Jobs, Growth and Long-term Prosperity Act

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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 8:10 p.m.


See context

Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, I am grateful for the chance to rise today in Parliament against opposition attempts to delay and defeat Bill C-38, the jobs, growth and long-term prosperity act.

Today's act includes significant and critical measures that form economic action plan 2012 to support Canada's economy and help fuel job creation, a budget that has been public and in debate since March, for over four months. Since March, today's act has received numerous and record-breaking amounts of debate, including the longest amount of debate at second reading and the most amount of time for committee consideration in over two decades when compared to other budget implementation bills.

Clearly, economic action plan 2012 is an extremely important document, and Bill C-38 is equally important. It is vital to the continued strength of the Canadian economy. I would really hope that opposition members would be less concerned about partisan procedural games to delay and defeat Bill C-38. Instead, I call on them to join our Conservative government and focus on helping create jobs, economic growth and long-term prosperity. That is what matters to Canadians and their families. I am happy to report that we are getting real results to improve Canada's economy and job market.

Canada has the longest record of job growth in the entire G7 in recent years, with nearly 760,000 net new jobs created since July 2009, 90% full time and more than 80% in the private sector.

However, we cannot be complacent. The global economy remains extremely fragile and challenges remain, as we see in ongoing events in places like Greece and Spain. Such global challenges can ultimately impact Canada as we are not immune. For that reason, we are committed to the rapid implementation of economic action plan 2012. Our Conservative government, like many people across this country, is deeply disappointed with the NDP and other opposition parties that are trying to delay and defeat such key measures to support Canada's economy.

I want to read from a recent Toronto Sun editorial to illustrate that point, and I will quote at length as my colleague did earlier:

As Europe stands poised on the brink of a disastrous economic wildfire that could blacken the world, NDP leader's...self-obsession is in full flame.... vowing to delay the passing of that very same budget...by playing silly bugger with amendments and procedure.... This is nothing but grandstanding.... This is a budget designed to create jobs and inspire economic growth, and it comes to the House of Commons at a moment that can only be described as the 11th hour of a global economic conflagration.... Right now, there is only one enemy in our fight to protect Canada from the repercussions of Europe's burning. And it's [the NDP leader].... This is inarguable.

I completely agree.

By focusing on growth and job creation, the new measures in economic action plan 2012 will also solidify, strengthen and draw upon the role of entrepreneurs as the driving force behind Canada's economy. For example, the government is committed to ensuring that Canadians fully benefit from the economic opportunities associated with our natural resources, while protecting the environment.

We know that the existing system needs comprehensive reform. Today, Canadian businesses in the resource sector must navigate a maze of overlapping and complex regulatory requirements. This can discourage potential new investors and undermine the economic viability of major projects while providing no additional benefit to the environment.

This is wrong, which is why we have worked since 2006 to streamline and improve regulatory processes. However, more needs to be done. Economic action plan 2012 responds to this need by introducing system-wide legislative improvements to streamline the review process for major economic projects.

We will reform the regulatory system so that reviews are conducted in a timely and transparent manner while safeguarding the environment. Today's bill includes a number of initiatives to meet this objective. For example, today's legislation would establish a new federal environmental assessment regime that would consolidate responsibility for assessments from more than 40 departments and agencies to 3 responsible authorities, the Canadian Environmental Assessment Agency, the Canadian Nuclear Safety Commission and the National Energy Board.

The legislation would also set timelines for environmental assessments and provide for greater co-operation between jurisdictions. For example, the bill would amend the National Energy Board Act to establish time limits for regulatory reviews under the act and would enhance the powers of the chair and the responsible minister to ensure that those reviews are conducted in a timely manner.

The government's position on the environment is very clear. We can achieve our economic priorities while continuing to protect the environment. For example, economic action plan 2012 proposes $13.5 million over two years to the National Energy Board to increase the number of inspections of oil and gas pipelines from about 100 to 150 inspections per year and double from 3 to 6 the number of annual comprehensive audits to identify issues before incidents occur. We must be vigilant in guarding our spectacular natural treasures and we must preserve them so we can pass them down to future generations. That is why protecting Canada's environment and the health of Canadians will remain a key government priority.

Other key measures in today's act deal with the housing market, amendments to improve oversight of Canada Mortgage and Housing Corporation, or CMHC. As we work toward getting our own government house in order, we continue to be mindful of other parts of the economy in need of careful stewardship. There is no doubt that housing has been top of mind for many Canadian families, and just as the government's management must be done with long-term objectives in mind, so too must the housing market be approached with a responsible, measured and long-term view so that it remains strong and stable over time.

In order to protect our housing market from excesses seen in other economies and to support the long-term stability of our housing market, our government has acted three times to adjust the rules for government-backed insured mortgages. These adjustments include requiring a minimum down payment of 5% for owner-occupied properties and 20% on speculative properties, reducing the maximum amortization period to 30 years from 35 years for mortgages with loan-to-value ratios of more than 80% and lowering the maximum amount Canadians can borrow in refinancing a mortgage to 85% from 95% of the value of their homes. We also withdrew government insurance from backing home equity lines of credit. In short, we discouraged some Canadians from using their homes as automatic bank machines and encouraged them to use their homes as saving vehicles.

