moved:
Motion No. 24
That Bill C-38 be amended by deleting Clause 52.
This bill is from the 41st Parliament, 1st session, which ended in September 2013.
Jim Flaherty Conservative
This bill has received Royal Assent and is now law.
This is from the published bill.
Part 1 of this enactment implements certain income tax measures and related measures proposed in the March 29, 2012 budget. Most notably, it
(a) expands the list of eligible expenses under the Medical Expense Tax Credit to include blood coagulation monitors and their disposable peripherals;
(b) introduces a temporary measure to allow certain family members to open a Registered Disability Savings Plan for an adult individual who might not be able to enter into a contract;
(c) extends, for one year, the temporary Mineral Exploration Tax Credit for flow-through share investors;
(d) allows corporations to make split and late eligible dividend designations;
(e) makes the salary of the Governor General taxable and adjusts that salary;
(f) allows a designated partner of a partnership to provide a waiver on behalf of all partners to extend the time limit for issuing a determination in respect of the partnership;
(g) amends the penalty applicable to promoters of charitable donation tax shelters who file false registration information or who fail to register a tax shelter prior to selling interests in the tax shelter;
(h) introduces a new penalty applicable to tax shelter promoters who fail to respond to a demand to file an information return or who file an information return that contains false or misleading sales information;
(i) limits the period for which a tax shelter identification number is valid to one calendar year;
(j) modifies the rules for registering certain foreign charitable organizations as qualified donees;
(k) amends the rules for determining the extent to which a charity has engaged in political activities; and
(l) provides the Minister of National Revenue with the authority to suspend the privileges, with respect to issuing tax receipts, of a registered charity or a registered Canadian amateur athletic association if the charity or association fails to report information that is required to be filed annually in an information return or devotes resources to political activities in excess of the limits set out in the Income Tax Act.
Part 1 also implements other selected income tax measures and related measures. Most notably, it
(a) amends the Income Tax Act consequential on the implementation of the Marketing Freedom for Grain Farmers Act, including the extension of the tax deferral allowed to farmers in a designated area who produce listed grains and receive deferred cash purchase tickets to all Canadian farmers who produce listed grains and receive deferred cash purchase tickets;
(b) provides authority for the Canada Revenue Agency to issue via online notice or regular mail demands to file a return; and
(c) introduces a requirement for commercial tax preparers to file income tax returns electronically.
Part 2 amends the Excise Tax Act to implement certain excise tax and goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 29, 2012 Budget. It expands the list of GST/HST zero-rated medical and assistive devices as well as the list of GST/HST zero-rated non-prescription drugs that are used to treat life-threatening diseases. It also exempts certain pharmacists’ professional services from the GST/HST, other than prescription drug dispensing services that are already zero-rated. It further allows certain literacy organizations to claim a rebate of the GST and the federal component of the HST paid on the acquisition of books to be given away for free by those organizations. It also implements legislative requirements relating to the Government of British Columbia’s decision to exit the harmonized sales tax framework. Additional amendments to that Act and related regulations in respect of foreign-based rental vehicles temporarily imported by Canadian residents provide, in certain circumstances, relief from the GST/HST, the Green Levy on fuel-inefficient vehicles and the automobile air conditioner tax. This Part further amends that Act to ensure that changes to the standardized fuel consumption test method used for the EnerGuide, as announced on February 17, 2012 by the Minister of Natural Resources, do not affect the application of the Green Levy.
Finally, Part 2 amends the Air Travellers Security Charge Act, the Excise Act, 2001 and the Excise Tax Act to provide authority for the Canada Revenue Agency to issue via online notice or regular mail demands to file a return.
Part 3 contains certain measures related to responsible resource development.
Division 1 of Part 3 enacts the Canadian Environmental Assessment Act, 2012, which establishes a new federal environmental assessment regime. Assessments are conducted in relation to projects, designated by regulations or by the Minister of the Environment, to determine whether they are likely to cause significant adverse environmental effects that fall within the legislative authority of Parliament, or that are directly linked or necessarily incidental to a federal authority’s exercise of a power or performance of a duty or function that is required for the carrying out of the project.
The Canadian Environmental Assessment Agency, the Canadian Nuclear Safety Commission, the National Energy Board or a review panel established by the Minister are to conduct assessments within applicable time limits. At the end of an assessment, a decision statement is to be issued to the project proponent who is required to comply with the conditions set out in it.
The enactment provides for cooperation between the federal government and other jurisdictions by enabling the delegation of an environmental assessment, the substitution of the process of another jurisdiction for an environmental assessment under the Act and the exclusion of a project from the application of the Act when there is an equivalent assessment by another jurisdiction. The enactment requires that there be opportunities for public participation during an environmental assessment, that participant funding programs and a public registry be established, and that there be follow-up programs in relation to all environmental assessments. It also provides for powers of inspection and fines.
Finally, the enactment specifies that federal authorities are not to take certain measures regarding the carrying out of projects on federal lands or outside Canada unless they determine that those projects are not likely to cause significant adverse environmental effects.
This Division also makes related amendments to the Environmental Violations Administrative Monetary Penalties Act and consequential amendments to other Acts, and repeals the Canadian Environmental Assessment Act.
Division 2 of Part 3 amends the National Energy Board Act to allow the Governor in Council to make the decision about the issuance of certificates for major pipelines. It amends the Act to establish time limits for regulatory reviews under the Act and to enhance the powers of the National Energy Board Chairperson and the Minister responsible for the Act to ensure that those reviews are conducted in a timely manner. It also amends the Act to permit the National Energy Board to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters and it establishes an administrative monetary penalty system.
