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.

Extension of Sitting HoursRoutine Proceedings

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


See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the simple answer is that, instead of being 400-plus pages that affect 70 acts and in some cases delete some of them, Bill C-38, the budget bill, likely could just as easily have been 14, 15, or even more substantial pieces of legislation. That is why Canadians need to be concerned with where the limit is. If the government says it is going to have a “long live Canada” budget bill, that means it could incorporate every piece of legislation it wants to put in in any given year and say it is now the budget implementation bill, and it could affect even more than this one does. It is a very dangerous direction we are going in today with Bill C-38.

What offends me most is that the government somehow accumulated the courage, and courage is probably not the right word on this. I would never have thought it would bring in a bill like this that incorporates so many changes in so many different ways in one bill, a budget bill. I believe it is dishonest and anti-democratic. I truly believe there are a number of Conservative members in the House who would be voting against Bill C-38, if there were a free vote.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:25 p.m.


See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

A member from across the way says that they do. He better canvass his constituents because it will become an election issue. The Liberal Party will take that issue to the polls.

At the end of the day, the residents of Winnipeg North, and I do not think they are too far off from those in the rest of Canada, are very upset and concerned about the pension issue. They want to have that option to retire at age 65. They believe in that program.

Let us take a look at the micro-scales on the impact of the budget bill.

We have immigration offices that are being closed down, hundreds of CIC workers are being taken out and individuals who are in need of these services are impacted.

We can talk about search and rescue and the impact the budget bill will have on it, with offices being relocated or closed down. There are many different issues.

Earlier today I received some correspondence regarding the Riel House in the city of Winnipeg. Louis Riel was one of the founders of Confederation as far as many Manitobans and Francophone are concerned, but that house is now in jeopardy.

There are so many issues that are related to Bill C-38. We have to look at all the other issues. The government House leader said, the Conservatives had other legislation that they wanted to get passed, and he then started to list off more legislation. We welcome the opportunity to debate and have proposed legislation go to committee.

We are interested in those important issues on which Canadians want parliamentarians to work. It was the Liberal Party that first raised the issue in last fall's session that the number one priority for Canadians was jobs, jobs, jobs. Unemployed people are concerned about being able to provide for their family and themselves. We have recognized the importance of the economy.

We are prepared to do whatever it takes to ensure that we move forward in a positive way and that we let the government know what the concerns are. Last fall, I spent a lot of time talking about jobs. However, in the last few weeks it seems I have been talking more and more about process because I am concerned about what is happening inside the House. Many may see process as being somewhat of a dull issue, but it is far from that.

This is about democracy. This is about the rights of members of Parliament to really engage in discussion that is necessary, whether it is on the floor of the House of Commons or after a bill passes and goes to committee. We have to ensure that those rights are protected. There is an expectation, and I do not know about other members, I would assume so, that when we knock on doors and tell our constituents we are prepared to go to Ottawa to ensure their concerns are addressed, that we do so. I have always added that I want to bring Ottawa to Winnipeg.

The point is to ensure that the concerns of our constituents are addressed. That is why in this very short of period of time, when we talk about the extension of hours, I raise the issue of the budget and the seniors issue. I can talk about how this budget will impact health care. It has always been a very important issue, not only for residents of Winnipeg North but, I believe, all Canadians. A big issue has always been crime and safety in our streets, something that I have argued may even likely be the number one issue for Winnipeg North in the minds of a good percentage of my constituents, and for just reason. This is one of the reasons why I talk about that a great deal, and will continue to do so.

However, the motion that we ultimately will be asked to vote on is if the House should extend its sitting until midnight for the next period of time. I would feel so much better if the government House leader and the government's House leadership team would work with the opposition House leaders and their teams to see if in fact we could come up with some sort of compromise so Canadians would be served first and foremost.

It is interesting. The government House leader concluded his opening remarks on the motion by saying that we should put Canadians first. This would be a challenge that I would put to him, to put Canadians first.

I was provided with a quote that the government House leader actually made back in July 2005. It states:

A major reason I became politically active was because many in my family...lost their lives, or freedom at the hands of the Soviets or Nazis. I believe our democracy is fragile, and something we must cherish and defend.

