that information. A legal opinion came out this morning that the law the Conservatives are breaking is section 79.3 of the Parliament of Canada Act. We have a government that is actually breaking the law. This law gives Parliament, through the Parliamentary Budget Officer, free and timely access to any financial or economic data. Who brought in that law? I think it was the Conservatives. It was part of their Accountability Act. So they make the law and then they break the law.

The reality is that the Conservatives, many from the Reform Party background, rode into Ottawa on this white horse of accountability, defending the interests of Parliament against the executive, defending the interests of the taxpayers against those who would not defend their interests here in Ottawa and those who would not provide them with information on legislation. Now it is the Conservatives who are quashing all that. The reality is that the Conservatives, who won an election promising openness, transparency and accountability, are the least open, least transparent and least accountable government in the history of Canada.

We have a responsibility. The Parliamentary Budget Officer has a responsibility to do his job. He takes that seriously. He has asked for information, not on his own behalf but for Parliament, so that members of Parliament can do their job. Our parliamentary system relies on hon. members to act honourably and it expects that members of Parliament's questions will be answered fully and completely. However, when MPs ask substantive questions to ministers or even to officials at committee, these questions are routinely evaded or ignored. Even order paper questions are now ignored. Shortly after budget 2012 was released, I submitted several order paper questions, seeking a government-wide breakdown of financial information in the three most recent budgets. I believe I am the only MP to have done this. The response from the government was basically “no”. In fact, it sent me a copy of the table that I referenced in my request and asked for more detailed information. It simply sent me the table, to add insult to injury.

In disrespecting Parliament and members of Parliament, the Conservative government is disrespecting the Canadians who chose the Parliament. It is in disrespecting Parliament, and not giving us the cost of legislation, that the government is disrespecting taxpayers.

We will have, in the coming years, an opportunity to debate with Canadians some of the substantive and deleterious impacts of this legislation on the lives of Canadians. It is very important that we fulfill our responsibility as MPs to defend this Parliament against a tyrannical government that no longer cares about Parliament and the democratic rights and freedoms of Canadians.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I listened intently to my colleague across the way. A number of times she has insinuated that the changes regarding the environment in Bill C-38 are going to be harmful to the environment, when in fact they will be helpful to improve the environment.

Regarding the assessments, there was a legislative review of the Environmental Assessment Act in the previous fall session. A number of recommended changes came from that study. Those changes are now part of Bill C-38, and they are good changes. Those changes make environmental assessments much more effective. There were a lot of inefficiencies before.

Why would the member oppose improving the environment and mislead this Parliament and Canadians by trying to make Canadians think it is going to be harmful, when in fact it will actually be very good for the environment?

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I thank the member for his question and for his support for my reasoned amendment.

I would just reach out to other members of the House. I have heard some members on the Conservative side argue that in order to prevent the mega quarry being built in Melancthon township in southern Ontario, they are calling for an environmental assessment, an environmental assessment that would be deleted by Bill C-38.

I would like to reach out to members on the other side, to think about their constituents, to think about their families, to think about the future of their communities and to vote their conscience to understand what the bill would mean for all Canadians, not now alone but for decades going forward, and all it takes is 13 members on the other side to vote their conscience and then we could win this amendment, break up the bill and have a proper debate going forward. The government has the power to do that. These individual members have the power to do that, and I would urge them to do so.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, even though the member's amendment points out a number of flaws within Bill C-38, unfortunately the amendment might defer the ultimate passage by, let us say, nine minutes or something of that nature.

It is unfortunate in a sense because the government has put into place a time allocation, which will in essence prevent any real, thorough, healthy debate, whether it is on this amendment or other amendments. The best example I could cite is that the Liberal Party introduced more than 500 amendments, which has to be a record inside this House, and the government chose only to debate a few of those 500 amendments.

Because of time allocation, the hundreds of Liberal amendments were never really debated. Yes, they were voted on. Yes, it did prolong the passage. Unfortunately, the government has not seen the error of its ways and made the changes that are necessary in order to satisfy Canadians. Those changes are that Bill C-38 needs to be thrown out and a new budget bill brought and put into place.

Would the member not agree with that simple statement?

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I rise today to make it clear that NDP objects, in the strongest possible terms, to Bill C-38, what we call the Trojan Horse bill. Here we are, regrettably, at third reading of this massive omnibus bill, consisting of 425 pages and 753 clauses. Let me be clear about what this bill would do.