Division 3 of Part 3 amends the Canada Oil and Gas Operations Act to authorize the National Energy Board to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters.
Division 4 of Part 3 amends the Nuclear Safety and Control Act to extend the maximum allowable term of temporary members of the Canadian Nuclear Safety Commission from six months to three years. It is also amended to allow for a licence to be transferred with the consent of that Commission and it puts in place an administrative monetary penalty system.
Division 5 of Part 3 amends the Fisheries Act to focus that Act on the protection of fish that support commercial, recreational or Aboriginal fisheries and to more effectively manage those activities that pose the greatest threats to these fisheries. The amendments provide additional clarity for the authorization of serious harm to fish and of deposits of deleterious substances. The amendments allow the Minister to enter into agreements with provinces and with other bodies, provide for the control and management of aquatic invasive species, clarify and expand the powers of inspectors, and permit the Governor in Council to designate another Minister as the Minister responsible for the administration and enforcement of subsections 36(3) to (6) of the Fisheries Act for the purposes of, and in relation to, subject matters set out by order.
Division 6 of Part 3 amends the Canadian Environmental Protection Act, 1999 to provide the Minister of the Environment with the authority to renew disposal at sea permits in prescribed circumstances. It is also amended to change the publication requirements for disposal at sea permits and to provide authority to make regulations respecting time limits for their issuance and renewal.
Division 7 of Part 3 amends the Species at Risk Act to allow for the issuance of authorizations with a longer term, to clarify the authority to renew the authorizations and to make compliance with conditions of permits enforceable. The Act is also amended to provide authority to make regulations respecting time limits for the issuance and renewal of permits under the Act. Furthermore, section 77 is amended to ensure that the National Energy Board will be able to issue a certificate when required to do so by the Governor in Council under subsection 54(1) of the National Energy Board Act.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends a number of Acts to eliminate the requirement for the Auditor General of Canada to undertake annual financial audits of certain entities and to assess the performance reports of two agencies. This Division also eliminates other related obligations.
Division 2 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Cooperative Credit Associations Act to prohibit the issuance of life annuity-like products.
Division 3 of Part 4 provides that PPP Canada Inc. is an agent of Her Majesty for purposes limited to its mandated activities at the federal level, including the provision of advice to federal departments and Crown corporations on public-private partnership projects.
Division 4 of Part 4 amends the Northwest Territories Act, the Nunavut Act and the Yukon Act to provide the authority for the Governor in Council to set, on the recommendation of the Minister of Finance, the maximum amount of territorial borrowings and to make regulations in relation to those maximum amounts, including what constitutes borrowing, the relevant entities and the valuation of the borrowings.
Division 5 of Part 4 amends the Financial Administration Act to modify, for parent Crown corporations, the period to which their quarterly financial reports relate, so that it is aligned with their financial year, and to include in the place of certain annual tabling requirements related to the business and activities of parent Crown corporations a requirement to make public consolidated quarterly reports on their business and activities. It also amends the Alternative Fuels Act and the Public Service Employment Act to eliminate certain reporting requirements.
Division 6 of Part 4 amends the Department of Human Resources and Skills Development Act to establish the Social Security Tribunal and to add provisions authorizing the electronic administration or enforcement of programs, legislation, activities or policies. It also amends the Canada Pension Plan, the Old Age Security Act and the Employment Insurance Act so that appeals from decisions made under those Acts will be heard by the Social Security Tribunal. Finally, it provides for transitional provisions and makes consequential amendments to other Acts.
Division 7 of Part 4 amends the Department of Human Resources and Skills Development Act to add provisions relating to the protection of personal information obtained in the course of administering or enforcing the Canada Pension Plan and the Old Age Security Act and repeals provisions in the Canada Pension Plan and the Old Age Security Act that are substantially the same as those that are added to the Human Resources and Skills Development Act.
Division 8 of Part 4 amends the Department of Human Resources and Skills Development Act to add provisions relating to the social insurance registers and Social Insurance Numbers. It also amends the Canada Pension Plan in relation to Social Insurance Numbers and the Employment Insurance Act to repeal certain provisions relating to the social insurance registers and Social Insurance Numbers and to maintain the power to charge the costs of those registers to the Employment Insurance Operating Account.
Division 9 of Part 4 amends the Parks Canada Agency Act to provide that the Agency may enter into agreements with other ministers or bodies to assist in the administration and enforcement of legislation in places outside national parks, national historic sites, national marine conservation areas and other protected heritage areas if considerations of geography make it impractical for the other minister or body to administer and enforce that legislation in those places. It also amends that Act to provide that the Chief Executive Officer is to report to the Minister of the Environment under section 31 of that Act every five years. It amends that Act to remove the requirements for annual corporate plans, annual reports and annual audits, and amends that Act, the Canada National Parks Act and the Canada National Marine Conservation Areas Act to provide that that Minister is to review management plans for national parks, national historic sites, national marine conservation areas and other protected heritage areas at least every 10 years and is to have any amendments to a plan tabled in Parliament.
Division 10 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act in order to allow public sector investment pools that satisfy certain criteria, including pursuing commercial objectives, to directly invest in a Canadian financial institution, subject to approval by the Minister of Finance.
Division 11 of Part 4 amends the National Housing Act, the Canada Mortgage and Housing Corporation Act and the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act to enhance the governance and oversight framework of the Canada Mortgage and Housing Corporation.