This was something he apparently had on a website on July 5, 2005. He was talking about what was a sad day in the House of Commons.

I, like the government House leader, like to think I am a defender of our democratic system and our institutions. I believe it is important that as a House we work together to try to address the important issues of all Canadians.

The House leaders of all political parties inside this chamber play a very important role. If the House leaders do their job, then we are able to have an orderly ending to a session. There will be bills that will be opposed and the opposition will want to voice those concerns. We should not try to tie their hands. We have to allow, for those controversial bills, the opportunity for the opposition members to express themselves. That means not bringing in time allocation as often as the current government has. It means to allow the committees to do the work they need to do so these issues are addressed in a timely fashion.

I look forward in the future to the government House leader working with opposition House leaders in an attempt to have more orderly windup sessions.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:15 p.m.


See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is with pleasure that I stand to speak to this motion, a motion by which I am not totally surprised. One could have anticipated it, given the record of the government and its inability to negotiate in good faith.

Let me start by saying that I do not have a great deal of legislative experience here in the House of Commons, but I do bring with me quite a bit of experience from the Manitoba legislature. I like to think that a lot of the principles are the same. There are different issues and so forth, but I have a fairly good understanding of the principles of how a chamber works and how House leaders should be working with each other to try to get through legislative agendas. I have been doing it for 20 years now.

I would like to focus my first few minutes on the fact that we need to look at why we are in the situation we find ourselves in today. The government, more than any other government, has set a record on time allocation. It brings in time allocation in order to pass its legislative agenda. It is almost becoming standard process, as opposed to sitting down with opposition parties.

The Conservatives present their legislation to the House. They pick a bill, wait a day and then bring in time allocation in expectation that it will pass. They do not have to consult. I think that is some sort of pent-up anger from the minority days or something of that nature, and we are seeing a very irresponsible, anti-democratic Reform Conservative majority government that has been destructive to process inside the House of Commons.

I have worked with majority government in the past, when there were NDP House leaders and Progressive Conservative House leaders. On all occasions, I have had the opportunity to sit in the House leader's office or in a committee room, and the government members will say, “Here is what we are looking at as a legislative agenda. Here are the important bills that we want to get passed over the next number of months”. Opposition members will then say, “We want to have x number of hours of debate on this particular bill because it is controversial legislation and we feel it needs to be debated. It has a higher priority for debate.”

The point is that there is a sense of cooperation to make sure that what is taking place on the floor of the legislative assembly, or in this case the House of Commons, is being debated fairly.

That is not to say I have never witnessed closure of some form or another inside the Manitoba legislature. That happened, and whether it was the NDP or Progressive Conservatives, it happened. It is a tool that is there, and I believe political parties of all stripes have at times had to go into that tool box.

However, more often than not I have witnessed agreements to go into extended sitting hours, and that is what this motion is all about. House leaders say they need more time to get something passed, but what has amazed me in my year and a half in the House is the lack of goodwill, the lack of trust coming from the government side in terms of trying to get things through the House of Commons in a fair and appropriate fashion.

I can recall the Canadian Wheat Board legislation that was put through in this session. This huge piece of legislation impacted 30,000 or 40,000 prairie farmers. We have a law in place that says that the Prime Minister has a responsibility to ensure a plebiscite for the farmers. The plebiscite is still in the court process, but the government brought in legislation that it expects MPs to pass without the farmers even having the plebiscite, a right that the law in essence guaranteed them. It guaranteed that they should have a vote because of the changes to the wheat board.

We in the Liberal Party opposed what the government was doing. We opposed the fashion with which it was bringing in legislation. What did the government do? As it has done 20 other times, which is a record, the government brought in time allocation. It has brought in time allocation 25 times, I believe.

What does time allocation do? In essence, it prevents debate and allows the government to rush through legislation. By doing that, the government is doing a disservice to Canadians and it is not respecting the House.