Today's proposed legislation amendments are part of the government's continuous effort to strengthen the housing finance system. These amendments would strengthen the governance and oversight of CMHC and ensure that the corporation's commercial activities are managed in a manner that promotes the stability of the financial system. These enhancements include the additional objectives for CMHC to ensure its commercial activities promote and contribute to the stability of the financial system, including the housing market; legislative and regulatory authorities for the Minister of Finance in respect to CMHC's securitization programs; authorities for the superintendent to review and monitor the safety and soundness of CMHC's commercial activities and report to CMHC's board of directors and to the ministers of finance and HRSDC; and the addition of the deputy minister of human resources and skills development and the deputy minister of finance to CMHC's board of directors as ex officio members.

We will continue to act when necessary to support the long-term stability of Canada's housing markets and encourage savings through home ownership. For all these reasons, I encourage Canadians and the opposition to support Bill C-38 and help us get this bill passed today.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 8:10 p.m.


See context

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I would like to thank the hon. member for Hamilton East—Stoney Creek for his speech. I really liked his comments about the democratic problem with Bill C-38.

We are basically telling a majority of Canadians, millions and millions of Canadians, that they have exercised their right to vote, but that their representatives do not have the right to represent them; that they cannot represent them. They are being denied their right to speak and their right to vote.

Could the hon. member expand on this democratic deficit?

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:55 p.m.


See context

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, Bill C-38 is the jobs, growth and long-term prosperity act. Much of Canada now knows that Bill C-38 goes well beyond tax and monetary measures to make major changes in dozens of policy areas, including the environment, natural resources and human resources. The previous speaker talked about being best positioned, that his party received 39% of the vote in the last election, which indeed gave it a majority. However, the Conservatives never once told people they would change EI. They never talked to the Canadian people in that election about changing the fisheries or environment acts.

Recently, the NDP, throughout the finance committee hearings, were clear that we believed that parliamentarians should not be asked to vote on legislation that granted cabinet power to make far-reaching regulatory changes as granted through Bill C-38.

Canadians now also realize that Bill C-38 has well over 400-plus pages. However, I also want everybody who happens to be at home watching tonight to understand that this is just the beginning. There will be another budget bill in the fall with further changes.

Our concerns, and those of many Canadians, go along these lines.

I would state quite categorically that the overhaul to the Environment Assessment Act does not belong in a budget bill. The government wants a one project, one review environmental assessment system, so it is repealing the Canadian Environmental Assessment Act that Canadians have known for many generations and replacing it with an environmental assessment act 2012.

The official opposition contends that this type of decision does not belong with the finance committee. The finance committee does not have the expertise, nor the time to bring before it the people required to complete a proper view. Bill C-38 sets out time limits for the completion of reviews and the minister will have the power to shut down a review panel if he thinks it will not finish on time. Before it can finish on time, it has to do a proper assessment for the benefit and protection of Canadians. That type of decision needs due diligence supplied by comprehensive reviews by experts, not by a minister, and certainly not five-minute rounds of questions in the finance committee.

Bill C-38 contains changes to employment insurance that are particularly concerning to maritimers. We all understand and know very well that our friends on the east coast have a different lifestyle. Our friends on the east coast are subject to the whims of part-time employment.

How does studying the proposed new EI definition, a suitable work, belong with the finance committee? It does not. It clearly belongs before the human resources committee. Bill C-38 would remove the definitions of suitable work from the Employment Insurance Act and would give the federal cabinet the power to create new regulations about what constituted suitable work and reasonable efforts to find that work. This budget bill, Bill C-38, gives no details on what the new criteria will be.

I will move to another section of Bill C-38.

How does the decision on removing the oversight of the Auditor General belong here? The Auditor General will no longer be required to annually audit several agencies: the Social Sciences and Humanities Research Council, the Natural Sciences and Engineering Research Council, the Northern Pipeline Agency and the Canada Polar Commission. These agencies will now submit annual financial reports to the minister or ministers instead. How does putting these foxes in charge of the henhouse do anything for jobs and prosperity?

Bill C-38, with the swipe of a pen, would eliminate tens of thousands of backlogged immigration applications. Among the amendments to the Immigration and Refugee Protection Act is a move to wipe out the backlog of 280,000 applications under the federal skilled worker program.

These are people who placed their faith in Canada. They could have applied to other countries that needed their skills. These are skilled individuals. They made applications to become Canadian citizens because they trusted Canada. They were told that we needed their skills. We hear it in this House regularly how we need skills, but now those who applied before 2008 would have their applications deleted and refunded. The hopes and dreams of these qualified potential new citizens with skills that Canada needs would be set aside by a budget bill. This issue clearly belongs in a committee other than finance.

These changes would not only destroy the dreams of people who trusted Canada, but imagine what would happen to Canada's once trusted reputation in these countries. How in the world can the government justify doing this within a budget bill, with the claim that it would improve our prosperity?