This Division also amends the National Housing Act to establish a registry for institutions that issue covered bonds and for covered bond programs and to provide for the protection of covered bond contracts and covered bond collateral in the event of an issuer’s bankruptcy or insolvency. It also makes amendments to the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to prohibit institutions from issuing covered bonds except within the framework established under the National Housing Act. Finally, it includes a coordinating amendment to the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act.
Division 12 of Part 4 implements the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009.
Division 13 of Part 4 amends the Bretton Woods and Related Agreements Act to reflect an increase in Canada’s quota subscription, as related to the ratification of the 2010 Quota and Governance reform resolution of the Board of Governors of the International Monetary Fund, and to align the timing of the annual report under that Act to correspond to that of the annual report under the Official Development Assistance Accountability Act.
Division 14 of Part 4 amends the Canada Health Act so that members of the Royal Canadian Mounted Police are included in the definition of “insured person”.
Division 15 of Part 4 amends the Canadian Security Intelligence Service Act to
(a) remove the office of the Inspector General;
(b) require the Security Intelligence Review Committee to submit to the Minister of Public Safety and Emergency Preparedness a certificate on the Director of the Canadian Security Intelligence Service’s annual report; and
(c) increase the information on the Service’s activities to be provided by that Committee to that Minister.
Division 16 of Part 4 amends the Currency Act to clarify certain provisions that relate to the calling in and the redemption of coins.
Division 17 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act in order to implement the total transfer protection for the 2012-2013 fiscal year and to give effect to certain elements of major transfer renewal that were announced by the Minister of Finance on December 19, 2011. It also makes certain administrative amendments to that Act and to the Canada Health Act.
Division 18 of Part 4 amends the Fisheries Act to authorize the Minister of Fisheries and Oceans to allocate fish for the purpose of financing scientific and fisheries management activities in the context of joint project agreements.
Division 19 of Part 4 amends the Food and Drugs Act to give the Minister of Health the power to establish a list that sets out prescription drugs or classes of prescription drugs and to provide that the list may be incorporated by reference. It also gives the Minister the power to issue marketing authorizations that exempt a food, or an advertisement with respect to a food, from certain provisions of the Act. The division also provides that a regulation with respect to a food and a marketing authorization may incorporate by reference any document. It also makes consequential amendments to other Acts.
Division 20 of Part 4 amends the Government Employees Compensation Act to allow prescribed entities to be subrogated to the rights of employees to make claims against third parties.
Division 21 of Part 4 amends the International Development Research Centre Act to reduce the maximum number of governors of the Centre to 14, and to consequently change other rules about the number of governors.
Division 22 of Part 4 amends Part I of the Canada Labour Code to require the parties to a collective agreement to file a copy of it with the Minister of Labour, subject to the regulations, as a condition for it to come into force. It amends Part III of that Act to require employers that provide benefits to their employees under long-term disability plans to insure those plans, subject to certain exceptions. The Division also amends that Part to create an offence and to increase maximum fines for offences under that Part.
Division 23 of Part 4 repeals the Fair Wages and Hours of Labour Act.
Division 24 of Part 4 amends the Old Age Security Act to provide the Minister of Human Resources and Skills Development with the authority to waive the requirement for an application for Old Age Security benefits for many eligible seniors, to gradually increase the age of eligibility for the Old Age Security Pension, the Guaranteed Income Supplement, the Allowance and the Allowance for the Survivor and to allow individuals to voluntarily defer their Old Age Security Pension up to five years past the age of eligibility, in exchange for a higher, actuarially adjusted, pension.
Division 25 of Part 4 dissolves the Public Appointments Commission and its secretariat.
Division 26 of Part 4 amends the Seeds Act to give the President of the Canadian Food Inspection Agency the power to issue licences to persons authorizing them to perform activities related to controlling or assuring the quality of seeds or seed crops.
Division 27 of Part 4 amends the Statutory Instruments Act to remove the distribution requirements for the Canada Gazette.
Division 28 of Part 4 amends the Investment Canada Act in order to authorize the Minister of Industry to communicate or disclose certain information relating to investments and to accept security in order to promote compliance with undertakings.
Division 29 of Part 4 amends the Customs Act to allow the Minister of Public Safety and Emergency Preparedness to designate a portion of a roadway or other access way that leads to a customs office and that is used by persons arriving in Canada and by persons travelling within Canada as a mixed-traffic corridor. All persons who are travelling in a mixed-traffic corridor must present themselves to a border services officer and state whether they are arriving from a location outside or within Canada.
Division 30 of Part 4 gives retroactive effect to subsections 39(2) and (3) of the Pension Benefits Standards Act, 1985.
Division 31 of Part 4 amends the Railway Safety Act to limit the apportionment of costs to a road authority when a grant has been made under section 12 of that Act.
Division 32 of Part 4 amends the Canadian International Trade Tribunal Act to replace the two Vice-chairperson positions with two permanent member positions.
Division 33 of Part 4 repeals the International Centre for Human Rights and Democratic Development Act and authorizes the closing out of the affairs of the Centre established by that Act.
Division 34 of Part 4 amends the Health of Animals Act to allow the Minister of Agriculture and Agri-Food to declare certain areas to be control zones in respect of a disease or toxic substance. The enactment also grants the Minister certain powers, including the power to make regulations prohibiting the movement of persons, animals or things in the control zones for the purpose of eliminating a disease or toxic substance or controlling its spread and the power to impose conditions on the movement of animals or things in those zones.
Division 35 of Part 4 amends the Canada School of Public Service Act to abolish the Board of Governors of the Canada School of Public Service and to place certain responsibilities on the Minister designated for the purposes of the Act and on the President of the School.
Division 36 of Part 4 amends the Bank Act by adding a preamble to it.