I do not know what the tradition has been—three, four, five times a year?—but I do know that no other government has brought in time allocation 25 times in one year. That has to be record. It could be a Commonwealth record, as far as I know. That is what is wrong with the Conservative government.

I am not fearful of sitting until midnight. I have sat around the clock before. I have sat in committees before.

The government House leader says we have had eight or ten hours of debate. This is a budget bill, and we are spending over $250 billion. The Manitoba legislature had 240 hours of line-by-line debate on estimates to spend $6 billion. That was only on a $6 billion budget at that time. Those 240 hours have been reduced somewhat, and the amount of money that the province of Manitoba spends has changed , but everything has to be put into its proper perspective.

Bill C-38 has been termed the “Trojan Horse” as a budget bill because 70 laws would be changed, amended or deleted, and all through the back door. Is there any wonder that all these little red flags are shooting up all over the place the more Canadians find out about it? Canadians realize that what is happening here is wrong.

It goes beyond the NDP and the Liberals. I saw the YouTube clip in which a Conservative backbencher was sharing with an intimate group of constituents that a number of Conservatives have some trouble with the legislation, but that they do not have any choice. I would suggest that there is a choice, and that choice needs to be looked at.

This is unprecedented. The size of the legislation and its profound environmental impact are significant.

The motion we are dealing with does not deal just with Bill C-38. It deals with a wide variety of pieces of legislation. There is no secret here. We know the government's intentions. It is going to bring in more time allocation, because the government House leader has not been able to negotiate. He has not been able to sit down and work things through.

The budget bill would have a profound impact on the environment. Why did the government choose to put something like that in a budget bill?

I do not know how many of my Atlantic colleagues have raised the EI changes in question period to try to get the government to wake up on the employment insurance issue. This is costing industry in Atlantic Canada, Quebec and all over Canada. We have industries that are being put in jeopardy because of what is being sneaked through the back door with this legislation. There would be reforms to EI and pensions.

I have never had as much interest for signing petitions as I have had on the pension issue. Whether here or in my previous life as an MLA, I have submitted a few petitions over the years, but never with as much interest as on the pension issue. Canadians feel very passionate about our social programs. Increasing the retirement age from 65 to 67 is just a dumb idea and Canadians do not support it.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:10 p.m.


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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, the member is entirely correct. The NDP went to extraordinary lengths to hold budget hearings, both here in Ottawa and right across the country.

When we realized that the government was intent on just pushing this measure through at any cost, we decided that we had to get out there and hear from people, and we did just that. We got a huge response from people, and I think it has helped to generate people's awareness about this bill and given visibility to what is in the bill.

I agree with the member that this is not an issue of whether we come here at 10 or 11 o'clock at night. We have shown on so many different occasions, whether on back-to-work legislation or in any debate we have had, that we are totally engaged in doing our work in this place. We take it very seriously.

What we are responding to with this motion is the intent behind it. I think it is just an illusion that somehow we are going to have more debate on this particular bill and other pieces of legislation.

This is all about creating space to then allow for more time allocation. Let us make no mistake about that. We absolutely know what the number is and we know what is going on here. I want to say very clearly that what we are calling for is substantive debate, not only of Bill C-38 but also of the other pieces of legislation that may come forward, so that we can have a thorough oversight and investigation into all of these elements, particularly in Bill C-38.

This is the most important thing that we should be doing, and the government has absolutely refused to respond to it.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:10 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, when the government House leader claims that the government is suddenly providing additional hours for debate and proper study of the bill, at least in the case of Bill C-38, his mouth should feel as though it is full of ashes to say something like that. We have seen the torching of environmental legislation by it being rammed through at second reading and the committee process that followed.

I heard the hon. member on the Conservative benches say that this bill has received more study than ever. I worked on the passage of the Canadian Environmental Assessment Act that, by Bill C-38, would be repealed. It was taken through the Privy Council Office in 1987 for permission to draft. It was finally tabled before the House and passed, but did not get royal assent until 1994. In my experience, it takes years to bring forward good environmental legislation and it takes weeks to bring out a wrecking ball.

I do not see how, at this point, being told that sitting until midnight for the two days left at report stage provides any real content to the debate.