One of the more ludicrous parts of Bill C-38, which one of the previous speakers mentioned, is how the Fisheries Act changes came before the finance committee. Even if we have concerns, and I trust the word of members on the other side when they say they have concerns with the Fisheries Act, the finance committee is not the place to turn to.

I happen to be the NDP human rights critic for international affairs. I shook my head with dismay when I read that Bill C-38, the budget bill, would scrap the office of the Inspector General of the Canadian Security Intelligence Service. We have good people in our police services and we have good people in CSIS, but this office is meant to be the public safety minister's eyes and ears overseeing CSIS. In my opinion, in the shadowy world of CSIS, it is critical to have civilian oversight.

Bill C-38 would shut down several government-funded groups and agencies, such as the National Council of Welfare, the Public Appointments Commission, Rights & Democracy, the National Round Table on the Environment and the Economy, the Canadian Artists and Producers Professional Relations Tribunal, and Assisted Human Reproduction Canada.

Bill C-38 would create a new social security tribunal to hear appeals of decisions made under the Old Age Security Act, the Employment Insurance Act and other benefit programs. The bill would create a new Shared Services Canada department. We had people who were part of tribunals looking into the situation of appeals for people on Employment Insurance. They were experts and had jurisprudence in that area. Now that would be done away with and these same people would be lumped in. These are good people who have worked hard for us. I have no doubt that some of them would apply, but it would be housing too much responsibility for too broad a front with too few people.

Bill C-38 would change the age of accessing OAS from 65 to 67. I will not say very much about that because I have spoken in this place many times on it. I will simply say that the Parliamentary Budget Officer and the OECD pension review team said it was sustainable. There is a clear disagreement.

Government members will say that this is not the longest budget bill in history. That is true. They will say that it is receiving hours of debate. That is also true. However, what they do not say is that the changes I have outlined and others should have been before a number of different committees of Parliament.

My rights as a member of Parliament have been pushed aside and the rights of every member on both sides of this House have been pushed aside by the bill. We are not able, nor allowed, to do the due diligence necessary to protect the rights of Canadians. In my opinion, when Canadians look at the bill and see what it actually is, they will see that the better name for the bill is the “eliminating transparency and settling old scores act”.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:50 p.m.


See context

Conservative

Andrew Saxton Conservative North Vancouver, BC

Mr. Speaker, I believe there were two questions from the hon. member.

The answer to the first question, where the member talked about not having enough time to debate this bill, I would like to remind him that we have debated the bill for nearly six weeks. The bill was also referred to the finance committee, where it was further reviewed. The finance committee spent up to 50 hours studying Bill C-38. The subcommittee, studying part 3, spent an additional 18 hours hearing from witnesses.

I can tell the member opposite that in fact we have spent more time debating this bill than any other budget bill in the last 20 years.

With regard to the member's question about the Fisheries Act, under the current Fisheries Act all waterways are treated the same, as he knows. For example, man-made irrigation and drainage ditches in a field are treated the same as the Great Lakes. That does not make much sense. As farmers or municipalities will tell us from their experience, this rule discriminates against them.

Our changes focus protection rules on real and significant threats to fisheries and their habitat that supports them, while setting clear standards and guidelines for routine projects. We are focusing on Canada's fisheries, not on the farmers' fields and culverts.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:50 p.m.


See context

NDP

Fin Donnelly NDP New Westminster—Coquitlam, BC

Mr. Speaker, I appreciate the member's comments, but I would categorize this bill as one of the most undemocratic bills in Canadian history, with the grouping of almost 70 laws that will be changed in one fell swoop.

The member highlighted a number of things, including the penny. However, I will ask about one issue that will be grouped in among the 70 pieces of legislation, the Fisheries Act, and the sweeping changes of the amendment of the Fisheries Act, specifically section 35 and changes to protecting fish habitat.

Could the member talk about the consultation that was done on this one small part of Bill C-38, which would change the fabric of Canada for many years to come?

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:40 p.m.


See context

Conservative

Andrew Saxton Conservative North Vancouver, BC

Mr. Speaker, I was simply quoting from a Toronto Sun editorial, and the purpose of that was to show that it is recognized outside of the House as well that the NDP is simply using delay tactics in order to stop our budget bill from getting through. I could not have said it better.

The NDP and its opposition cohorts are delaying when they should be helping us pass this essential bill so we can ensure that Canada keeps its enviable economic status on the world stage. Canadians elected us to carry out a mandate. That mandate was clear: create jobs, keep taxes low and keep the economy strong. Bill C-38 delivers on that mandate and goes a long way for Canadians. It supports jobs and growth, would create value-added jobs through innovation, would ensure the responsible development of our resources and, most important, it treats taxpayer dollars responsibly because this government is committed to managing the tax dollars of Canadians as if we had earned them ourselves.

Further, we made a commitment to the Canadian people to return to balanced budgets over the medium term. Over the past year, our government conducted a comprehensive review of approximately $75 billion of direct program spending by federal departments and agencies and we identified a number of opportunities to enhance the efficiency and effectiveness of government operations, programs and services that will result in cost savings for the Canadian taxpayer.