One-third of the bill is dedicated to gutting environmental protection and turning back the clock on it. It would make sweeping changes to old age security and employment insurance, vital programs on which Canadian families rely. It would press the delete button on over 300,000 federal skilled worker applications for people who have been playing by the rules and waiting their turn. It would open the door to the privatization of our food safety system and would roll back the clock on government transparency and accountability for the future by concentrating powers in the hands of ministers and reducing oversight and reporting requirements. These are just a few of the measures contained in the bill, everything but the kitchen sink, all bound up in one massive package.

There is growing national consensus that this is the wrong way to make significant changes to government policies and programs. Matthew Carroll of Leadnow confirmed that “Canadians are hungry for a truly participatory democracy that works. The majority are outraged at the direction the current government is dragging our country”.

Even those who agree with some of the proposed changes are decrying the lack of proper oversight and study of the bill. Conservative commentator Andrew Coyne wrote about this Trojan Horse and stated:

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... there is something quite alarming about Parliament being obliged to rubber-stamp the government’s whole legislative agenda at one go.

We have tried from the outset to reach out to the government and work with it to find an acceptable way to divide this bill into manageable parts for a more effective and democratic study. Our attempts were thwarted. We tried to offer amendments at the finance committee, but not one of the 53 amendments was accepted, this even in the face of testimony that seriously cautioned the government on several of its proposed changes.

Will Amos of Ecojustice testified. He stated:

There is no law that we can recall that has ever, in such a broad and structural manner, changed the federal environmental governance regime....Canadians are not ready for this. Parliament is not ready for this. There has been inadequate process to consider the transformative changes that are being proposed.

Professor Marjorie Griffin Cohen cautioned, as follows:

What we don't often understand or look at is how various portions of the budget will interact with each other. For example, when you change the OAS and you then change the employment insurance, you're going to see that older people who are over 65 are probably going to be doing part-time and temporary work; they're not going to be able to qualify for a pension, nor are they going to be able to qualify for EI, if they aren't employed. We may be pushing a lot of people in specific kinds of groups into positions of poverty...

On the removal of the Inspector General's oversight from CSIS, and that is also in this bill, Paul Kennedy told the commons committee the following:

The cost associated with the Office of the Inspector General is a small price to pay if one wants to maintain a covert intelligence agency in Canada. The elimination of the Eyes and Ears of the Minister, if that is the course that you chose to adopt, should be accompanied by a common recommendation that future missteps by the intelligence service will be accompanied by the resignation of the Public Safety Minister. Wilful blindness as to potential problems at CSIS must carry a price. After all, responsibility ultimately rests with the Minister.

Mr. Kennedy is a former senior assistant deputy minister of public safety with 20 years of experience in national security. The Conservatives dismissed his testimony as simply wrong.

Finally, after time allocation in the committee, which left us with about four minutes of study per clause and further time allocations in the House, we were left with attempts to delete and amend the bill at report stage and every amendment was voted down by the government.

We urged the government to consult with Canadians about some of these massive changes, to hold hearings to meet with political and community leaders. However, the Atlantic premiers were not consulted about the impact of the proposed EI changes on their provinces and key environmental organizations were not consulted about the impact of gutting environmental laws.

National Chief Shawn Atleo of the Assembly of First Nations testified at the subcommittee. He said:

Part 3 of Bill C-38 needs to be withdrawn to take the time to work with first nations to ensure their rights and interests are reflected and will not be compromised through such legislation.

New Democrats did our best to open up the process by holding hearings across the country and encouraging Canadians to contact us by email, mail and social media, and thousands did. However, just as Canadians are realizing what is at stake, the government is determined to ram this bill through. We can only believe that the Conservatives' original intent was to pass this massive bill without most Canadians even knowing what was in it. It is abundantly clear that the Conservatives are determined to shut down debate and shut Canadians out of the plans they have for our country.

We believe we have made the process somewhat democratic, but it is still unacceptable that such major changes are being implemented without consultation or adequate oversight. Unfortunately, the impact of this so-called budget bill will be felt not just for a few years, but for decades. If the government is so confident about the measures it is implementing, why did it not promote them in last year's election campaign? Why is it so afraid of a public debate today? Why does it not want Canadians to find out what impact the proposed changes will have on them and their families? When did the Conservatives begin to fear accountability?