Does my hon. friend from Vancouver East get any sense that the Conservatives are willing to negotiate to bring Bill C-38 to a conclusion that includes taking on amendments?

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:05 p.m.


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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, there is just no two ways about it. The more people find out about Bill C-38, the omnibus budget bill, the more they hate it and the more the government is intent on getting it through the House and out of the way. This is what this is about.

I attended a public forum with some of my colleagues in Regina a couple of weeks ago and that was when information about the bill was just beginning to come out in a way that people were asking what was going on in Ottawa and what was all the stuff in the bill. When we started listing for them all the different pieces of legislation and the issues they would impact, whether it was pensions, the environment, health care or first nations, people's jaws were dropping.

There is a critical mass of people across the country, whether in organized groups or individuals, who are aghast at the methodology that the government is using, which, of course, is why the government now wants extended hours. It wants to finish things off and get the bills through, something that we oppose.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, over the weekend, I was in Winnipeg. I have found that as more and more Canadians become aware of what Bill C-38 is all about there is a great deal of resistance. We are starting to see its quite significant presence on the Internet as more and more Canadians are starting to react to finding out what the government has done with regard to that specific bill.

I would ask my colleague from the New Democratic Party how she feels Canadians as a whole are reacting to Bill C-38 specifically.

My interpretation is that the more people find out about it the more upset they are. I think the government would do well to recognize how offensive the bill is to our democratic system and to Canadians as a whole. The government would be well advised to go back to the drawing board, in essence, on this bill and to bring in a normal budget implementation bill that would take away a lot of the amendments proposing to significantly change legislation, such as our environment act.

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Thank you very much, Mr. Chairman.

Thank you very much to our guests.

As I listen, hearing after hearing, to representations on the invasive species problem, I'm amazed. I'm from the east coast, from Nova Scotia, and so this is all relatively new to me.

Boy, do you ever have a challenge. The sea lamprey issue is enormous.

The indication, of course, is how much of your budget is taken up by it. The fact that you have two nations, four states, numerous first nations communities, and two provinces means it's big.

The research is so important because of the impact it has on the commercial fishery and the fishery in general, fish habitat, and so on.

I want to pick up on the fact that a release came out from the committee of advisers to the commission last week, June 7. The committee of advisers is made up of both Canadian and U.S. appointees and members of various first nations groups. If I may, Mr. Chairman, I just want to quickly read the resolution that was passed,

Therefore be it resolved that the Committee of Advisors to the Great Lakes Fishery Commission calls on the Minister of Fisheries and Oceans and the Government of Canada to consult broadly with aboriginal peoples, stakeholders, and fisheries and aquatic science experts possessing insight into the full range of ecosystem functions necessary for the health of Great Lakes and their commercial, recreational and aboriginal fisheries, before making changes to the Act....

I'm sorry, I should have said that it is specifically in regard to Bill C-38 and the changes that are proposed to the Fisheries Act.

Finally,

Be it further resolved that Advisors call on the Minister of Fisheries and Oceans and the Government of Canada to ensure that for the purposes of the Act, fisheries habitat is defined to include the full range of habitats important to the maintenance of fish stocks, including those created by human activity, such as drainage and degradation of wetlands, impoundment or channelization of rivers and streams or shoreline and bed alterations of water bodies, or otherwise the product of the reconfiguration or alteration of aquatic habitats.

Mr. Chairman, I'd be happy, if you'd like, to make that release available if you don't have it.

Clearly the committee of advisers has some serious concerns about Bill C-38 and what it's proposing to do. One concern is that they feel more consultation is required. Second, they feel that the definition in the act of fisheries habitat is not sufficiently broad to consider.

Initially I have two questions. One is—and you explained this to us a little bit—that we see on your organization chart that on either side of the commission are the advisers as appointed by Canada and the U.S., but then where is this committee of advisers relative to the commission?

Second, do you support, as does the commission, the resolution as provided by the committee of advisers?

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:45 p.m.


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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, it is unfortunate that we have this debate today about extending hours, because we cannot look at this particular motion in isolation from everything that has happened in the past year since the election, under this Conservative government.