Canadians know the importance of living within their means and expect their government to do the same. That is why we are committed to managing public finances in a sustainable and responsible manner. Specifically, our government is committed to reducing unnecessary spending by focusing on providing programs that are consistent with federal roles and responsibilities. It is our duty to ensure programs are delivered by those best positioned to do so and to refocus program funding based on achievable objectives and the needs of Canadians.

For example, through economic action plan 2012, we are eliminating the penny. The penny was for many years a positive source of revenue for the Royal Canadian Mint and the Canadian government when its 1¢ face value exceeded the cost of producing and distributing the penny. However, over time, inflation eroded the purchasing power of the penny and multiplied its manufacturing costs. It now costs taxpayers 1.5¢ for every penny made. It is the right time to eliminate it. It is underused by Canadians, no longer vital to commerce and, ultimately, a burden on Canada's balance sheet. The estimated savings from eliminating the penny will be about $11 million a year, helping us to meet our reduction targets and save Canadians money. In the words of the Canadian Federation of Independent Business:

It has been a long time coming. It’s been a real pain more than anything else. We’ve actually polled our members on this and they’re supportive.

Another example of how we are managing taxpayer dollars responsibly is our recent treatment of the Governor General's salary. Following consultations between the Governor General and the government, both have agreed that the income tax exemption for the Governor General's salary should end and that it should be subject to tax in the same manner as the salary of all other Canadians. This tax treatment is consistent with recent measures in other Commonwealth countries, such as Australia and New Zealand, to make the salaries of their governors general subject to income tax as well.

In the words of noted Winnipeg Sun columnist Tom Brodbeck:

Governors general of Canada will no longer enjoy tax-free status on a portion of their salaries: The Queen’s representatives will have to pay taxes just like the rest of us. I didn’t even know they had tax-free status. Good.

Other common sense measures we are undertaking in economic action plan 2012 to reduce costs for taxpayers includes selling some costly official residences abroad and having our diplomats move to more cost-effective ones. This will generate capital revenue of over $80 million. More modest, cost-effective quarters will not impact the ability of our diplomats to do their jobs and it will reduce the number of required staff, resulting in further operating savings.

Finally, another example of refocusing program spending on the needs of Canadians is our government's decision to eliminate the Katimavik program. Make no mistake, our government is committed to our young people and the opportunities they deserve and we will achieve that by funding programs that benefit large numbers of young people at a reasonable cost rather than concentrating available funding on a very small number of participants at an excessive per person cost, such as this program.

Our government is proud to continue to invest in affordable, effective programming that engages youth, including Encounters with Canada, Forum for Young Canadians and organizations that support youth, like the YMCA. Canadian Heritage will continue to invest over $105 million in youth programming to allow almost 100,000 young people to learn about their country.

Further, our government invests more than $330 million annually to support young Canadians through the youth employment strategy. We will provide an additional $50 million over two years to assist more young people in gaining tangible skills and experience.

Last year alone, this investment helped to connect nearly 70,000 Canadian youth with the work experience and skills training they needed to build a foundation for success in the job market. Clearly this exemplifies our government's commitment to Canada's youth.

These are just a few measures in economic action plan 2012 and Bill C-38 that would deliver measurable results to Canadians and better respect Canadian taxpayer dollars. I am proud to say that our Conservative government has a record that is second to none when it comes to responsible fiscal management.

Among the many advantages of our responsible approach is that it preserves Canada's low-tax plan, fostering the long-term growth that generates high quality jobs for all Canadians.

Since 2006, our government has introduced more than 140 tax relief measures, with low-and middle-income Canadians receiving the greatest share of the tax relief. The overall federal tax burden is the lowest it has been in 50 years. As we learned today, tax freedom day is now over two weeks earlier under our Conservative government.

Bill C-38 further demonstrates our government's commitment to the responsible use of tax dollars. In this respect, this bill goes a long way for Canadians. I urge members of the House to hurry up and pass it.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:40 p.m.


See context

North Vancouver B.C.

Conservative

Andrew Saxton ConservativeParliamentary Secretary to the President of the Treasury Board and for Western Economic Diversification

Mr. Speaker, I am here today to discuss Bill C-38, the jobs, growth and long-term prosperity act, and to stand against the NDP and the opposition attempts to delay and defeat it.

As we watch the global economy continue to struggle, most notably in Europe, this legislation would help our country stay the course and ensure that our economy remains sound and strong. Unfortunately, the opposition parties seem more intent on getting attention in the newspapers with their procedural partisan games.

In the words of a recent Toronto Sun editorial:

As Europe stands poised on the brink of a disastrous economic wildfire that could blacken the world, the NDP leader['s] hypocrisy and self-obsession is in full flame.

It goes on to say, “vowing to delay the passing of” economic action plan 2012, “playing silly bugger with amendments and procedure.... This is nothing but grandstanding. Right now--”

Bill C-38--Notice of time allocation motionJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:40 p.m.


See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, as the global recovery remains fragile, especially in Europe, Canadians want their government to focus on what matters: job creation, economic growth and long-term prosperity. We are actually doing that through this bill and economic action plan 2012.

