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

[Kellie Leitch, Conservative, Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour]

Mr. Speaker, I am proud to be here to discuss some of the highlights of Bill C-38, the jobs, growth and long-term prosperity act, and to speak against the NDP and other opposition amendments that are focused on delaying the passage of the bill.

As our economic record shows, Canada has performed well in the face of global economic uncertainty. Both the IMF and the OECD forecast that we will have among the strongest economic growth in the G7 over this year and the next.

This resilient performance did not happen by accident. It is the fruit of hard labour, solid economic principles, and consistent implementation of a plan that works: Canada's economic action plan.

Economic action plan 2012 sets out a comprehensive agenda to bolster Canada's fundamental strengths and addresses the important challenges confronting the economy over the long term. Our economy's strength provides an opportunity for our government to take significant actions today that will position Canada for a secure and prosperous future.

So far, Canada has had every reason to be proud of its successes. Since our government introduced the economic action plan in 2009 to respond to the global economic recession, Canada has created nearly 760,000 net new jobs, which is the best record in the G7.

Nevertheless, the global economy remains fragile, especially in Europe, and too many Canadians are still looking for work. That is why, in this uncertain economic climate, our government is staying focused on our low-tax plan for jobs and growth, a plan that is focused and works toward serving Canadians well. To this end, economic action plan 2012 focuses on the drivers of growth and job creation, innovation, investment, education skills and communities.

Through my remarks today, I would like to highlight some of the measures our government is proposing to keep the labour market healthy and prosperous.

My first point today will focus on employment insurance. EI is Canada's single largest labour market program. It provides temporary income replacement to help individuals and their families, as well as training and other labour market supports to help Canadians return to employment.

Bill C-38 makes targeted changes to make EI a more efficient program that promotes job creation, removes disincentives to work, supports unemployed Canadians and quickly connects Canadians to jobs that improve their quality of life and Canada's economy.

To outline these important measures, I will break this down into some details.

Our government is committed to helping Canadians who are looking for work. That is why our government will invest $74 million in a new national EI pilot project to ensure claimants are not discouraged from accepting work while still receiving EI benefits. This new pilot project, the working while on claim pilot project, will cut the current earnings clawback in half, to 50% of earnings, and apply it to all earnings while on claim. This will ensure EI claimants always benefit from accepting work by allowing them to keep more of what they earn while still on employment insurance.

Second, matching workers with available jobs is critical to supporting economic growth and productivity. Economic action plan 2012 will invest $21 million to enhance the content and timeliness of job and labour market information that is provided to Canadians looking for work. Along with providing relevant and timely job information, we will strengthen and clarify what is required of claimants who are receiving regular EI benefits and looking for work.

Third, our government recognizes that Canadians want stable and predictable EI premium rates and a transparent rate-setting mechanism. Our government would ensure predictability and stability in the EI premium rate. Over the next few years, we will limit annual rate increases to 5¢ until the EI operating account is balanced. Once the account has been returned to balance, the EI premium rate will be set annually on a seven-year break-even rate to ensure that EI premiums are no higher than needed to pay for the EI program. After the seven-year rate is set, annual adjustments to the rate will also be limited to 5¢.

Overall, these changes to employment insurance have been widely welcomed, especially from small business.

Indeed, the Canadian Federation of Independent Business said:

Since the recession, skills and labour shortages have re-emerged as a major concern for Canada’s small business community. We believe the changes to defining suitable employment, based on how frequently EI is claimed, will help to remove disincentives to work and hopefully make it easier for small firms to find the people they need.

Another way we propose to help meet Canadian labour market needs is to solidify our immigration system. Economic action plan 2012 helps set the stage for strengthening our immigration system into one that is targeted, fast and efficient, and can sustain Canada's economic growth and deliver prosperity for the future. Canada needs immigrants who are ready, willing and able to fully integrate into Canada's labour market, particularly when there are essential skills shortages.

Economic action plan 2012 reinforces the government's commitment to move toward a more economically focused immigration system with the following three measures.

First, we will improve the responsiveness of Canada's immigration system by immediately directing our efforts toward addressing modern labour market realities.

Second, we will work with the provinces, territories and stakeholders to support further improvements to foreign credential recognition and to identify the next stages of target occupations beyond 2012. This will help more highly skilled newcomers find work related to their training, allowing them to quickly contribute to Canada's economy.

Third, we will continue to consider additional measures to strengthen and improve the temporary foreign workers program. This will help support our economic recovery and growth by better aligning the program with labour market demands.

Reaction to these changes has been very positive. In the words of the Canadian Construction Association:

The reforms promised by the budget to...immigration will ensure the country is well placed to take advantage of the more than $500 billion in major economic projects expected in Canada over the next ten years.

When it comes to creating a labour market that is strong and efficient, our government continues to take responsible action that meets our changing circumstances. Canadians gave us a strong mandate to stay focused on the economy and that is exactly what we have done and continue to do. We have a record to prove it.

Since July 2009, employment has increased by nearly 760,000 net new jobs, the strongest job growth among G7 countries over the economic recovery. More than 90% of these jobs created since July 2009 have been full-time positions and 80% are in high wage industries and in the private sector. While these are positive signs, Canada cannot rest on its record of success. We need to keep focused on the economy and on creating high quality jobs.

That is why I urge members of the House to pass Bill C-38 without delay because it will help create jobs for Canadians, and that is the right thing to do.

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, today, I want to express the opposition of the people of Saint-Bruno—Saint-Hubert to the Conservatives' Trojan Horse bill.

Since the budget and this bill were introduced, I have received dozens, if not hundreds, of messages opposing Bill C-38 and asking me to pass along their messages. I had the opportunity to participate in consultations organized by the official opposition in Ottawa and Regina, where I heard from many groups, including the Canadian Medical Association, the Fédération interprofessionnelle de la santé du Québec, researchers, university professors and citizens, who are opposed to both the form and substance of the bill.

Let us talk about the form of Bill C-38. This bill is supposed to be a budget implementation bill, but it includes a number of reforms that were never mentioned in the latest budget. The government is using the budget implementation as a pretext for implementing its ill-advised reforms, for which it was never elected.

Many of my colleagues have pointed out that increasing the age of eligibility for old age security from 65 to 67 was not proposed to Canadians during the last election campaign. This government even promised not to touch pensions.

When the Minister of Finance said today that old age security and pensions are different, he was getting into semantics. Canadians did not have the opportunity to debate this issue during the election campaign, even though there were discussions between the minister and the Department of Human Resources and Skills Development before the last Parliament was dissolved. As such, this situation is an affront to democracy.

The other problem with this bill is its omnibus form. Including so many reforms that affect the environment and the fisheries and that will have such a great impact on communities without consulting those communities or experts is dangerous. Quickly throwing together an employment insurance reform is also problematic, particularly when the minister cannot name a single person or group that she consulted. These actions all constitute a significant abuse of democracy.

This bill will also affect women. The first thing that comes to mind is that women will be especially affected by the increase in the age of eligibility for old age security. Women depend on this program more than men, and this measure condemns thousands of seniors to a life of poverty.

It is estimated that this measure will triple the poverty rate among female seniors. This bill also amends the Employment Equity Act so that it no longer applies to federal contracts, which will affect a number of groups, including women. I will never understand the logic behind this measure. Do I understand correctly that profit is now more important than equality?

Such reasoning is shameful. We need to put people first. That is what motivates me to question the cuts that will have an impact on food safety. This bill will make a number of changes, including decreasing the number of food inspector positions to the same level as before the listeriosis crisis in 2008. What is more, this bill also amends the Seeds Act to give the president of the Canada 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.