I must also emphasize that the short title of this bill, “jobs prosperity and long-term growth”, more than misses the mark. The vast majority of these 425 pages have nothing to do with the budget or economic growth. In fact, some measures would create downward pressure on the income of Canadians. The proposed EI changes would quickly move unemployed workers to lower-paying jobs or else right off EI and onto welfare.

We see other measures such as the temporary foreign workers provisions already announced by the Conservative government that would require an employer to only search for a Canadian to fill a job for two weeks before bringing in temporary foreign workers who, now for the first time, can be paid 15% less than the average wage.

Economist Jim Stanford testified before the finance committee. He said:

It is an enormous shortage of jobs, not a lack of workers and not a lack of work ethic, that explains the decline in the employment rate...policies should be designed not to compel more labour supply but rather to support Canadian families in an era where there's a chronic shortage of jobs that dominates the outlook for our labour market moving forward.

We are already living in volatile economic times. Personal debt is at an all-time high of 152% of household income and yet there are nine times more in cuts than in job creation measures in budget 2012. The Parliamentary Budget Officer has cautioned that these changes will have a negative drag on our economy and, overall, unemployment would likely rise. Our trade deficit is high and growing.

To continue with Jim Stanford, he says:

There’s a big difference, however, between signing free-trade pacts and actually doing something about trade. Canada’s trade performance deteriorated badly over the past decade. The quantity of goods and services shipped abroad is seven percentage points lower than when the [Conservative] government took office, lower even than back in 2000....Our once-impressive trade surplus has melted into deficit.

Yet irresponsible, no strings attached budget cuts and tax cuts to the largest corporations have reduced the government's capacity for flexibility in these times. This omnibus budget bill does not address these problems. Instead, it makes them worse.

I look at my own community of Parkdale—High Park. There are people who are desperate to find jobs to support themselves and their families. People work hard, sometimes at two or three jobs, yet they cannot get their heads above the poverty line.

It is a sad fact that in the city of Toronto, with all its wealth and opportunity, one in three children lives in poverty. I see other families who are making a higher income but who are paying exorbitant child care fees, many thousands of dollars on top of an increasing cost of living on everything from housing to food, but their incomes are not rising accordingly. These families see nothing in the budget to provide more affordable housing, nothing in child care, nothing to create jobs and improve their incomes in Toronto.

I see young people who would love the chance to have a decent future and to be part of the economy of tomorrow, but there is almost nothing here in skills development and apprenticeship training.

Young people now have twice the national unemployment rate. If they lose hope, our country will pay the price in years to come. If we invest at the front end, in job skills training and child care and better housing, we will all reap the benefits for years to come.

Regrettably, the government's determination to grow the prison population and purchase fighter jets at the expense of these measures takes Canada in the wrong direction. It is not just morally and socially wrong. It is economically unsustainable.

We believe that it is wrong to attempt to sneak measures past Canadians and to ram them through Parliament as quickly as possible. The Parliamentary Budget Officer has said repeatedly that MPs are not getting the information they need in order to reasonably be able to exercise their power of oversight. And today, the Parliamentary Budget Officer has come forward with a legal opinion that backs his battle to obtain information about the proposed cuts.

We are living in uncertain times, and forces beyond our borders will likely continue to have a significant impact for some time to go.

We will have a jobs crisis, likely to get worse. We have an environmental record that has plummeted, among the worst under the Conservatives, and we have a government that repeatedly misleads Canadians to serve its agenda.

Canadians need a government committed to job creation in a meaningful way, not just talking points. We need a government that understands that economic growth and environmental protection must go hand in hand. And we need a government that not only sets up a Parliamentary Budget Office but that provides that office with the information it needs to provide real accountability for Canadians.

That is why New Democrats have been standing firmly against this undemocratic Trojan Horse bill every step of the way and that is why, today, I would like to introduce the following reasoned amendment. My reasoned amendment is as follows:

That the motion be amended by deleting all of the words after the word “That” and substituting the following:

“this House declines 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 law 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 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.

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

, moved 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.

Bill C-38

[Craig Scott, NDP, Toronto—Danforth, ON]

Madam Speaker, my third petition is on behalf of residents of Toronto—Danforth and relates to Bill C-38, which I would remind everyone has not yet passed this House.

The petitioners call on the Government of Canada to allow for greater study, debate and public scrutiny on the budget implementation bill.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Madam Speaker, I am pleased to start my one-day-late Thursday statement with the Conservatives' deep gratitude to all of the staff and pages of the House of Commons, who were forced to endure a rather long Wednesday sitting. I thank them for that and I apologize that they were subjected to it.