Division 37 of Part 4 amends the Corrections and Conditional Release Act to eliminate the requirement of a hearing for certain reviews.
Division 38 of Part 4 amends the Coasting Trade Act to add seismic activities to the list of exceptions to the prohibition against foreign ships and non-duty paid ships engaging in the coasting trade.
Division 39 of Part 4 amends the Status of the Artist Act to dissolve the Canadian Artists and Producers Professional Relations Tribunal and transfer its powers and duties to the Canada Industrial Relations Board.
Division 40 of Part 4 amends the National Round Table on the Environment and the Economy Act to give the Round Table the power to sell or otherwise dispose of its assets and satisfy its debts and liabilities and to give the Minister of the Environment the power to direct the Round Table in respect of the exercise of some of its powers. The Division provides for the repeal of the Act and makes consequential amendments to other acts.
Division 41 of Part 4 amends the Telecommunications Act to change the rules relating to foreign ownership of Canadian carriers eligible to operate as telecommunications common carriers and to permit the recovery of costs associated with the administration and enforcement of the national do not call list.
Division 42 of Part 4 amends the Employment Equity Act to remove the requirements that are specific to the Federal Contractors Program for Employment Equity.
Division 43 of Part 4 amends the Employment Insurance Act to permit a person’s benefits to be determined by reference to their highest earnings in a given number of weeks, to permit regulations to be made respecting what constitutes suitable employment, to remove the requirement that a consent to deduction be in writing, to provide a limitation period within which certain repayments of overpayments need to be deducted and paid and to clarify the provisions respecting the refund of premiums to self-employed persons. It also amends that Act to modify the Employment Insurance premium rate-setting mechanism, including requiring that the rate be set on a seven-year break-even basis once the Employment Insurance Operating Account returns to balance. The Division makes consequential amendments to the Canada Employment Insurance Financing Board Act.
Division 44 of Part 4 amends the Customs Tariff to make certain imported fuels duty-free and to increase the travellers’ exemption thresholds.
Division 45 of Part 4 amends the Canada Marine Act to require provisions of a port authority’s letters patent relating to limits on the authority’s power to borrow money to be recommended by the Minister of Transport and the Minister of Finance before they are approved by the Governor in Council.
Division 46 of Part 4 amends the First Nations Land Management Act to implement changes made to the Framework Agreement on First Nation Land Management, including changes relating to the description of land that is to be subject to a land code, and to provide for the coming into force of land codes and the development by First Nations of environmental protection regimes.
Division 47 of Part 4 amends the Canada Travelling Exhibitions Indemnification Act to increase the maximum indemnity in respect of individual travelling exhibitions, as well as the maximum indemnity in respect of all travelling exhibitions.
Division 48 of Part 4 amends the Canadian Air Transport Security Authority Act to provide that the chief executive officer of the Authority is appointed by the Governor in Council and that an employee may not replace the chief executive officer for more than 90 days without the Governor in Council’s approval.
Division 49 of Part 4 amends the First Nations Fiscal and Statistical Management Act to repeal provisions related to the First Nations Statistical Institute and amends that Act and other Acts to remove any reference to that Institute. It authorizes the Minister of Indian Affairs and Northern Development to close out the Institute’s affairs.
Division 50 of Part 4 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to provide for the payment or reimbursement of fees for career transition services for veterans or their survivors.
Division 51 of Part 4 amends the Department of Human Resources and Skills Development Act to add powers, duties and functions that are substantially the same as those conferred by the Department of Social Development Act. It repeals the Department of Social Development Act and, in doing so, eliminates the National Council of Welfare.
Division 52 of Part 4 amends the Wage Earner Protection Program Act in order to correct the English version of the definition “eligible wages”.
Division 53 of Part 4 repeals the Kyoto Protocol Implementation Act.
Division 54 of Part 4 amends the Immigration and Refugee Protection Act and the Budget Implementation Act, 2008 to provide for the termination of certain applications for permanent residence that were made before February 27, 2008. This Division also amends the Immigration and Refugee Protection Act to, among other things, authorize the Minister of Citizenship and Immigration to give instructions establishing and governing classes of permanent residents as part of the economic class and to provide that the User Fees Act does not apply in respect of fees set by those instructions. Furthermore, this Division amends the Immigration and Refugee Protection Act to allow for the retrospective application of certain regulations and certain instructions given by the Minister, if those regulations and instructions so provide, and to authorize regulations to be made respecting requirements imposed on employers in relation to authorizations to work in Canada.
Division 55 of Part 4 enacts the Shared Services Canada Act to establish Shared Services Canada to provide certain administrative services specified by the Governor in Council. The Act provides for the Governor in Council to designate a minister to preside over Shared Services Canada.
Division 56 of Part 4 amends the Assisted Human Reproduction Act to respond to the Supreme Court of Canada decision in Reference re Assisted Human Reproduction Act that was rendered in 2010, including by repealing the provisions that were found to be unconstitutional and abolishing the Assisted Human Reproduction Agency of Canada.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-38s:
Marc Garneau Liberal Westmount—Ville-Marie, QC
moved:
Motion No. 24
That Bill C-38 be amended by deleting Clause 52.