Again, this part of the bill is problematic.

These changes were made without any studies and without any serious consultation. Food inspection and food safety for Canadians should be a sector where public interest comes first.

The statistics and the many witnesses who appeared before the Standing Committee on Health are clear: countless diseases and deaths are linked to food. Sometimes, they result from direct poisoning—salmonella, for example—but it is mostly because of what the food contains.

Bill C-38 also includes changes whereby the nutritional value listed on the labels will no longer be verified. The government is not giving Canadians the tools and ability to make informed choices in terms of health.

Health is another theme of this bill. One of the aspects of the budget that has people talking—and that also shocked the provincial and territorial governments—is the unilateral decision by the federal government to reduce health transfers starting in 2016. The Prime Minister himself had promised, during the leaders debate, not to reduce health transfers below the current 6% level.

After 50 years of public health insurance, our system is facing a number of challenges. Now we have to deal with an epidemic of chronic illnesses and conditions that require follow-up. We have to ensure that our health care system meets the public's needs today.

The government's decision is equivalent to eliminating the deficit at the expense of the provinces and depriving them of $31 billion, according to the Parliamentary Budget Officer.

What is more, this government is being inconsistent. On one hand, it is saying that we have to control health costs. On the other hand, it is refusing to legislate to reduce the level of sodium and trans fats in food and it is cutting food inspection and monitoring. Those are decisions that are going to cost our health care system billions of dollars in the long run.

Let us be serious and let us be consistent. We do not have to penalize the public and the patients in order to reduce health care expenses. Let us work on prevention. Let us regulate the amount of sodium and trans fats in food, in order to make it easier for people to get healthy food. Let us work with the provincial and territorial governments to make home care available and to make prescription drugs accessible for everyone. If we want to control health care costs, we must also ensure that the money is well managed and well spent.

That is why I am surprised that this government has decided that the Auditor General should no longer have the authority to audit the spending of the Canadian Institutes of Health Research. We collectively invest a billion dollars every year in research, through the Canadian Institutes of Health Research. That is a significant amount of money that the Auditor General should look at if he deems it necessary.

Lastly, increasing the age of eligibility for old age security will have consequences for health care. Dr. John Haggie, president of the Canadian Medical Association, said:

We are greatly concerned about the move to raise the age of eligibility for Old Age Security. Many seniors have low incomes and delaying this relatively modest payment by two years is certain to have a negative impact...Gnawing away at Canada’s social safety net will no doubt force hard choices on some of tomorrow’s seniors... the choice between whether to buy groceries or to buy their medicine...People who skip their meds, or lack a nutritious diet or enough heat in their homes, will be sicker. In the end, this will put a greater burden on our health care system.

This is a bad bill. It implements a budget that is bad for the Canadian economy and workers. It is bad for women. It is bad for democracy. It is mediocre for the health of Canadians and for the public health care system.

That is why I am going to vote against this bill. That is why it should have been split and examined more carefully.

[Wayne Easter, Liberal, Malpeque, PE]

Madam Speaker, I believe Algoma Steel is where it is today as a result of the guy who happens to be our interim leader, whom that party over there loves to attack. In a different time, it was that individual who saved the plant.

I happened to be in Sault Ste. Marie a couple of weeks ago, and there is not satisfaction up there about Bill C-38. They are very concerned about it, and they are concerned about it in their seasonal industries.

However, the point I want to make relates to the member's comments on seniors, where he is absolutely wrong. For people who are 54 years old and saving two cents on a cup of coffee with the GST cuts so they lose their pension of $30,000 over two years, if they are in a low-income group and have to go on provincial welfare, is that doing something for future seniors? I do not think so, and the reason the government is making that—

[Mathieu Ravignat, NDP, Pontiac, QC]

Madam Speaker, in my riding, industries are shutting down and it is very hard for people to find good jobs in the region they grew up in.

Communities are losing their young people, and now there are employment insurance measures in Bill C-38 that will make it even harder for people to stay in their home regions and find seasonal work.

What does the member have to say to those people?

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Madam Speaker, the Conservative government introduced Bill C-38, which is supposed to be a budget bill focused on creating good jobs in Canada and which could help both urban centres and rural regions develop economically.

My colleagues and I analyzed this budget and came to the conclusion that the government has failed and that this is a rather pathetic attempt. The changes to employment insurance in this budget appear to be a direct attack on workers. This does not surprise me, because in recent weeks, the Minister of Human Resources and Skills Development called seasonal workers lazy.

In a region like mine, Saguenay—Lac-Saint-Jean, seasonal work is a reality for workers. For those who are not familiar with my region, it is known for its forestry workers. Tourism and agriculture are also important in this region.

These three sectors of economic activity are very important pillars of Canada's economy. Workers have no choice but to apply for employment insurance from Service Canada for a few weeks or months, between seasons and job losses. These people will suffer from the cuts. In light of the fact that we are barely out of an economic recession, the situation is extremely precarious. I would like the unemployment rate to be lower than it is in my region, but the reality is that the rate is rather high. This Conservative budget must help develop the economy.

For example, I did not find anything in this budget bill that would help the Saguenay—Lac-Saint-Jean economy, such as increasing the gas tax transfer to municipalities. There is a large city in my region, Saguenay, but there are also eight smaller cities and small towns with 500 to 6,000 residents each. For small municipalities like these, infrastructure costs call for significant financial resources. Infrastructure needs include waste water treatment systems, paving and even drinking water systems. Unfortunately, the government is more or less leaving small municipalities to their own devices. That is why I am pleased with the NDP's proposal to double the gas tax transfer to municipalities and to index it yearly. This measure shows that, unlike the Conservative government, the NDP really cares about helping small municipalities make progress.

It is important for the federal government to invest in rural infrastructure, but it is just as important to develop the economy. A development project has been proposed for my riding. Even the defeated Conservative candidate supported it. The proposal is to set up a customs office in Bagotville. Because the community does not currently offer that service, it cannot welcome foreign visitors, such as Europeans with a lot of money to spend, directly. Unfortunately, because the community lacks a customs office, it is losing a lot of those people because the process is complicated. Those people have to go through customs in Quebec City or Montreal, and when they are on vacation, they are not interested in driving four hours to get to the Saguenay.

This proposal is sound. The community has submitted its request to the Canada Border Services Agency several times, but unfortunately, it has met with rejection each time. Even the region's MP, the member for Roberval—Lac-Saint-Jean and Minister of Transport, Infrastructure and Communities, has done nothing. He made it clear that the project is not a high priority for him. I find that deplorable because it is, after all, an economic measure that even the Conservative candidate supported during the last election campaign a year ago. Unfortunately, the Conservatives are kind of breaking their promise.

Other measures could help Canadian families and families in Saguenay—Lac-Saint-Jean. For instance, I would like to propose a refundable tax credit for family caregivers. I am a member of the Standing Committee on Health, along with other colleagues of mine in the NDP. We realize that people who need to take care of a family member or loved one and who must take on a new role—and might even have to quit their job to do so—are not receiving a refundable tax credit.

This is the real kicker, because these people are already losing income by quitting their jobs. Since their income has decreased, they often do not pay taxes. On top of the huge sacrifice they are making to take care of their loved one, their income also goes down. Since they no longer pay income tax and the tax credit is not refundable, they cannot access the money that could have helped them get out of poverty. We have a great deal of poverty in Canada, even though it is not always obvious.