I would begin my remarks by saying that I think a measure of a government is how it represents and respects the institution it operates within. By and large, certainly a majority government controls that institution. Therefore, how the government actually operates on a day-to-day basis and operates overall in terms of respecting the opinions of opposition, of members of the public, of committees, of the structures and the vehicles that we have, is a very important criterion in terms of how one looks at how a government is performing, whether it is the current Conservative government, a majority government or former governments. One has to look at this motion today in that context.

I mentioned in my remarks earlier that we have seen the government now bring in time allocation possibly 20 to 24 times on different bills. Time is a very valuable commodity. It is something by which we all operate. We understand the importance of it. I do find it incredibly ironic that, on the one hand, we have a government that has been doing everything it can to restrict the time we have for debate, for example, on Bill C-38, but on the other hand it is looking for an expansion of time in the next two weeks because it wants to get everything else through. This is really very disrespectful of the process we have in Parliament and is disrespectful of the engagement that members of Parliament want to have.

Bill Blaikie, who was the former member for Elmwood—Transcona, actually was the dean of the House. He was a very long-standing member of the House of Commons for more than 20 years. I remember speaking with Bill Blaikie on many occasions and getting a sense of how much the procedures had changed in this place, how much the rules had been bent, managed and finessed to basically minimize and restrict what members of Parliament can do.

We have to look at this issue over the longer term. We have to look at how much has been cut out already. Whether it is the right to have ongoing debate or the rules of the House generally, there has been so much undermining of the democratic process in this place. When we look at this motion today and we look at the underlying intent that motion has, which is to basically control the government agenda and to do everything it can to push through what it believes is necessary, then we can see that this place begins to be diminished. Its role and the role we have as individual members of Parliament begins to be diminished.

I remember, back in 1998 or 1999, the Reform Party of the day bringing in 472 amendments on the Nisga'a treaty. It is curious though that the Conservatives seemed to have no problem then in insisting that there had to be proper debate and a proper process. In fact, they used it. They were very opposed to that treaty. I remember voting. I think it was about 48 hours straight when we voted on those 472 amendments to the Nisga'a treaty in British Columbia. They seem to have forgotten all of that. They seem to have forgotten the process and the need to have some sort of equilibrium in this place. It has now become a very heavy-handed measure that it uses. That is what we are seeing today with this motion.

If we add on other examples, such as gag orders to employees, this is no longer a place where even people who work in different departments of the federal government are free to express an opinion. The gag orders are out there to shut down, to be silent and to self-censor. It all speaks to a pattern of incredible control. It speaks to a pattern of undermining the democratic process.

All opposition parties have a responsibility to hold the government to account. My hon. colleague from Skeena—Bulkley Valley, the NDP House leader, in his earlier intervention on a point of privilege made the point well that by blocking information to the Parliamentary Budget Officer, by withholding information to parliamentarians, we are impeding the proper functioning of a democratic process.

When we put all of that together, we can begin to see we have a government that is arrogant in its approach and dismissive of any opposition. That speaks badly to our democratic process as a whole.

We have seen unbelievable opposition to Bill C-38. We heard the governement House leader say earlier that this is the longest debate we have ever had. Seven days at second reading on a bill that would have so much impact on almost every aspect of anyone's life in Canada, amending more than 70 pieces of legislation, is the equivalent to having one day of debate for 10 different pieces of legislation. I do not think anybody could characterize that as any kind of adequate or substantive debate.

We are not only opposed to the motion and all of the processes that are unfolding in such a high-handed way by the Conservative government; we are also dealing with the substance. We are also opposed to the process of ramming through all of these bills because the substance of what is contained in the legislation is critical. It is important that people understand what all of these changes are about. We have been pressing that day after day in question period and in committee, where our team did an incredible job of bringing forward amendments.

The list of changes and their impacts is just unbelievable. We have heard about changes to food safety inspection and EI. The government is basically rewriting the way EI will operate. What is worse is that it will be under the complete control of the minister.