Elizabeth May Green Saanich—Gulf Islands, BC
, seconded by the member for Etobicoke North, moved:
Motion No. 25
That Bill C-38, in Clause 52, be amended by adding after line 8 on page 31 the following:
“Whereas the Government of Canada seeks to achieve sustainable development by conserving and enhancing environmental quality and by encouraging and promoting economic development that conserves and enhances environmental quality;
Whereas environmental assessment provides an effective means of integrating environmental factors into planning and decision-making processes in a manner that promotes sustainable development;
Whereas the Government of Canada is committed to exercising leadership, within Canada and internationally, in anticipating and preventing the degradation of environmental quality and, at the same time, in ensuring that economic development is compatible with the high value Canadians place on environmental quality;
Whereas the Government of Canada seeks to avoid duplication or unnecessary delays;
And whereas the Government of Canada is committed to facilitating public participation in the environmental assessment of projects to be carried out by or with the approval or assistance of the Government of Canada and to providing access to the information on which those environmental assessments are based;”
Motion No. 26
That Bill C-38, in Clause 52, be amended by adding after line 22 on page 31 the following:
““comprehensive study” means an environmental assessment of a designated project that is conducted under section 12, and that includes a consideration of the factors required to be considered under section 19.”
Motion No. 28
That Bill C-38, in Clause 52, be amended by replacing lines 14 to 17 on page 32 with the following:
““environmental assessment” means, in respect of a project, an assessment of the environmental effects of the project that is conducted in accordance with this Act and the regulations.”
Motion No. 30
That Bill C-38, in Clause 52, be amended by replacing line 32 on page 33 with the following:
“mental assessment of a project;”
Motion No. 31
That Bill C-38, in Clause 52, be amended by replacing line 36 on page 33 with the following:
““interested party”, with respect to a”
Motion No. 32
That Bill C-38, in Clause 52, be amended by replacing line 5 on page 34 with the following:
“project;”
Motion No. 33
That Bill C-38, in Clause 52, be amended by replacing line 11 on page 34 with the following:
“tal effects of a project;”
Motion No. 34
That Bill C-38, in Clause 52, be amended by replacing line 17 on page 34 with the following:
“project;”
Motion No. 35
That Bill C-38, in Clause 52, be amended by replacing line 22 on page 34 with the following:
“environmental effects of a project;”
Motion No. 36
That Bill C-38, in Clause 52, be amended by replacing line 32 on page 34 with the following:
“environmental effects of a project,”
Motion No. 37
That Bill C-38, in Clause 52, be amended by replacing line 44 on page 34 with the following:
“carrying out of a project.”
Motion No. 38
That Bill C-38, in Clause 52, be amended by replacing lines 12 and 13 on page 35 with the following:
“is referred to in section 16 with respect to a project that is subject to an environ-”
Motion No. 40
That Bill C-38, in Clause 52, be amended by replacing line 25 on page 35 with the following:
“with respect to a project, that a”
Motion No. 41
That Bill C-38, in Clause 52, be amended by replacing lines 25 to 29 on page 35 with the following:
“with respect to a project, that a group or individual is an interested party if, in its opinion, the group or individual, including those who use adjacent land for recreational, cultural or hunting purposes, is directly — or could potentially be indirectly — affected by the carrying out of the project, or if, in its opinion, the group or individual has relevant information or expertise:”
Motion No. 42
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 30 on page 35 with the following:
“(a) in the case of a project for”
Motion No. 43
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 34 on page 35 with the following:
“(b) in the case of a project in”
Motion No. 44
That Bill C-38, in Clause 52, be amended by replacing lines 1 to 5 on page 36 with the following:
“(a) to protect the environment from any significant adverse environmental effects caused by a project;”
Motion No. 45
That Bill C-38, in Clause 52, be amended by deleting lines 6 to 13 on page 36.
Motion No. 46
That Bill C-38, in Clause 52, be amended by replacing line 17 on page 36 with the following:
“assessments processes for projects;”
Motion No. 47
That Bill C-38, in Clause 52, be amended by replacing lines 18 to 20 on page 36 with the following:
“(d) to promote communication, cooperation and consensus between responsible authorities and, fully respecting the fiduciary duties of the Crown and the inherent rights of aboriginal peoples, aboriginal peoples with respect to environmental assessments;”
Motion No. 48
That Bill C-38, in Clause 52, be amended by replacing lines 22 and 23 on page 36 with the following:
“for timely and meaningful public participation during an environmental assessment process;”
Motion No. 49
That Bill C-38, in Clause 52, be amended by replacing lines 28 to 33 on page 36 with the following:
“federal lands in Canada, or those that are outside Canada and that are to be carried out or financially supported by a federal authority, are considered in a careful and precautionary manner to ensure that such projects do not cause significant adverse environmental effects;”
Motion No. 50
That Bill C-38, in Clause 52, be amended by replacing line 34 on page 36 with the following:
“(h) to ensure that federal authorities take”
Motion No. 51
That Bill C-38, in Clause 52, be amended by replacing lines 38 to 41 on page 36 with the following:
“(i) to ensure that federal authorities possess sufficient regulatory power, and oversight and monitoring capacity, to study and respond to the cumulative environmental effects of physical activities in a region and to guarantee the inclusion and consideration of those study results in environmental assessments.”
Motion No. 52
That Bill C-38, in Clause 52, be amended by replacing line 8 on page 37 to line 27 on page 38 with the following:
“environmental effects—within or outside Canada—that are to be taken into account in relation to an act or thing, a physical activity, a designated project or a project are
(a) any impact that may be caused on biological, ecological, hydrological or chemical systems or other systems of the environment, including any change that may be caused to a listed wildlife species, its critical habitat or the residences of individuals of that species, as those terms are defined in subsection 2(1) of the Species at Risk Act;
(b) any effect of any change referred to in paragraph (a) on
(i) health and socio-economic conditions,
(ii) physical and cultural heritage,
(iii) the current use of lands and resources for traditional purposes by aboriginal persons, or
(iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance; and
(c) any change to the project that may be caused by the environment.”