If the Conservative government would invest just $700 million to improve the guaranteed income supplement, this would lift 250,000 Canadian seniors out of poverty. We in the NDP care deeply about this. It is very important to us that Canadian seniors get out of poverty, especially since these are the people who dedicated their lives to building their communities. They have made sacrifices in order to build this beautiful country of ours, and the Conservative government is leaving them destitute.

It would be so easy. It would cost $700 million, which is not much for the Government of Canada, to lift seniors out of poverty. Unfortunately, we know where Conservative members' interests lie. All they want to do is lower taxes for large corporations.

In the NDP, we are not against lowering taxes, not at all. However, lowering taxes on businesses has to be done wisely. That is why we are proposing to give a 2% tax cut to small and medium-sized businesses, because they are the ones creating the most new jobs in Canada, more than the corporations are.

I will come back to my region again. Over the past few decades, there have been plant closures and many families in Saguenay-Lac-Saint-Jean have lost their income. What is more, with the forestry industry faltering right now, it is very hard for a region like mine to develop economically.

With a 2% tax credit, small businesses would see their tax rate go from 11% to 9%. That would give some flexibility to the employers who employ people from their communities. This credit might allow them to have higher profits at the end of the year, expand their business and hire more workers.

I think that is quite reasonable. I am pleased that my party is taking this position.

I also want to condemn the fact that, in its budget, this Conservative government is abolishing funding for the National Council of Welfare. It is an independent, federal group that advises the Minister of Human Resources and Skills Development on poverty. Its annual budget is only $1.1 million. That is peanuts for the Government of Canada.

In recent years, the National Council on Welfare has done fantastic studies that have helped both the government, because the studies are submitted to the minister, and non-profit organizations and the provinces, which help people escape poverty.

The government chose not to listen and has eliminated funding for the National Council of Welfare. Unfortunately, this organization is irreplaceable. We will lose a great deal of expertise on the fight against poverty.

I would also like to talk about another item that I did not see in the Conservative budget and that could help the economy. All members know how the Canada summer jobs program helps communities hire young people and gives them summer jobs. It could be that first job that provides the first work experience. It can also give young people experience working in their field in the summer. Unfortunately, the budget has been frozen for several years.

The minimum wage is increasing; the program is becoming increasingly popular; and more and more organizations are submitting applications. However, every year, the program becomes less and less generous. It is really unfortunate because everyone here knows how much it helps our communities. So that is a suggestion that I am making to the Conservative government.

I know that the Conservatives like tax credits. Why not give a refundable tax credit for adult physical fitness.

There is an obesity problem in Canada. I am a member of the Standing Committee on Health, and we talk a lot about prevention. We need to give Canadians a bit of a nudge to help them take charge of their health because, in the end, this is going to cost money.

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

Madam Speaker, it is a pleasure to have the chance to join in this debate and rise in support of Bill C-38, the jobs, growth and long-term prosperity act. However, I must express my disappointment that the opposition has chosen delay tactics over responsible governance, threatening the passage of this legislation by obstructing crucial measures to promote jobs and economic growth in Canada.

Our Conservative government has been very clear that jobs and economic growth are our top priorities. It is the same today as when we were first elected in 2006. In fact, nearly 760,000 net new jobs have been created since July 2009, and 90% of them full-time. This is reflected in our most recent budget.

Members should listen to the words of Canadian Chamber of Commerce president, Perrin Beatty, who stated:

We have urged the government to focus on where Canada needs to be five or 10 years from now, even if it means taking tough decisions now. The government has acted.... The result will be a stronger economy and more jobs.

That is what the budget implementation legislation before us today is all about. It is about ensuring that our economy continues to create dependable jobs and a high qualify of life today and for the future.

Several of my hon. colleagues have spoken very eloquently to the legislation as a whole and to the importance of taking responsible action now to sustain our economy while keeping taxes low and returning to balanced budgets. I will spend my time discussing the components of Bill C-38 that pertain to matters of public safety and security, in particular our border with the United States.

In addition to strengthening our economy and building our government's strong track record of job creation, Bill C-38 contains some very important provisions that would further enhance our ability to keep the border safe while also improving the way government operates.

I am very proud to note that this legislation contain a provision that would help us crack down on organized crime groups, gang members and other thugs who often earn a major portion of their illegal income by smuggling contraband goods, such as guns and drugs, or by smuggling illegal migrants across our border with the United States.

The relevant provisions would implement the Canada-United States Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations and, as a key feature of those operations, authorize specially trained and designated Canadian and U.S. law enforcement officers to work together to enforce the law on both sides of our shared border. They would involve specially trained and appointed Canadian and United States law enforcement officers working in integrated teams, transiting back and forth across the border to deal with cross-border criminality, while still respecting the sovereignty of both Canada and the United States.

In layman's terms, the proposed legislation would regularize the practice of allowing law enforcement vessels, jointly crewed by designated U.S. Coast Guard and Canadian RCMP officers, to enforce the law on both sides of the international boundary line. In Canadian territory, these teams, known as shiprider teams, would enforce Canadian law and, in the U.S. territory, would enforce U.S. law while under the direction and control of a designated officer from the host country. What that means is that organized crime would no longer be able to exploit the border to evade arrest and prosecution. Instead, law enforcement would be able to continue to pursue and arrest criminals regardless of which side of the border they are on. This is good news for everyone.

I should point out that this practice has already been occurring on a pilot basis since 2005 for certain high-profile events, such as the 2006 Super Bowl in Detroit and the 2010 Olympic Winter Games in Vancouver. We know that this shared approach is effective when it comes to cracking down on cross-border crime.

I will take a moment to read some testimony heard by the finance committee during its extensive consideration of Bill C-38 which details the experience of the RCMP during its 2007 piloting of this important program.

With respect to the 2007 pilot projects that were the longer term pilots, two of them were concurrent, one on the west coast and one on the St. Lawrence seaway in the area of Cornwall. Chief superintendent, Joe Oliver, told the members of the finance committee:

The Shiprider teams were involved in a number of interdictions and arrests. They were involved in six direct arrests, and they contributed to 40-some other arrests. They were involved in the seizure of contraband cigarettes and marijuana, the confiscation of proceeds of crime—vessels that were used for cross-border smuggling and modified for those purposes—as well as conveyances on land. They contributed.

[...] In one case, in Cornwall, there was a complaint of a child abduction that was in the border zone and a vessel had been used. The Shiprider team had the operational flexibility to cross back and forth checking marinas along the Canada-U.S. border, on both sides of the border, which then helped them quickly identify where the vessel had landed and helped identify the vehicle, which ultimately led to the safe return of a child. They were seen as contributing to that investigation as well.

These highlight some of the successes that we've seen with the deployment of Shiprider along our shared waterways with our American counterparts.

Those are the kinds of results that Bill C-38 would deliver to Canadians.

When it comes to public safety, the legislation contained in the bill would ensure that law enforcement has the tools it requires to keep Canadian families safe and our borders secure.

I will now speak to an additional measure contained in the bill that would similarly promote economic benefits by protecting the border and cracking down on the smuggling of contraband.

Amendments to the Customs Act would provide urgent legal authority for the border officers currently operating at the Cornwall border crossing to stop incoming traffic. These amendments would authorize the Minister of Public Safety to designate a “mixed traffic corridor” when operations of the custom office are interrupted due to extenuating circumstances and impose new obligations on all travellers using such a corridor to stop and report to border guards.

I must emphasize that this new designation authority is only intended to be used in extenuating circumstances, for example, in case of flooding, fire damage, or other situations that render an existing customs office unusable or inaccessible so that it can be quickly relocated nearby rather than having to be closed altogether. This would ensure the ongoing operation of Cornwall's port of entry and the trade that it supports between Canada and the United States.