We actually welcome debate on this, although I must note that the opposition parties just voted against lengthening debate here in the House. It seems that they only want to stall and delay the process by forcing hundreds of votes on a bill that they opposed before it was even introduced.

With that in mind, I must advise you, Mr. Speaker, that agreement has not been reached under the provisions of Standing Orders 78(1) or 78(2) concerning the proceedings at report stage and third reading of Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at those stages.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:35 p.m.


See context

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank the hon. member for his very enlightening speech, which shows the extent to which the government is clearly in error as it manages this country.

The hon. member has pointed out a number of problems associated with the consequences of Bill C-38 that will affect provincial jurisdiction. During the debates on Bill C-25, dealing with pooled registered pension plans, one of the hon. members opposite brought up the fact that it is practically impossible to work with the provinces to find common ground using the Canada pension plan, for example.

This is really incredible because, if you go back a number of years, you will see that the Canada Health Act was a work in progress extending over a number of years that allowed for agreement and co-operation between the federal and provincial governments.

I would like the hon. member to enlighten me on this government's almost pathological inability to negotiate and come to agreements with the provinces. Bill C-38 is an example of that.

The House resumed consideration of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Bill C-38PetitionsRoutine Proceedings

June 11th, 2012 / 5:30 p.m.


See context

NDP

Denise Savoie NDP Victoria, BC

Mr. Speaker, the second group of petitions calls on the Government of Canada to immediately abandon Bill C-38 and introduce only those measures that are directly related to the budget.

The petitioners note that many of the measures in the bill were not mentioned in the March 29 budget and most of them have nothing to do with implementing the budget.

The petitioners also note that the measures would amend over 60 different laws, including repealing or eliminating the Kyoto Protocol Implementation Act, the National Round Table on the Environment and the Economy, the Canadian Environmental Assessment Act, the Fisheries Act, and many others.

The petitioners say that Bill C-38 would undo decades of environmental law and degrade the Canadian government's ability to defend our environment.

Bill C-38PetitionsRoutine Proceedings

June 11th, 2012 / 5:30 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the second petition, very much on point, is from the residents of Oakville; Windsor; Kitchener-Waterloo; Niagara-on-the-Lake; Vernon; Courtenay and Black Creek, B.C.; and Montreal, all calling on the government to withdraw Bill C-38, the so-called budget implementation bill, and to ensure that those non-budgetary matters receive proper review and are not forced through, as the government appears intent upon doing.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 5:10 p.m.


See context

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, it is an honour for me to speak on behalf of my party on this motion. I want to preface my remarks by saying I was hoping to have the opportunity to ask my colleague, the Parliamentary Secretary to the Leader of the Government in the House of Commons, a question. I, too, am amazed at how he can so articulately outline the position of the government and make it so understandable and do it without notes. Unfortunately, I have not gained that opportunity. However, maybe with a few more years of sitting under his mentorship I will have some of that under my belt.

I am pleased to rise in support of the government's motion, pursuant to Standing Order 27, to extend the sitting hours of the House in the final two weeks before the summer adjournment. Later, I want to make a few general comments about why we need to extend the hours. Now, I would like to focus on the House rules as they relate to the ability of the government and the need of the government to implement this measure.

O'Brien and Bosc House of Commons Procedure and Practice states on page 403:

Since 1982, and the advent of a fixed House of Commons calendar, the Standing Orders have provided for the extension of sitting hours during the last 10 sitting days in June.

O'Brien and Bosc further states, on pages 403 to 404:

In order to extend the hours of sitting in June, a motion, for which no notice is required, must be moved by a Minister during Routine Proceedings on the 10th sitting day preceding June 23. The motion, which must propose to extend sittings to a specific hour, but not necessarily for every day during that period, is subject to a maximum two-hour debate before the question is put by the Speaker.

Standing Order 27 is designed to provide the government with the option of seeking additional time before the summer adjournment for consideration by the House of important government priorities. This House has accomplished a lot this session, but there is more important work to do. Adopting the motion would provide further time for the House to debate important economic bills, like Bill C-38, the jobs, growth and long-term prosperity act, which would benefit our constituents, before we return to our ridings this summer.

Earlier in the debate today, my colleague from Winnipeg North made a comment to the House leader, something to the effect he was challenging the House leader to be sure that the House leader stayed here in Parliament for the full extent of the debate that we would have during these sitting hours.

I would like to point out to those who may be watching that much of the work of a parliamentarian is done outside this House. Yes, it is important that we are here for debates, motions and votes. However, my colleague will know that much of the work of a parliamentarian has to happen outside this House. We go back to our offices here on Parliament Hill. There are emails to deal with, phone calls to deal with, stakeholder meetings that are required of us. All of these functions are part of a parliamentarian's duties.

Add to that the responsibility of a House leader and one could imagine that it would be impossible, and my colleague knows this, for the House leader to sit here at his desk all day long to engage in debate. There are other important obligations placed upon our House leader.

It is important to point out to Canadians who were expecting us to move ahead on many of these initiatives to think about some of the positions that the NDP members have taken over the past number of weeks. They have repeatedly complained of lack of time to debate the legislation that we put before them. And now, here we have before us an opportunity to extend the hours to give them more opportunity.