On to the remaining business of the House, this afternoon will we complete third reading debate of Bill C-11, the copyright modernization act. On Monday we will have the third reading debate of Bill C-38, the jobs, growth and long-term prosperity act, now that we are past the opposition's theatrical and ideologically driven delay tactics at report stage, which caused you, Madam Speaker, to have to spend an undue length of time here, in particular during the unfortunate act of slow votes, which really achieved nothing but inconvenience to the staff and pages of the House of Commons.

If we have extra time on Monday, we will resume second reading debate on Bill C-15, the strengthening military justice in the defence of Canada act. For the remainder of the week, I want to see the House dispose of the many bills that are still awaiting our work and attention. To accommodate the House, we have voted to sit into the evenings next week.

I would welcome any co-operation from my counterparts on moving these bills forward efficiently. I would like to start with securing second reading and referral to committee before the fall sitting of the following bills: Bill C-24, the Canada—Panama economic growth and prosperity act; Bill C-28, the financial literacy leader act; Bill C-36, the protecting Canada's seniors act; Bill C-15, the military justice bill that I mentioned moments ago; Bill C-27, the first nations financial transparency act; and Bill S-2, the family homes on reserves and matrimonial interests or rights act.

Of course, this is only the start of my list, but it would be a good message for us to send to Canadians to show that we are actually willing to do our jobs, the jobs they sent us here to do, and actually vote and make decisions on the bills before us. A productive last week of the spring sitting of our hard-working Parliament would reassure Canadians that their parliamentarians are here to work.

To get on in that direction, since today is World Elder Abuse Day, I want to draw attention to our Bill C-36, the protecting Canada's seniors act. I believe this bill to combat elder abuse has the support of all parties. I have heard the suggestion of the opposition whip, but I would like to suggest we go one step further. I know the opposition has shown it likes to talk about things; we actually like to make decisions and get things done on this side of the House. With that in mind, and in recognition of this day, it is appropriate to advance this important bill right now and send it to committee for study. Therefore, I would like to ask for unanimous consent for the following motion:

That, notwithstanding any Standing Order or usual practices of the House, Bill C-36, An Act to amend the Criminal Code (elder abuse) be deemed to have been read a second time and referred to the Standing Committee on Justice and Human Rights.

[Nycole Turmel, NDP, Hull—Aylmer, QC]

Madam Speaker, I would like to begin by saying, and I am sure the Leader of the Government in the House of Commons will agree, that we all had a very long day yesterday.

However, it was also a day when Canadians saw the opposition stand up and vote for 22 hours against a tyrant and against this government's reckless and regressive agenda.

Yesterday, the opposition asked the government to accept the challenge of taking a break in order to have a question period. We lost our opportunity to ask the government the Thursday question. I appreciate the fact that we are being given that opportunity here today. I would therefore like to ask the Leader of the Government in the House of Commons if he is prepared to tell us what the government has planned for next week. Specifically, we would like to know what bills the government plans to spring on us next week, without any real public consultation.

I would also like to point out that today is World Elder Abuse Awareness Day. It is ironic that Bill C-38 passed yesterday, considering that it will raise the retirement age from 65 to 67. It is a funny coincidence—although I do not find it very funny.

In March, the government introduced a bill on seniors. We had just two and a half hours of debate. Many members of the official opposition want to work on this bill in the House, with the government.

In the spirit of working together with all parties on this very important day, would the Leader of the Government in the House of Commons be willing to put this bill on the orders of the day this afternoon? If he did, and if this bill could be referred to committee this afternoon, we would have a speaker prepared to take part in the debate.

Bill C-38

[Jean-François Fortin, Bloc, Haute-Gaspésie—La Mitis—Matane—Matapédia, QC]

Madam Speaker, that is a strange response from a Minister of Fisheries and Oceans.

Over the past few hours, the focus has been on the marathon voting session in the House of Commons. Now, we must direct our focus to the very real consequences that the budget will have not only for citizens, workers, employers and the unemployed, but also for the environment and the regions; all will pay the price for the forced passage of this bill.

My colleague talked about the closure of the Department of Fisheries and Oceans' brand-new laboratory at the Maurice Lamontagne Institute in Mont-Joli, which will be sacrificed for the sake of ideology, even though it plays a key role in environmental issues.

How can the Conservative members from Quebec shut their eyes to the damaging consequences that Bill C-38 will have for all Quebeckers?