Both of the measures I have spoken about today are critical to the safety and security of all Canadians and would ensure that our government delivers on its commitments in a fiscally prudent manner.

I. therefore. urge all hon. members to support the bill and to stand up to the divisive delay tactics the opposition has relied on to defeat this critical piece of legislation that would bring jobs, growth and long-term economic prosperity to all Canadians.

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Madam Speaker, over the last three decades, high profile events and reports focused the world's attention on the global environment and its needs and the international action necessary to improve the situation: the 1987 World Commission on Environment and Development: Our Common Future report; the Montreal Protocol on Substances that Deplete the Ozone Layer; the 1992 Earth Summit in Rio de Janeiro and its Agenda 21; the 2000 Millennium Summit in New York and its millennium development goals; the 2002 World Summit on Sustainable Development in Johannesburg; and the 2005 Kyoto protocol to reduce greenhouse gas emissions, just to name a few.

Thirty years ago sustainable development was defined as development which met the needs of the present without compromising the ability of future generations to meet their own needs. It was commonly understood that we did not inherit the earth from our ancestors; we borrowed it from our children.

Twenty years ago more than 178 governments signed Agenda 21, which reads:

Humanity stands at a defining moment in history. We are confronted with...the continuing deterioration of the ecosystems on which we depend for our well-being. However, integration of environment and development concerns and greater attention to them will lead to the fulfilment of basic needs, improved living standards for all, better protected and managed ecosystems and a safer, more prosperous future. No nation can achieve this on its own; but together we can - in a global partnership for sustainable development.

With one fell swoop, through Bill C-38, Canada is abandoning sustainable development and returning to the 1950s way of thinking and acting, namely fast tracking development at any cost. Canada is also abandoning its fair share for a global partnership for sustainable development, particularly through walking away from Kyoto.

For 25 years, I fought for an improved environment, consulted to Environment Canada and served on the intergovernmental panel on climate change. Like millions of Canadians, I am devastated by the government abandoning the environment, sustainable development and its international responsibility, muzzling scientists and silencing the voices of its critics.

Last week more than 500 organizations across Canada, for example, the Canadian Association of Physicians for the Environment, David Suzuki Foundation, the Pembina Institute spoke out for democracy and the environment in Canada. The Black Out Speak Out website states, “Our land, water and climate are all threatened by the latest federal budget. Proposed changes will weaken environmental laws and silence the voices of those who seek to defend them. Silence is not an option”.

While the government claims a balanced approach to protecting the environment and promoting economic growth, its actions are in direct opposition. Bill C-38 repeals the Canadian Environmental Assessment Act and the Kyoto Protocol Implementation Act. It weakens several environmental laws, including protection for species at risk in water, and nearly eliminates fish habitat in the Fisheries Act. It gives the federal cabinet authority to overrule the decision by the National Energy Board and eliminates the National Round Table on the Environment and the Economy.

We have environmental legislation to avoid repeating the mistakes of the past. For example, the pea soup sulphur dioxide fog that killed 4,000 people in London, England in 1952; minamata disease that poisoned thousands of Japanese with methyl mercury, beginning in 1956; and the oil slick and debris river that caught fire in Cleveland, Ohio in 1969.

During the subcommittee's review of part 3 of Bill C-38, Ms. Rachel Forbes, staff council, West Coast Environmental Law, said that she did not believe the proposed amendments in the new legislation as currently drafted would accomplish any of the government's four pillars, namely: more predictable and timely reviews; less duplication in reviewing projects; strong environmental protection; and enhanced consultation with aboriginal peoples and may actually hinder them.

The hon. Thomas Siddon has repeatedly voiced concerns regarding Bill C-38 saying, “They are totally watering down and emasculating the Fisheries Act...they are making a Swiss cheese out of [it]. At the subcommittee he reported:

The bottom line...to take your time and do it right. To bundle all of this into a budget bill, with all its other facets, is not becoming of a Conservative government, period.

Mr. Stephen Hazell, senior counsel, Ecovision Law, agreed:

My recommendation is that this subcommittee remove the proposed CEAA 2012 from Bill C-38, and propose to the overall finance committee that it be referred to the House of Commons environment and sustainable development committee for its review

The environment sections of Bill C-38 should be removed, presented as a stand-alone bill and be sent to a legislative committee for clause-by-clause study.

The government should also ensure that any change to existing environmental laws and regulations be made in a manner that respects aboriginal peoples and treaty rights of aboriginal peoples in Canada that are recognized and affirmed in the Constitution.

National Chief Shawn Atleo reported during subcommittee hearings:

To date, first nations have not been engaged or consulted on any of the changes to the environmental and resource development regime proposed within Bill C-38...In its current form, Part 3 of C-38 clearly represents a derogation of established and asserted first nations rights.

The Union of BC Indian Chiefs voiced similar concerns in an open letter:

The federal government’s unilateral and draconian approach to amending the environmental assessment process is not being quietly accepted by First Nations, environmental organizations, or the general Canadian public.

Canadians should know that after a mere 16 hours of study of what the environment commissioner calls some of the most significant policy developments in 30 to 40 years, the subcommittee is left with many questions regarding the legislation. In light of these, the government should, for example, table in the House of Commons: what types of projects will be included or excluded under the proposed changes to CEAA, and specifically, the proportion and types of current assessments that will no longer receive federal oversight; assessments of the environmental assessment process in each province and territory, how the government will define whether or not a provincial process is equivalent to the federal process and how assessment of cumulative impacts will be undertaken; and the projected cost of changes to the CEAA for each province and territory.

Governments worldwide are concerned with making the shift to the green economy, to stimulate growth, create new jobs, eradicate poverty and limit humanity's ecological footprint. One of Canada's reforms must be a shift to the green economy. It is therefore extremely unfortunate that the bill pits the economy against the environment and that the debate is so polarized. Canadians deserve a real discussion.

Going forward, the government should recognize that it does not face a choice between saving our economy and saving our environment, but rather between being a producer and a consumer in the old economy and being a leader in the new economy. It should initiate discussions with provinces, territories, municipalities, labour organizations, industry sectors, first nations and others to develop a green economy strategy for Canada, with goals for 2015, 2020, 2025 and 2030. It should ensure that its development strategy includes skills development, training programs, certification courses and transitional policies for workers and communities.

Finally, the government is waging an unprecedented war on science and on the environment with uncertain consequences for nature and society. As in the baseball adage, “It's the top of the ninth”, the government has been hitting nature hard, but nature always bats last.

[Mike Wallace, Conservative, Burlington, ON]

Madam Speaker, it is my pleasure to speak tonight to our budget implementation bill, Bill C-38. I have been listening to most of the speakers today, as I have been here on duty. Speakers on our side have been talking about the substance of the bill and different aspects of the bill that are of interest to those individual speakers. On the opposite side, we have heard a lot about process and why members opposite are upset about it, so I am happy to speak about process this evening.

I want to make sure those tuning in at home and those in the House who have not been here for many years understand the actual process of how we get here.

Every year, the finance committee meets and starts a pre-budget consultation. In the fall of the year it goes across the country, meeting with different individuals and groups to get input on what should be in the budget. The Minister of Finance does the same. Our ministers do the same, and I am assuming some opposition members also do some consultation.

Our Minister of Finance has been very gracious in asking for input from all sides of the House on the development of the budget, and this year it was developed and presented in late March. It was a very large budget. It had lots in it. There are lots of changes in the budget, and that is a policy document. The budget is really the policy aspect of where we would like to see the country go, based on the financial aspects put out in the budget--not specifics, but policy direction.