Another point of irony in this whole debate is that during the debate on Bill C-38, the member for Burnaby—New Westminster used virtually 98% or more of the time available for all members to debate that bill. He used up all of that time, not allowing his colleagues, even the members of his own party, let alone the opposition, the opportunity to adequately enter into debate on that bill.

So, here we are, today, giving them the opportunity to extend those hours so that we can have important debate on the important legislation that we have tabled and they are saying, “No, we don't want to do that”. I think Canadians expect us to work until the job is done.

In these last six years that I have been a member of Parliament there are two things for which I am thankful. One is that I was raised on a farm and learned how to work hard and the other is that I learned how to work as a team member. Farmers realize that when it comes to spring planting season, they have to put in longer hours if the job is going to get done. When it comes to harvest in late summer or fall, farmers have to put in extra hours and extra resources may have to be called in. Canadians expect us at this point in history, when the economic recovery is still so fragile, to get the initiatives in this legislation implemented quickly.

Some misinformation has been given out today regarding the environmental changes that we are proposing. My colleague from Saanich—Gulf Islands said “we are torching” the environmental regulations. Nothing could be further from the truth.

Bill C-38 proposes that when major projects are under review there be one project, one review, so that we are not needlessly duplicating and adding time and cost to those who are trying to move on with a project. Environmental assessments will be just as rigorous, perhaps more so. We will be giving companies a timeline in which the answer will be given. The answer may still be no, that the project cannot go ahead because of an environmental concern, but at least at the end of the day the company that is trying to move ahead with a project will have a definitive answer and it can move ahead with certainty.

Over the past number of days and weeks we have debated the changes to the EI system. I sat here through hours of debate as my colleagues on the other side argued against the fact that people should have the opportunity to take a job earning 80% of what they previously earned rather than sitting at home earning 55%.

Many of my constituents find that incongruous. How can those members possibly argue that it would be better for a Canadian to sit at home, not gainfully employed, not feeling productive, not having the honour and the self-esteem of having a productive job, when that individual could earn up to 80% of what he or she previously earned?

Also in the works here are the immigration and refugee changes we are suggesting in terms of getting rid of the hundreds of thousands of backlog cases that we inherited and trying to match the skills of those who plan to immigrate to Canada with job opportunities here. On this point, there is one thing that is being missed by a lot of Canadians.

People criticize us for wanting to keep immigrants out. Nothing could be further from the truth again. I have attended probably 100 citizenship ceremonies in the last six and a half years. Those who are calling for changes to our immigration and refugee system are new immigrants to Canada, who arrived here within the last 10 to 30 years. These people are saying that we need to ensure that we have a fair immigration system, one that gives a clear timeline as to what immigrants can expect in terms of job creation.

Changes to the fisheries and oceans act would also be implemented with the passing of this legislation. I come from an urban-rural riding. Many times farmers in my community have told me how frustrating it is when the Department of Fisheries and Oceans puts undue regulatory roadblocks in the way of their development simply because at one point a particular ditch may have had water in it and there may have been a few tadpoles in it and now they are facing many obstacles in getting on with fully implementing the projects that they want to do.

Under our government's economic action plan, Canada's deficit and taxes are going down. We heard today that Tax Freedom Day is today, June 11. I remember so clearly when I was running for office in 2005-06 that Tax Freedom Day was June 26. Here we are, fully two weeks earlier in reducing the tax burden on Canadians we have been called here to represent.

It is an honour for me to support the government's initiative to extend the sitting hours so that we can actually get the job done. Canadians expect that. They sent us here to do that. If we work together, we can get it done.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 5:10 p.m.


See context

NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I will ask my colleague a fair and hopefully tough question. I am sure he has a lot of experience in the House. There are many rules and procedures that he has talked about in this House.

One of the procedures or rules that I have learned from my friends the Conservatives is time allocation. They have certainly used it enough times. I know backwards and inside out how the motion is put together. My Liberal colleague talked earlier about how that is used to stop debate in the House. I will go even further. I think the Conservatives really do not want to talk about what is in Bill C-38 so we cannot get to the bottom of it.

Therefore, my question to my colleagues is this. What are they hiding? What do they have to hide that we cannot have a proper discussion in the House on Bill C-38?

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:40 p.m.


See context

Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is an honour for me to stand here and debate some of my more learned colleagues on the motion we have before us, which is of course to extend debate until midnight over the course of the next two weeks.

Standing Order 27 is the standing order we are talking about here. I should say that this standing order, of course, has been utilized many times in the past. In fact I recall when we first formed government in 2006. I believe the first opportunity we had to utilize Standing Order 27 and extend debate was in 2007. Since that time we have not had extended debate.

We have not had extended sitting hours for the last two weeks of a Parliament, but that is due to a number of different factors. For a couple of years, 2008, 2009, I believe it was just an agreement made between parties that it would not be required. I also believe there was an implied threat from members of the opposition during those minority government years that if our government had brought the motion forward, it would have been defeated.