Motion No. 53
That Bill C-38, in Clause 52, be amended by replacing line 28 on page 38 to line 9 on page 39 with the following:
“6. The proponent of a project that is required to undergo an environmental assessment under this Act must not do any act or thing in connection with the carrying out of the project, in whole or in part, if that act or thing may cause an environmental effect referred to in subsection 5(1) unless the proponent complies with the conditions included in the decision statement that is issued to the proponent under subsection 31(3) or section 54 with respect to that project.”
Motion No. 54
That Bill C-38, in Clause 52, be amended by replacing lines 13 to 24 on page 39 with the following:
“than this Act that would permit a project that is required to undergo an environmental assessment under this Act to be carried out in whole or in part unless the decision statement with respect to the project that is issued under subsection 31(3) or section 54 to the proponent of the project indicates that the project is not likely to cause”
Motion No. 62
That Bill C-38, in Clause 52, be amended by deleting lines 9 to 20 on page 43.
Motion No. 63
That Bill C-38, in Clause 52, be amended by deleting lines 6 to 8 on page 45.
Motion No. 64
That Bill C-38, in Clause 52, be amended by replacing lines 10 and 11 on page 45 with the following:
“project if it is referred to a review panel under section 38.”
Jobs, Growth and Long-term Prosperity ActGovernment Orders
Mauril Bélanger Liberal Ottawa—Vanier, ON
Madam Speaker, could you please read the number of the motion when you start to read it, so that we can keep track of where we are?
Jobs, Growth and Long-term Prosperity ActGovernment Orders
The Deputy Speaker Denise Savoie
Yes, absolutely. If I do not do that, it is a mistake. I will try to do that every time. I thank the hon. member.
Elizabeth May Green Saanich—Gulf Islands, BC
, seconded by the member for Etobicoke North, moved:
Motion No. 65
Motion no 65
That Bill C-38, in Clause 52, be amended by replacing lines 13 to 17 on page 45 with the following:
“a project must ensure that
(a) a screening or comprehensive study of the project is conducted;
(b) a report is prepared with respect to that screening or comprehensive study; and
(c) where applicable, a follow-up program is designed and implemented.”
Motion no 66
That Bill C-38, in Clause 52, be amended by replacing lines 20 to 22 on page 45 with the following:
“project and preparing the report with respect to the environmental assessment of the project, use any information that is”
Motion no 67
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 29 on page 45 with the following:
“environmental assessment of the”
Motion no 68
That Bill C-38, in Clause 52, be amended by replacing lines 6 to 9 on page 46 with the following:
“25. (1) The responsible authority must ensure that a draft report with respect to the environmental assessment of a project is prepared, and must ensure”
Motion no 69
That Bill C-38, in Clause 52, be amended by replacing lines 18 to 20 on page 46 with the following:
“received from the public, the responsible authority must finalize the report with respect to the environmental assessment of the project and”
Motion no 70
That Bill C-38, in Clause 52, be amended
(a) by replacing line 23 on page 46 with the following:
“spect to a project may delegate to”
(b) by replacing lines 28 to 30 on page 46 with the following:
“project, the preparation of the report with respect to the environmental assessment of the project and any part of the design and implementation of a follow-up program, but must not”
Motion no 72
That Bill C-38, in Clause 52, be amended by replacing line 1 on page 47 with the following:
“(2) The decisions must be made”
Motion no 74
That Bill C-38, in Clause 52, be amended by replacing lines 20 to 27 on page 47 with the following:
“(6) If, under subsection 23(2), the responsible authority requires the proponent of a project to collect information or undertake a study with respect to the project, then the period that is taken by the proponent, in the responsible authority’s opinion, to comply with the requirement is not included in the calculation of the time limit within which the decisions must be”
Motion no 76
That Bill C-38, in Clause 52, be amended by deleting line 34 on page 47 to line 6 on page 51.
Motion no 77
That Bill C-38, in Clause 52, be amended
(a) by replacing lines 22 and 23 on page 51 with the following:
“assessing the environmental effects of projects that is followed by any jurisdic-”
(b) by replacing, in the English version, line 28 on page 51 with the following:
“project would be an appropriate”
Motion no 78
That Bill C-38, in Clause 52, be amended by replacing lines 33 and 34 on page 51 with the following:
“be given in respect of a project or a class of projects.”
Motion no 79
That Bill C-38, in Clause 52, be amended by replacing lines 39 to 43 on page 51 with the following:
“project in relation to which the environmental assessment has been referred”
Motion no 80
That Bill C-38, in Clause 52, be amended by replacing lines 6 and 7 on page 52 with the following:
“(b) the public will be given meaningful opportunities to participate in the assessment that are at least as extensive as those required in relation to an environmental assessment carried out under this Act;”
Motion no 81
That Bill C-38, in Clause 52, be amended by adding after line 10 on page 52 the following:
“(c.1) the process to be substituted provides for community knowledge and Aboriginal traditional knowledge to be taken into account;”
Motion no 82
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 33 on page 52 with the following:
“project that is received by the”
Motion no 84
That Bill C-38, in Clause 52, be amended by deleting line 39 on page 52 to line 25 on page 53.