Members should know that, under the current law, there is actually no law requiring the government to present a budget at any particular time during the year. Finance ministers in Canadian history have presented a budget in the spring, and we continue that process, but that is not a legal requirement.

If we look at what has happened south of the border in the United States, it has been two or three years since a budget has been presented. They are having a tremendous amount of financial difficulties, as we all know, and part of their problem is that they cannot get their act together in terms of putting their country on the right financial footing from the government's perspective. Having a budget that could pass both Houses is part of the issue.

Here we have a budget that has come forward. It has been passed by this House and by the Senate. The budget we pass, we pass it in principle. From the budget, there are implementation bills. There are actually two, one in the spring, which we are debating tonight, and one in the fall, because it is difficult or almost impossible for the bureaucratic staff to go through every change and policy direction that is in the budget and turn it into actions. That is what an implementation budget is. It is turning what was said in the budget into actual actions, and of course it will require changes to different laws and to different aspects. This budget does exactly the same.

There has been some indication that what happened in the budget, which was passed, all of a sudden is showing up in this implementation bill, coming from nowhere. I want to point out some of the items, and I only have time to do four or five, that were actually in the budget, which this House passed and which are in the implementation bill. Some of it the opposition considers controversial. I do not know how controversial it is when it has been there.

Let us start with a simple one. In Part 2, on the sales and excise tax measures, which changes the GST and HST treatment of some medical devices, assistive devices and medical treatments, we have zeroed them out. Basically we had to pay GST on them before. In the implementation bill, we do not.

If we look at the jobs, growth and prosperity budget, which was passed by the House, and we turn to page 167, it talks about health related tax measures. It talks about the economic action plan 2012, which proposes expanded health-related tax relief under the GST and HST. It is right there in black and white. It is in the budget book. It was passed by this House.

The bureaucrats take what was in the budget and turn it into action, from policy to action in the implementation bill. It is there. We cannot argue that there is something new that we have not seen before that has not been discussed. It is right there.

Let us move on. One area that has been very controversial is what is happening with the natural resources area. In chapter 3 we have responsible resource development from pages 88 to 100 of the budget bill, “Modernizing the Regulatory System for Project Reviews”. That is almost 20 pages on what the policy changes should be to make our system more efficient and effective with respect to regulatory reviews, environmental assessments and improving projects. The issue is not, as we are hearing about, that we are making changes. Those changes are clear, if members read the budget bill, which they got on March 29, which is the day it was presented. We have had it for a couple of months. We know what changes there will be. All this budget implementation bill does is take what was said in the budget, what was passed by the House, and implement it. Of course it requires some changes to legislation. The policy is there and we are implementing that policy.

Here is another small one that I think is important. If we look at Part 4, Division 3, there is a section in the implementation bill about PPP Canada, the public-private partnership program we have. If members look at page 156 of the budget, imagine that, it talks about infrastructure money and that we will work with the municipalities to provide support for infrastructure development in this country. Part of that policy discussion was to enhance the role of the PPP to make that happen, to get the private sector involved with the public sector to make a difference in the infrastructure in this country. It is in the budget.

There are no surprises. The implementation bill did not come out of the blue with something that was not there before. It is on page 156. It is not exactly that, because it is policy. The budget document is policy, which we have to implement. That is what this act does.

We have a really simple one. Part 4, Division 16, talks about the Currency Act, and in the budget, on page 217, it talks about the elimination of the penny and why we are doing it. It is a policy decision. It is in the budget passed by this House and the Senate. In principle, we agreed to it. What do we have to do? We have to implement the change. It is in the implementation bill that is before us on page 217. It comes as no surprise to anyone that we are getting rid of the penny. It is in this bill. There are no changes and no issue with process.

Another piece, which I have heard today, which really surprises me, is about Part 4, Division 17, amending the Federal-Provincial Fiscal Arrangements Act and the Canada Health Act. It is at page 190, and it goes on for a number of pages. There was one speaker on the opposite side who said we were cutting back money to the provinces in terms of the federal transfer for health, which is absolutely inaccurate. If we look in the budget book, we see it talks about what we are doing in terms of the plan we have to extend the 6% all the way to 2016-2017, which inaccurately was portrayed that we were cutting back. In fact, during the election we promised one year less, I believe, maybe even two years less that we would extend that 6% and then we would review it. The Minister of Finance stated in his budget book, in his policies, that we were extending that for an additional two years on top of what we had already committed to and that we would have a 3% accelerator after that. Therefore, it was clear that was what we were doing.

Guess what? What is in the implementation portion of this bill is implementing what was in that policy document. There are no surprises. It was there in black and white, supported by the House. It was not supported by every party, do not get me wrong, but it was passed, so if it is passed by the House I think we should implement it. Instead of just passing something and not doing anything about it, we are actually doing something about it.

This implementation bill is big, but so was the budget. The Minister of Finance and the Prime Minister had the leadership foresight to say we need to continue to do things to make it so we do not fall behind, like other countries around the world—

[Libby Davies, NDP, Vancouver East, BC]

I hear them laughing, Madam Speaker. I guess that homelessness and housing is a laughing matter for the Conservative members. How outrageous and how insulting that is to the 1.5 million Canadians who are struggling to meet their housing costs. I find it reprehensible that the Conservatives cannot even listen respectfully to a debate that is based on bringing forward the real experience of people who are having difficulties in their local communities.

Whether it is housing, pensions, EI, or even something like the Coast Guard in Vancouver, this budget is disappointing. Recently, I was very happy that two of our members, the member for New Westminster—Coquitlam and the member for St. John's East, came to Vancouver and held a very successful forum regarding the cutting of the Kitsilano Coast Guard station. There is an uproar in our city about why this cut has to take place. There are attacks on environmental organizations. In British Columbia, environmental assessments and proper reviews are really important. People take them very seriously. One only has to look at the hearings that are taking place for the northern gateway pipeline to know that people are very concerned about how our environment would be placed at risk. What would this bill do? In one fell swoop it would completely gut our environmental assessment process, after years of developing it into a legitimate process.

No matter which way we look at this bill, when the Conservatives put out the line that somehow Canadians are going to benefit, really what are they thinking about? Are they so blind to what is actually taking place? They do not have to take our word for it. They can talk to any organization, whether it is the Canadian Association of Retired Persons, the Federation of Canadian Municipalities, or environmental groups. Any organization will point out how this bill would have such a deep impact on people in this country.

I have not even spoken about the process we have gone through, but I will end by saying that besides the substance of the bill, the process has been completely appalling. Imagine a bill that is over 400 pages long. Imagine a bill that would change over 70 pieces of legislation. Imagine a bill that was rushed through one committee and a subcommittee. Even the Senate has five committees studying this bill right now, before the bill has even been sent to the Senate, assuming it is going to pass here after the Conservatives ram it through. Even the Senate has taken more time to consider Bill C-38.

In this place, the Conservative government only has one agenda. The Conservatives do not care about what anybody has to say. They are hell-bent on getting this bill through. It is a crying shame that we are at this point.

More and more Canadians are waking up to this. The Conservatives may laugh today. They may say they do not really care what people think, but I think they have a surprise coming. I think that people who maybe even voted for local Conservative members of Parliament, people who are living on pensions and people who are struggling are very upset about this bill and how it would impact them.

Tonight we are debating this bill. We are going to go to the very end and use all the energy we can to show that the amendments we have brought forward on this bill are a reflection of the opposition that Canadians have to it. We are going to do that as much as we can.