There is a reason why Standing Order 27 was incorporated to begin with, and that is to allow the government of the day to bring forward pieces of legislation in an attempt to get them passed before that Parliament rose for the summer. It is always in the last two weeks of a parliamentary session, heading into the summer months, that this ability of a government to bring forward a motion for extended sitting hours is there.

I find it interesting that members of the opposition, particularly members of the official opposition, the NDP, have stated that they will be opposing our motion for extended sitting hours. In fact I always find that disingenuous on behalf of the opposition members, because they have consistently stated that they want more debate time. On almost every single piece of legislation we have introduced in this Parliament and previous parliaments, the NDP has consistently stated it wants more debate time.

We are now offering more debate time on several bills that are on our legislative calendar, yet faced with the opportunity for increased debate, enhanced scrutiny, the NDP says no. The NDP members do not want to sit the extra hours each and every night to debate bills.

I do not know if we have heard nothing but loose lips talking in previous months and previous years, from the NDP, if in fact it really did not want increased debate all these years, or if the NDP is actually telling the truth right now when it says it opposes the increased debate because it disagrees fundamentally with the government on Bill C-38.

I find it strange that the NDP uses that argument when we in fact have been debating Bill C-38. The opposition obviously has seen enough of the bill to be able to introduce more than 1,000 amendments originally, pared down to 871 amendments.

On one hand, again, we see this disconnect between reality and what the official opposition is stating publicly, and that is simply this: if it did not have enough information about Bill C-38 to begin with, how in the world could it have then brought forward 1,000 amendments? It does not seem to make sense to me that it would have a lack of information about what is contained in Bill C-38 but still have the ability to bring forward more than 1,000 amendments. It must have some knowledge of what is contained in Bill C-38, or else how could it have brought forward any amendments?

We know, of course, that the reality is simply this: opposition members, both on the NDP benches and the Liberal benches, are not looking for more reasoned debate on any piece of legislation that our government has brought forward. They are simply trying to delay implementation of each and every piece of legislation we bring forward.

That is readily apparent, and not only on Bill C-38 but on some of the other pieces of legislation in which we wish to engage the opposition in debate over the course of the next two weeks. There is Canada-Jordan free trade, Canada-Panama free trade and the modernization of the Copyright Act.

All these legislative initiatives were brought forward not only a few weeks ago but, in some cases, years ago. We have been engaging the opposition in debate on some of these matters for literally years, but to no avail. Something I find very troubling is that I hear members of the opposition state that they wish to have meaningful debate and they want to have co-operation with all parties in this place, yet they consistently go out of their way to try to inhibit legislation from passing.

I understand. I get what an opposition does, and I certainly agree that it is there to hold the government to account. I understand that the opposition members' primary function is to oppose government legislation. However, they cannot then say they want to work with the government to bring legislation to fruition if in fact their primary motive is simply to kill the bill, with apologies to Quentin Tarantino.

The government is attempting to bring forward legislation in a timely fashion and to ensure we have adequate debate. However, members of the opposition have consistently demonstrated that they wish nothing more than to delay, obfuscate and do anything in their power, through procedural tactics like hoist bills and other delaying tactics, to prevent our government from passing legislation. That is okay. If that is what they consider to be their primary function in this place, we will deal with that.

However, that is the reason, more than anything else, that we have brought forward time allocation on a number of occasions now. I will also point out to those who may be paying attention to this debate, who are not completely familiar with parliamentary procedures, that time allocation is a function used by many governments in previous years. It is a part of our Standing Order package that allows the government of the day to put a certain time allocation on a respective bill before it comes forward for debate at either second reading, report stage or third reading.

However, I will point out differences between our approach and those of governments in past years, particularly the previous Liberal governments who used time allocation and closure far more frequently than our government and used to have a standard one day of debate on bills that they used to time allocate. Members of this place will know, if they have been paying attention, that is not the approach we have been taking. When we have brought forward time allocation, we have done so in a fashion that would allow for several days of debate after the time allocation motion has been brought forward. Again, contrast that with the previous Liberal government, which would bring forward time allocation motions and restrict the debate to one day and sometimes, as the record would show, to as few as three hours in some cases.

So the only reason we have been bringing forward time allocation on a number of bills is that the opposition members have demonstrated that they will do everything within their powers to delay implementation. If any government is faced with a situation where it has been demonstrated that the opposition will delay and obfuscate to the point of never allowing any legislation to pass, then the government has no recourse and no other option but to bring forward time allocation motions, and that is what we have been doing.

Of course, from a political standpoint the narrative that the opposition members, particularly the NDP, have been trying to weave is that if they can force our government into bringing forward time allocation motions it benefits them politically, by allowing them to stand up in this House and to go to political meetings and say, “This government is restricting debate; look at all the time allocation motions it brought forward”. However, what the opposition members are trying to do is run up the score. They are trying to force our government to bring forward time allocation motions on almost every piece of legislation because it feeds their narrative. That is the reality. Is it good politics? Perhaps. We will find that out.

What Canadians expect of any government is that legislation be passed and that it be passed in a timely fashion. That is what we are doing, more than anything else.