Motion no 86
That Bill C-38, in Clause 52, be amended
(a) by replacing line 35 on page 53 with the following:
“assessment of the project to a review”
(b) by replacing, in the English version, line 38 on page 53 with the following:
“(a) whether the project may cause”
(c) by replacing, in the English version, lines 2 and 3 on page 54 with the following:
“adverse environmental effects that the project may cause; and”
(d) by replacing, in the English version, line 7 on page 54 with the following:
“environmental effects of the”
Motion no 87
That Bill C-38, in Clause 52, be amended
(a) by replacing, in the English version, line 10 on page 54 with the following:
“assessment of the project to a review”
(b) by replacing, in the English version, line 18 on page 54 with the following:
“of the project to the Minister; and”
(c) by replacing, in the English version, line 22 on page 54 with the following:
“project.”
Motion no 88
That Bill C-38, in Clause 52, be amended
(a) by replacing, in the English version, line 28 on page 54 with the following:
“project to a review panel, and a”
(b) by replacing, in the English version, line 30 on page 54 with the following:
“establishes in relation to the project”
Motion no 89
That Bill C-38, in Clause 52, be amended by deleting lines 33 to 36 on page 54.
Motion no 90
That Bill C-38, in Clause 52, be amended
(a) by replacing line 38 on page 54 with the following:
“mental assessment of a project to a”
(b) by replacing, in the English version, line 42 on page 54 with the following:
“require the proponent of the project”
Motion no 91
That Bill C-38, in Clause 52, be amended
(a) by replacing line 5 on page 55 with the following:
“ronmental assessment of a project to”
(b) by replacing, in the English version, line 12 on page 55 with the following:
“of the project, respecting the joint”
(c) by replacing, in the English version, line 15 on page 55 with the following:
“project is to be conducted by that”
Motion no 92
That Bill C-38, in Clause 52, be amended
(a) by replacing line 18 on page 55 with the following:
“mental assessment of a project to a”
(b) by replacing, in the English version, line 26 on page 55 with the following:
“project, respecting the joint establish-”
(c) by replacing, in the English version, line 28 on page 55 with the following:
“the environmental assessment of the”
Motion no 93
That Bill C-38, in Clause 52, be amended
(a) by replacing line 30 on page 56 with the following:
“environmental assessment of a”
(b) by replacing, in the English version, line 35 on page 56 with the following:
“conflict of interest relative to the”
Motion no 94
That Bill C-38, in Clause 52, be amended by replacing line 44 on page 56 with the following:
“environmental assessment of the”
Motion no 95
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 7 on page 57 with the following:
“project and may, at any time,”
Motion no 96
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 17 on page 57 with the following:
“interest relative to the project”
Motion no 97
That Bill C-38, in Clause 52, be amended by replacing line 29 on page 57 with the following:
“the project;”
Motion no 98
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 15 on page 58 with the following:
“project to the Minister and may, at”
Motion no 99
That Bill C-38, in Clause 52, be amended
(a) by replacing lines 19 and 20 on page 58 with the following:
“ing the environmental assessment of a project and preparing the report with”
(b) by replacing, in the English version, line 22 on page 58 with the following:
“project, use any information that is”
Motion no 100
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 29 on page 58 with the following:
“ment of the project, it may require”
Motion no 101
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 41 on page 58 with the following:
“environmental assessment of the”
Motion no 102
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 41 on page 59 with the following:
“environmental assessment of the”
Motion no 103
That Bill C-38, in Clause 52, be amended by replacing line 7 on page 60 with the following:
“proponent of the project to collect”
Motion no 104
That Bill C-38, in Clause 52, be amended by replacing lines 14 and 15 on page 60 with the following:
“a project to collect information or undertake a study with respect to the”
Motion no 105
That Bill C-38, in Clause 52, be amended by replacing line 33 on page 60 with the following:
“49. (1) The Minister may terminate the”
Motion no 106
That Bill C-38, in Clause 52, be amended by replacing line 34 on page 60 with the following:
“assessment by a review panel of a”
Motion no 107
That Bill C-38, in Clause 52, be amended by replacing line 39 on page 60 with the following:
“ment by a review panel of a project if”
Motion no 108
That Bill C-38, in Clause 52, be amended
(a) by replacing line 21 on page 61 with the following:
“of a project is terminated under”
(b) by replacing, in the English version, line 24 on page 61 with the following:
“the environmental assessment of the”
Motion no 109
That Bill C-38, in Clause 52, be amended by replacing line 29 on page 61 with the following:
“assessment of the project that was”
Motion no 110
That Bill C-38, in Clause 52, be amended by replacing line 37 on page 61 with the following:
“appropriate, the project”
Motion no 111
That Bill C-38, in Clause 52, be amended by deleting lines 41 to 43 on page 61.
Motion no 112
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 2 on page 62 with the following:
“project is likely to cause significant”
Motion no 113
That Bill C-38, in Clause 52, be amended by replacing line 4 on page 62 with the following:
“section 5, the decision maker must”
Motion no 114
That Bill C-38, in Clause 52, be amended by deleting lines 8 to 12 on page 62.
Motion no 115
That Bill C-38, in Clause 52, be amended
(a) by replacing, in the English version, line 17 on page 62 with the following:
“effects that the project is likely to”
(b) by replacing, in the English version, line 20 on page 62 with the following:
“effects that the project is likely to”
Motion no 116
That Bill C-38, in Clause 52, be amended
(a) by replacing line 23 on page 62 with the following:
“subsection 52(1) that the project is”
(b) by replacing, in the English version, line 29 on page 62 with the following:
“tion that the project is likely to cause”
(c) by replacing, in the English version, line 34 on page 62 with the following:
“project must comply.”