[Libby Davies, NDP, Vancouver East, BC]

Madam Speaker, it is very interesting to listen to the debate tonight in the House of Commons on Bill C-38 and to hear our Conservative colleagues tell us that Canada is the best of the best as they reel off their speaking points.

I want to begin my remarks tonight on Bill C-38 by pointing out what needs to be said, which is that the real threat of the budget bill is how it would contribute to income inequality in this country.

There is no question that over the last two decades we have seen a widening gap between wealth and poverty in this country. It is mainly because of public policies that we have seen a drain on things like affordable housing, eligibility for employment insurance, high day care costs and the cost of education. When we look at the record of the Conservative government, it is a terrible record of the growing inequality in this country.

What I find offensive about the bill is that it is completely out of balance. On the one hand, it does nothing to redress things like corporate tax cuts. The government has now given I think it is more than $60 billion to corporations that were profitable and actually did not need a break. On the other hand, the government has been cutting away at the bare essentials that Canadians need.

In a riding like mine, Vancouver East, we have a very low-income community. People struggle day by day to make ends meet. When we look at the bill, we should ask one simple question: What is in the bill that they could hope for that would improve their quality of life?

When we go through this massive budget bill, into which the government has thrown everything but the kitchen sink, and examine it clause by clause, issue by issue, it is very bad news for low-income and middle-income Canadians. On employment insurance, people cannot even get their phone calls returned, and those who are eligible cannot get on EI simply because the services are not being provided.

I do not fault the front-line workers at Service Canada for that. They are struggling to keep up with the call demand. I fault the Minister of Human Resources and Skills Development and the federal government who have deliberately arranged the services so that they are now so difficult to access it makes it almost impossible to have a query answered or to get onto employment insurance. This is something we hear about in my community office every day as people phone in.

One only has to look at pensions. I recently held a pension forum in my riding of Vancouver East. People are very worried. It is not just the older folks who might be approaching the age for OAS who are worried, but also the younger generation of Canadians who understand that the government will be cutting out their income security in the future. These people do not rely on RRSPs. They do not rely on the pooled registered pension plan that we have debated in this House. These people have paid into the Canada pension plan and need old age security. These are the people who will be hurt.

One of things that I find to be the most offensive in this budget is that it does absolutely nothing to address one of the fundamental crises we face in this country, which is the lack of affordable housing.

In metro Vancouver, which is the whole of the Lower Mainland, there is an organization called the Rental Housing Supply Coalition. The coalition includes renters, co-ops, social housing, rental apartment owners and managers, building owners and managers, as well as metro Vancouver officials. It is a very unusual coalition of people who do not often work together, but they have come together because they are so concerned about what is going on in metro Vancouver. There are approximately 31,000 households, which represent probably close to 100,000 people, spending so much on rent that they are just one cheque away from homelessness.

Unfortunately, we know about homelessness in our city, but this crisis is affecting working people now. It is affecting people who will never be able to afford a home. They are struggling to find an affordable place to live and are spending 40% to 60% of their income on rent.

Recently, the City of Vancouver issued a report which shows that homelessness has doubled in the last year. This is a city council that has put enormous energy, effort and investment into dealing with homelessness in our city. What has it received from the federal government? Zip, zero.

I feel angry that this budget which has been touted by the Conservative government is widening the gap and leaving so many people behind.

I will give another example in housing. There are over 600,000 households in Canada that are assisted under federal housing programs. There is a long record of social housing and co-op housing in this country. However, we are facing another crisis in that many of the long-term operating agreements are going to expire. We know that the number of assisted households has dropped by about 22,000 since 2007 and it is predicted that another 63,000 households will be affected by 2015. I have to point out that this is existing, stable, affordable social housing that we are at risk of losing because the Conservative government has been completely blind to organizations like the Federation of Canadian Municipalities, the big-city mayors and housing organizations which have drawn to the Conservatives' attention that unless we—

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, I listened closely to my colleague opposite.

He wants to know what the NDP would have done in the past. In my opinion, the members opposite are completely out of touch with reality.

I listened carefully as he praised Canada. As a Canadian, I too am very proud of Canada and its international reputation. However, I am skeptical when my colleague talks about modernization and being at the cutting edge of research.

Bill C-38 trims the Auditor General's oversight powers, eliminating mandatory audits of the financial statements of a dozen agencies, including the Canadian Food Inspection Agency, the Canadian Transportation Accident Investigation and Safety Board and the Canadian Institutes of Health Research.

I would like to know what my colleague opposite has to say about these issues.

[Dan Harris, NDP, Scarborough Southwest, ON]

Mr. Speaker, we on this side think there is still a lot of work to do in order to make certain parts of our economy sustainable for the environment.

I wish I could rise tonight in this House and speak to a budget bill that was good for Canada and for Canadians. Sadly, I cannot. Instead, I rise to talk about the work of a Conservative government that hid its agenda from Canadians in the last federal election, that is about to pass legislation that would be harmful to Canadians and to our great country both at home and abroad. I rise to talk about a government that is again in contempt of Parliament and, as such, is demonstrating contempt for Canadians and their families.

Over the past few weeks, parliamentarians have been invited to look into this 420-page-plus brick of a so-called budget bill. However, this is not a budget bill. It is really a bill designed to implement many provisions of the Conservatives' hidden agenda, an agenda largely kept secret from the Canadian people during that last election. This bill is about sneaking in major changes to legislation that governs the fabric of Canadian society. In reality, it is a Trojan Horse waiting to get past the walls before unleashing havoc. Once passed, this bill would set changes which Canadians at this time can only guess about.

Bill C-38 has all sorts of provisions that would have an impact on everything from old age security, food inspection and health care transfers right on through to immigration. Of course, one-third of this Trojan Horse bill includes significant proposed changes to environmental protection regulations. This bill would dismantle the measures that were put in place to protect our environment and tackle climate change. They are changes that, rather than bringing us stronger protections, would try to turn back the clock and cancel international accountability measures on climate change. This bill would also repeal the current Canadian Environmental Assessment Act and, as a result, would allow the Conservatives to considerably weaken the assessment system. We would likely see federal environmental assessments plummet from roughly 6,000 a year to only a few dozen. I say quite categorically that the overhaul of the Canadian Environmental Assessment Act does not belong in a budget bill. Under the guise of cutting red tape, the Conservatives would repeal the Canadian Environmental Assessment Act that Canadians have known for generations and replace it with a polluter-friendly Canadian environmental assessment act, circa 2012.

The official opposition contends that this proposed legislative change did not belong in the finance committee, that the environment committee is where the debate and study belonged, and that the committee should have been given the appropriate time to study the changes. This is political expediency at its worst.

Bill C-38 also sets out proposed time limits for the completion of reviews. The minister, and not anyone else, would have the power to shut down a review panel if he or she thought it would it not finish on time. Of course, we all know there is not a one-size-fits-all kind of box. Different environmental assessments require different periods of time. Some, because of unforeseen circumstances, might need to be lengthened. The Conservative government would slap a time limit on an assessment and if did not meet that, then too bad. The minister would have the power to change things and to cancel an assessment. Proper assessment is key to ensuring the benefit to and protection of Canadians. That type of decision needs due diligence supplied by comprehensive reviews by experts, not by a minister and also not through five-minute rounds of questions in the finance committee. However, this is just one example of the profound changes that this bill would make.

Many of the proposed changes in this brick of a budget bill have nothing to do with budget implementation. It is over 400 pages long, would amend 60 different pieces of legislation, rescinding half a dozen and adding three more. Again, I add that these proposed changes would be made with almost no input from Parliament or from Canadians. The disrespect for democracy is shameful.