If we look at the number of days of debate, the number of hours of debate, the number of speeches presented in this House on debate with various pieces of legislation that we have time allocated, we would find on average that there has been more debate on a bill-by-bill basis than with any government in the last 20 years. The opposition members do not like that because it is the truth, but if they took the time to actually research what I am saying, they will find it is absolutely true.

We have many new members in this place, so I do not expect them to know all of the parliamentary history, but I would encourage them to please go back and look at legislation that previous Liberal governments brought forward and look not only at how many times time allocation was used but also at closure. I am assuming that the members opposite know the distinction between time allocation and closure.

The reality is simply this, that Canadians expect governments of the day, regardless of their political stripe, to pass legislation, because without that ability, no government can function.

One of the problems in a minority government, which we all saw from time to time, is parliamentary gridlock. We reached an impasse where legislation simply would not pass because of the combined forces of the opposition blocking any attempt by this government to pass legislation in a timely fashion.

Obviously the dynamics have now changed: we have a majority government we are getting legislation through. Yet more needs to be done.

I will give four quick examples of what I consider to be critical pieces of legislation that Canadians would like to see our government act upon. I have mentioned them previously. One is the copyright modernization act, an act that has not been modernized for far too many years. We are on the cusp of finally passing that bill, but we need additional time to do so.

We have two more free trade agreements, one with Jordan and one with Panama, that will greatly enhance our economic ability to create jobs, to create wealth within our country. We need time, however, over the course of the next two weeks to get those bills properly debated and, hopefully, passed.

Of course, we have the pooled registered pension plans act that will provide, for the first time, to Canadians who are self-employed and do not currently have pensions the ability to opt into a pension plan, which will affect hundreds of thousands and actually millions of Canadians.

These are all extremely important pieces of legislation that Canadians want to see passed, which is all that we are trying to do, to ensure that over the course of the next two weeks before we rise for the summer, that at minimum these four pieces of critical legislation are passed.

Do we expect to get cooperation from the opposition? I will not prejudge that; I simply will not do that. I hope that the members opposite who have been speaking today in this debate, stating that they wish to cooperate with the government, are sincere in their comments, but time will tell.

I do want to mention the relationship, as I mentioned to my colleague, my friend from Winnipeg North, that should exist among House leaders. I, too, have been involved with the House leaders management team for the past number of years. In fact, I have been the parliamentary secretary to five different House leaders since we were first elected to government in 2006, and I can assure the members opposite, all members, that from time to time, while there may be acrimony and some hard feelings, I believe that on most occasions the House leaders of all parties, opposition and government together, do work together in a fairly collegial atmosphere.

There will also be times when all opposition parties and the government, through their House leaders and their House management teams, can agree on certain pieces of legislation that can be passed.

I will not tell any stories out of school, or break any confidential pact, because House leaders meetings of course are in camera and are confidential, but I can assure members opposite that I have been involved in previous years in negotiating when sessions end.

I do not want to give the impression to any Canadian that parliamentarians want to get out of here early and do not want to do the work they have been elected to do. However, from time to time, as we get close to an end of a parliamentary session, there is the opportunity for all parties to come together to try to agree on what legislation might be available for quick passage.

It is not uncommon, for example, for opposition parties to come forward during House leaders' discussions and ask what priority pieces of legislation the government has on its agenda. That is code of sorts, quite frankly, for what pieces of legislation the government wants passed before we get out of here for the summer. Maybe we could have some discussion; maybe we could find some common ground, some agreement. It has always worked well and I anticipate, or at least I certainly hope, that this opportunity over the course of two weeks will not disappoint me and that we will find common ground again.

I particularly want to point out that I agree with a comment by my friend from Winnipeg North a little earlier, that surely to goodness there could be the type of relationship among House leaders that allows for some legitimate debate on the length of time that bills need to be debated. I have had this conversation with the House leaders of both the Liberals and the NDP in months and years past. In a perfect world I would love to see a situation or the type of dynamic in play where on a relatively normal bill, a non-controversial bill, we could agree on an average length of debate. If we could agree, whether it is five days or ten days or so many hours, that would be the standard we would try to hold ourselves to.

Obviously there would be times where legislation that any government introduced would be opposed vigorously by the members of the opposition. We have clearly seen some of those in this session of Parliament, such as on the long gun registry and the Wheat Board, and there will be others. I can understand that, and I believe that the opposition members understand that those are the types of legislative initiatives where the opposition and the government will never find common ground. That is okay. That is the nature of democracy; that is the nature of Parliament. In those cases though, I still think that we could find some common ground to agree that if we are going to encounter vehement opposition, then what is a legitimate timeframe we can put on that debate. Perhaps it would not be as short as some of the more non-controversial pieces of legislation, but can we at least find some agreement to limit debate after a certain period of time, if we know that we will never find agreement between the opposite sides of the House?

That has been attempted. At times it has proven to be successful. I would like to see more of that type of dialogue between parties. However, where we cannot bridge that impasse, then we will find that the government has to use the levers at its disposal. We have been doing that, but I believe we have been doing that in a judicious manner.

I invite comments from opposition members to see if there are ways they would suggest for us to find even more enhanced co-operation between all parties in this place.