Motion no 117
That Bill C-38, in Clause 52, be amended
(a) by replacing line 36 on page 62 with the following:
“subsection 52(1) that the project”
(b) by replacing, in the English version, line 2 on page 63 with the following:
“permit a project to be carried out,”
(c) by replacing, in the English version, line 5 on page 63 with the following:
“tion with which the proponent of the”
Motion no 118
That Bill C-38, in Clause 52, be amended by replacing line 21 on page 63 with the following:
“project that”
Motion no 119
That Bill C-38, in Clause 52, be amended
(a) by replacing, in the English version, line 22 on page 63 with the following:
“(a) informs the proponent of the”
(b) by replacing, in the English version, line 25 on page 63 with the following:
“project and, if a matter was”
(c) by replacing, in the English version, line 28 on page 63 with the following:
“relation to the project; and”
Motion no 120
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 31 on page 63 with the following:
“project and that must be complied”
Motion no 121
That Bill C-38, in Clause 52, be amended
(a) by replacing lines 34 and 35 on page 63 with the following:
“decision under subsection 52(1) in relation to the project for the purpose”
(b) by replacing, in the English version, line 39 on page 63 with the following:
“of the project was referred to a”
Motion no 122
That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 1 on page 64 with the following:
“the environmental assessment of the”
Motion no 123
That Bill C-38, in Clause 52, be amended by replacing, in the English version, lines 13 and 14 on page 64 with the following:
“the project to collect information or undertake a study with respect to the”
Motion no 124
That Bill C-38, in Clause 52, be amended by replacing lines 28 and 29 on page 64 with the following:
“55. The responsible authority must ensure that”
Motion no 125
That Bill C-38, in Clause 52, be amended by replacing lines 36 and 37 on page 64 with the following:
“tion to a project is”
Motion no 126
That Bill C-38, in Clause 52, be amended
(a) by replacing lines 2 and 3 on page 65 with the following:
“a project is considered to”
(b) by replacing, in the English version, line 9 on page 65 with the following:
“project; or”
(c) by replacing, in the English version, line 13 on page 65 with the following:
“relation to the project.”
“relation to the project.”
Mauril Bélanger Liberal Ottawa—Vanier, ON
Madam Speaker, could you confirm whether you forgot to read item (c) of Motion No. 116?
Jobs, Growth and Long-term Prosperity ActGovernment Orders
The Deputy Speaker Denise Savoie
In case I did forget, I will read it or re-read it:
(c) by replacing, in the English version, line 34 on page 62 with the following:
“project must comply.”
Marc Garneau Liberal Westmount—Ville-Marie, QC
moved:
Motion No. 127
That Bill C-38 be amended by deleting Clause 53.
Motion No. 128
That Bill C-38 be amended by deleting Clause 54.
Motion No. 129
That Bill C-38 be amended by deleting Clause 55.
Motion No. 130
That Bill C-38 be amended by deleting Clause 56.
Motion No. 131
That Bill C-38 be amended by deleting Clause 57.
Motion No. 132
That Bill C-38 be amended by deleting Clause 58.
Motion No. 133
That Bill C-38 be amended by deleting Clause 59.
Motion No.134
That Bill C-38 be amended by deleting Clause 60.
Motion No. 135
That Bill C-38 be amended by deleting Clause 61.
Motion No. 136
That Bill C-38 be amended by deleting Clause 62.
Motion No. 137
That Bill C-38 be amended by deleting Clause 63.
Motion No. 138
That Bill C-38 be amended by deleting Clause 64.
Motion No. 139
That Bill C-38 be amended by deleting Clause 65.
Motion No. 140
That Bill C-38 be amended by deleting Clause 66.
Motion No. 141
That Bill C-38 be amended by deleting Clause 67.
Elizabeth May Green Saanich—Gulf Islands, BC
, seconded by the member for Etobicoke North, moved:
Motion No. 142
That Bill C-38, in Clause 67, be amended by replacing lines 20 and 21 on page 98 with the following:
“force on April 30, 2016.”
Marc Garneau Liberal Westmount—Ville-Marie, QC
moved:
Motion No. 143
That Bill C-38 be amended by deleting Clause 68.
Motion No. 144
That Bill C-38 be amended by deleting Clause 69.
Motion No. 145
That Bill C-38 be amended by deleting Clause 70.
Motion No. 146
That Bill C-38 be amended by deleting Clause 71.
Elizabeth May Green Saanich—Gulf Islands, BC
, seconded by the member for Etobicoke North, moved:
Motion No. 147
That Bill C-38, in Clause 71, be amended by replacing line 25 on page 99 with the following:
“an application, the Chairperson may propose a motion to put in place a”
Motion No. 148
That Bill C-38, in Clause 71, be amended by replacing line 42 on page 99 with the following:
“authorized to deal with the application if a motion for such a representative action is carried by vote of the members of the Board.”
Marc Garneau Liberal Westmount—Ville-Marie, QC
moved:
Motion No. 149
That Bill C-38 be amended by deleting Clause 72.
Elizabeth May Green Saanich—Gulf Islands, BC
, seconded by the member for Etobicoke North, moved:
Motion No. 150
That Bill C-38, in Clause 72, be amended by replacing lines 34 to 40 on page 100 with the following:
“(2.1) For greater certainty, if the number of members authorized to deal with an application as a result of any measure taken by the Chairperson under subsection 6(2.2) is less than three, the Board shall elect a third member to satisfy the quorum requirements established under subsection (2).”
Marc Garneau Liberal Westmount—Ville-Marie, QC
moved:
Motion No. 151
That Bill C-38 be amended by deleting Clause 73.
Motion No. 152
That Bill C-38 be amended by deleting Clause 74.
Motion No. 153
That Bill C-38 be amended by deleting Clause 75.