The short title of this bill, the jobs, growth and long-term prosperity act, does not in any way reflect its content. It reminds me of the kind of doublespeak that was prevalent during the time of the Mike Harris government in Ontario, with bills like the poison pill Tenant Protection Act which stripped tenants of protections like rent control. However, I cannot say I am completely surprised. That government was fond of omnibus bills. The Minister of Finance, Minister of Foreign Affairs and President of the Treasury Board in the current government were also all part of those dark days.

I think the Speaker of the day said it best when he called it an “ominous bill”, and that is what we have here. Much of this ominous Trojan Horse bill has nothing to do with the budget. This budget is about austerity for austerity's sake and the Conservative's hidden agenda.

The Parliamentary Budget Officer has confirmed that public sector job cuts would be in the order of almost 27,000 over the next three years. In addition, about 6,000 contract positions would also be cut. The government refused to detail where many of these cuts would be made, but many of the services and programs that Canadians rely upon would be diminished or eliminated. In fact, the refusal of the government to provide information about the actual number of public sector jobs it is about to axe, information it has but will not share with Parliament, is the very basis for our charge of contempt of Parliament currently being considered by the Speaker.

Make no mistake, the current Conservative government has no respect for Parliament. We have seen that very clearly over the past year now that the Conservatives have their majority based on the support of 39% of the population. They believe that gives them carte blanche to do whatever they want without oversight and without answering to Parliament or to the Canadian people.

I think the polls very clearly illustrate that Canadians are indeed watching. More and more of them are not liking what they see. I know that people in my riding are watching and I have been hearing from my constituents loud and clear.

From Ms. Cleveland in Scarborough, “I'm angered but not surprised with the PC budget. When they stopped using 'Progressive' in their name, they should have change it to the Regressive Conservatives. Stephen Harper promised jobs growth but delivered reckless cuts. There is nothing on jobs, nothing on inequality and nothing to strengthen our front-line health services....Also, the fact that he is using billions of dollars for military jets and warships but slashes funding for environmental issues which affect Canadians in every way, we are supposed to be a peacekeeping nation but he is slowly pushing us to become a fighting nation like the States. Of course, the big question surrounding Mr. Harper--” My apologies.

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Mr. Speaker, I welcome the opportunity to highlight some key measures in Bill C-38, our government's plan to keep this country on a course toward long-term growth and prosperity. Bill C-38 would unleash the potential of Canadian business and entrepreneurs to innovate and thrive in the modern economy.

However, unlike members opposite, our Conservative government recognizes that Canada's resource sector is an asset that will bring greater prosperity to all Canadians and not a point of division.

In fact, I represent a rural natural resource constituency and I am very proud to do so. I have farmers, ranchers, loggers, tourist operators and a burgeoning energy industry in my constituency. My constituency also happens to be the number one producer of canola in the country, which is something else I am very proud of. The people in my constituency and in my communities live with natural resources harvesting and natural resources conservation every day.

I would make the point that, in terms of the Fisheries Act, the amendments we are making are strongly supported by rural municipalities in my constituency and right across the country. Many of my municipalities have very small budgets. They are not very wealthy. The draconian enforcement of the old, ineffective Fisheries Act put an incredible strain on local ratepayers, with zero environmental gain. Therefore, the changes that we are making to the Fisheries Act are welcomed by rural communities across the country.

It is for that reason that I am so disappointed that the opposition has chosen to proceed with these costly delay tactics.

Major resource development projects create jobs and spur development across the country. In 2011 alone, the natural resources sector employed an incredible 790,000 workers in communities right across the country. It is predicted that in the next 10 years more than 500 major projects, representing $500 billion in new investments, are planned across the country. An increasing global demand, especially from emerging markets, bodes very well for Canada. We will reap even greater benefits from our natural resources by encouraging greater private sector investment.

However, currently, Canadian businesses in the natural resources sector that wish to undertake major economic development projects must navigate a complex and unwieldy maze of regulatory requirements and processes. The poster child for bad environmental process is the Mackenzie Valley pipeline, a project I have some familiarity with having done some of the early environmental work up there myself back in the 1970s. It was proven decades ago that the Mackenzie Valley pipeline could have been built in a very environmentally sound way.

The process was repeated in the 1990s, completely unnecessarily. Eventually, the project was shelved due to low natural gas prices.

The 34 years of environmental processes resulted in no project and dozens of aboriginal communities in the Mackenzie Valley impoverished for the foreseeable future because, with the low natural gas prices these days, I think there is a big question mark over the building of the Mackenzie Valley pipeline.

These approval processes are long and unpredictable and actually contribute very little to environmental improvement. Delays and red tape often plague projects that pose few environmental risks. Thousands of small projects have been caught up in this unwieldy process.

Testifying before the House subcommittee, which engaged in an in-depth study of this legislation, Dave Collyer, president of the Canadian Association of Petroleum Producers, told MPs:

The current regulatory process has often led to project delays and cost escalation, which both defer and reduce the employment and revenue benefits accruing to Canadians from these investments. In some cases, projects have unfortunately been cancelled or deferred for many years without any discernible improvement in environmental performance or outcomes.

The Mackenzie Valley pipeline is a perfect example of what Mr. Collyer was talking about.

By forcing these thousands of low-risk projects to go through the review process, the existing system draws resources away from projects that are very large. This approach is not economically sound or environmentally beneficial.

One of the mistakes my friends opposite make is that they think an environmental process is the same as an environmental outcome. This government is focused on environmental outcomes. On our watch, since 2006, most of Canada's environmental indicators have improved. I would recommend that members opposite actually look at what is going on in the environment before they go on and on at length about environmental processes.

Right now, in the federal government alone, accountability for assessments rests with dozens of departments and agencies, leading to duplication and needlessly wastes resources. The starting point in federal environmental assessments can also be unpredictable, which cause lengthy delays. This leads to delays in investment and job creation and some plans are even abandoned because of this lengthy environmental process.

It is no wonder that the members for Edmonton—Strathcona and Newton—North Delta both cited environmental lawyers. Environmental lawyers get rich under this process and so it is understandable that environmental lawyers would be very upset by what we are doing to make the environmental process more efficient. One less day of an environmental process means one less day of fees for environmental lawyers.

This is why our Conservative government has worked hard since 2006 to streamline and improve the regulatory process. However, much more needs to be done. A modern regulatory system should support progress on economically viable, major economic projects and sustain Canada's reputation as an attractive place to invest while contributing to better environmental outcomes. There is that word “outcomes”, meaning results. That is what this government is focused on.

Today's bill would help modernize the federal regulatory system by establishing clear timelines, reducing duplication and regulatory burdens and focusing resources on large projects. The bill includes a number of initiatives to meet this objective. Our legislation would implement system-wide improvements to achieve the goal of one project, one review in clearly defined time periods. It is not that well known, but a number of years ago, under a Liberal government, the Yukon imposed timelines on environmental assessment reviews, and it is working very well.

In addition, we will invest $54 million over two years to support more effective project approvals through the major projects management office initiative. This initiative has helped to transform the approvals process for major natural resource projects by shortening average review timelines from four years to just 22 months, with no change in environmental outcomes. Environmental outcomes still continue to improve because that is what happens in western free market democracies. Environmental outcomes always continue to improve as we expend the resources that we have earned through our economic development on better and better environmental technology.

It is through measures like these and our government's efficient, responsible approach that we are supporting responsible resource development, creating jobs while protecting the environment. A significant element of this economic boost is represented by Canada's unique oil sands industry which employs over 130,000 people while generating wealth that benefits all of our citizens.

I had the honour in the winter of 2009-10 to do environmental work myself in the oil sands. What I saw there made me very proud to be a citizen of this country. I saw not only responsible resource development in action, but the incredible skill level of oil sands workers from all across the country who were contributing to this wealth creation juggernaut that benefits everybody.

Over the next 25 years, the Canadian Energy Research Institute estimates that oil sands growth will support, on average, 480,000 jobs per year in Canada and add an incredible $2.3 trillion to our GDP. At the same time, a strong Alberta economy generates significant benefits for Canada as a whole.

As members of the House can see, our government remains committed to making Canada a great place to create and expand businesses and develop our incredible natural resource endowment, from tax relief to the responsible regulatory program we are putting in, to things like the flow-through shares as part of the mineral exploration tax credit. I could go on and on.

In my allotted time today, I have only had an opportunity to touch on a few of the very important measures in the jobs, growth and long-term prosperity act. Given that, I would strongly encourage all members of the House to actually read the legislation and give it the support it deserves.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, the hon. member's question is very complex and I will try to give a succinct a response.

The example that the hon. member has raised, though, is a really important one to give us a context for looking at Bill C-38. One of the strongest reasons for maintaining a strong federal Fisheries Act and a strong Canadian Environmental Assessment Act is to ensure that we have full reviews of major projects that may actually impact the environment or human health.

Given the recent incidents that have occurred in this week period, we have had two breaks in pipelines in my province of Alberta, not detected by the pipeline owner or operator, not detected by either federal or provincial officers, but detected by first nations people or by farmers.

We should have a proper review of this critical federal legislation, if we plan to change it, and we should revert to the very thorough robust processes that were in place before the government took the reins of power.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, the late Jack Layton was very public in his commitment that the New Democrat official opposition would continue to seek constructive dialogue with the government on the development and reform of federal law and policy. We have been steadfast in our dedication to that commitment. We have persisted in seeking more robust dialogues with Canadians and opportunities for debate among the duly elected members of Parliament.

Sadly, the Conservative government has reneged on its own promises of a more open, transparent and participatory government. Bill C-38 and the process for its passage in one budget bill amending 70 laws is clear evidence of the opposite direction and reneging of those undertakings.

My final remarks today on Bill C-38 will be delivered with great despair, great despair for the expedited undemocratic process for enacting Bill C-38 and changes to 70 laws, despair for the deliberate undermining of more than four decades of collaborative efforts of previous governments to work with ecologists, limnologists, first nations, environmental organizations, fisheries officers, environmental inspectors, justice officials and prosecutors to develop and implement strong federal laws for the protection of the environment, despair that Canada's environmental laws are being shredded at the admission of the Minister of Natural Resources because one Chinese official purportedly queried why Canada's pipeline review process was taking so long and several farmers apparently complaining to the Minister of Fisheries about measures to protect fisheries.

I despair that Canadians were once lauded at international forums for our progressive environmental laws and democratic processes to engage Canadians in their making and application. Bill C-38 has been roundly criticized by highly respected and experienced Canadians, with decades of experience in environmental law, science and governance, including four former fisheries ministers, two former Progressive Conservative ministers, one of whom was a former Speaker.

Canada's foremost scientists have decried the actions of the government to undermine the federal Fisheries Act and the Canadian Environmental Assessment Act, absent any reasonable consultations on credible ways to expedite and coordinate project approvals, while still preventing environmental damage through effective application of these laws.

Bill C-38 is wrong in substance and in its process. I will speak first to the process.

The Canadian Environmental Assessment Act was forged through a series of open, transparent and inclusive consultation processes starting several years before the law was even enacted, a process I was privileged to contribute to over many decades. Provisions of the bill were openly discussed and debated in advance of its enactment, in fact, in advance of it ever being tabled in this place. Parallel discussions were held with a broad array of persons on the regulations that would be promulgated under this yet to be enacted law, a very wise and constructive way of coming forward with legislation. A discussion was held with the public about the umbrella act and consultations were also held directly with scientists, engineers, industry, biologists, limnologists on how the law was to be implemented.

A regulatory advisory committee known as the RAC was established including representatives from industry, environmental groups, farmers and both levels of government. This constructive rule-making process ensured that the laws were practicable and legally and scientifically sound.

Now we have the Conservative government's non-process on bringing forward substantial changes to laws that have withstood time.

The regulatory advisory committee has not met once since the government seized the reins of power. The so-called responsible resource development act was tabled with zero advance consultation. Is this a responsible process? There has been no parallel process to discuss the regulations that will be needed to give substance to this proposed law.

We and regulated industry are left with great legal uncertainty. Members of Parliament are being required to vote on substantial legal reforms to long-standing laws in a complete vacuum. A predictable result will be a highly contested and widely litigated process, which we heard today in a press conference of leading environmental lawyers across the country.

What happened to the open, transparent, participatory government that the Conservatives promised? That promise has been shredded along with a once robust federal environmental regulatory regime. The government has violated its commitments under article 3 of the North American Agreement on Environmental Cooperation, and that requirement is to provide advance notice and opportunity for anyone in Canada to comment on any proposed environmental law or policy.

Let us recall the origin of the Canadian Environmental Assessment Act. In the 1980s and the early 1990s, because of the failure of the federal government to enforce its duties to access impacts of major projects, a number of cases were brought before the courts. Most noteworthy was the celebrated 1992 decision by the Supreme Court of Canada in the Friends of the Oldman River Society case. The court ruled that the powers and therefore responsibilities of the federal government to protect the environment were shared with the provinces, that there was no conflict between the federal and provincial governments and that they both had responsibilities under the Constitution. In coming forward with that finding, the Supreme Court justice cited a once roundly referred to report of the National Task Force on Environment and Economy, a report that I would highly recommend government members read.

Way back then governments were actually bringing together industry and environmentalists in recognizing that we had to have environment and economy together.

One concrete result was the enactment in the 1990s of the fulsome federal environmental assessment regime. The key rationale for the enactment of that law was to provide greater legal certainty through an open, transparent, scientifically-founded, credible project review process. The new regime, which will be brought into effect should Bill C-38 become law, erases that certainty and replaces it with a system rife with political influence and discretion. Federal reviews can be replaced by provincial processes without proof of equivalency or the need to even ensure cumulative impact assessment, the very opposite of a sound, sustainable, credible energy resource regulatory regime which the government keeps promising.

The proposed new environmental assessment regime will substantially reduce the rights of concerned communities to participate in major project review processes. It will also severely limit the potential for reviews at all and on terms which will be politically driven.

The federal Fisheries Act would also be substantially amended through Bill C-38, absent any credible consultation. These reforms to the Fisheries Act would erase the most powerful environmental protection law, the key measure which has triggered the majority of previous major environmental assessments and as a result stronger environmental reviews. The effect, as I have mentioned, would be the diminishment of the unilateral constitutional federal power to protect Canada's fisheries. As was the case with CEAA, where there were consultations over many decades, previous governments had intense consultations.

However, it is not just federal laws that are being undermined. The measures in the bill and the budget would undermine the very foundations of good science that should be the basis of our laws.

In implementing this law, the government is violating its trade agreement with the United States of America and Mexico. The Conservatives committed under NAFTA that they would strengthen the development and enforcement of environmental laws and regulations and strive to continually improve them.

Under the NAFTA investment chapter, it specifies it is inappropriate to encourage investment by relaxing domestic health, safety or environmental measures. That is exactly what the Conservative government intends to do through Bill C-38, and we can anticipate that the citizens of Canada may incur the cost of actions brought under NAFTA.