We are debating changes in Bill C-38 that would give the Minister of Human Resources and Skills Development huge powers to make regulations and unilateral changes to the employment insurance system. This is particularly offensive because, as we know, the employment insurance system is based on contributions from workers and employers. It is a system that people rely on when they need it. Yet the wholesale changes that we know are coming, with respect to what is considered suitable employment, how far one has to travel, the wages that are involved, are all substantive changes. The ability to examine even that one piece in Bill C-38 has been minimal.

We also heard earlier today from the member for Halifax, who raised a question in question period, as she has done for many days both here and in committee, about the changes to environmental assessments. Today in question period she noted that Bill C-38 would, with one clause, change the whole environmental assessment procedure in Canada. The bill would basically bring in a whole new system. In normal terms over the history of Parliament, these are changes that would have intense scrutiny, each and every one of them.

Scrapping the director general of CSIS, what is all that about? Why is that being allowed to happen? What about the gutting of the Fisheries Act?

What about weakening foreign ownership rules on telecommunications? People who work in this industry, not the big corporations, are hugely concerned that buried in Bill C-38 are significant changes to foreign ownership rules that would make it much easier for corporations from abroad to come into Canada and take greater control over our telecommunications industry. That is something that requires substantive examination, but it is buried in the bill.

We have the cuts to health services for refugees. This one only came out more recently and now there is a huge outcry across the country about what the impact would be for refugees. We hear the talking points from the government members saying that refugees will not get anything more than anybody else. However, the loss of some of these medical services would have a significant impact upon people's lives.

However, do we get time to examine this? I do not think so because again this is something that is being rammed through.

The governement House leader mentioned some of the other legislation that his government wants to move through if the motion to extend the hours passes, which, of course, it has the votes to do. It is very possible that, with some of these bills with which other parties in Parliament agree with, there may be some agreement to have a good debate and to see the passage of those bills. That is something that we have done for many years where there is co-operation, where there is some dialogue, conversation, that we can actually come to an agreement. It seems to me that is the way we should be conducting our business. We should be allowing the House leaders to meet to figure out, where there is some agreement, which bills can go through, because there may well be agreement that there has been adequate discussion and that would be a timely and proper thing to do.

However, I think it is wrong to lay down a whole list of probably 15 or more bills and say that in the next two weeks we will sit until midnight, that we will ram all these bills through no matter what anybody thinks and no matter the length of debate. I know the Conservatives will use the argument that we can debate it all we want but I think the central point that we need to make about this motion is that it is not intended to allow substantive debate on these bills, whether there are 6 or 10 or 15. The purpose is to allow the government to , ram them through. I will bet my bottom dollar that it will now accompany this extension of hours, if it gets it, with time allocation.

I again come back to my first point, which is that on the one hand, the government is both restricting debate on Bill C-38 and other bills and it is also creating time for further debate so that it can also restrict debate to get the bills through. This is what we have come to. I have been in this Parliament now 15 years, through six elections. I have seen minority Parliaments and majority governments. I have seen how this operates. I know that if there is that process of some dialogue, goodwill, respect and trust, having been a House leader for eight years as well, we can arrive at a consideration and an agreement about the House agenda. We have the capacity to do that.

However, when the government y is so disrespectful of both the process and the substance and has an agenda that it just wants to ram through in the closing weeks of Parliament, all I can say is that we need to do our job and our job is to hold the government to account. Our job is to ensure that there is substantive and proper examination of all the bills before the House. We owe that to our constituents and to the public in general. I can tell from the emails that I am receiving and the stuff that is on Facebook that people are truly alarmed at the government's method of dealing, in particular, with Bill C-38.

People are only just beginning to understand the comprehensiveness and the far-reaching impact that the bill would have. This notion that it has had the longest debate ever is just nonsense. We need to look at what is in the bill. We need to know all of the legislation that it is trying to change. We need to know that none of that has been properly examined.

I do find that the government, in putting forward this motion today, is, regrettably, just a continuation of the arrogance it has displayed. It is a continuation of a disrespect of this place. It is a pattern of just wanting to get something through at any cost.

I feel very proud that the NDP, the official opposition, has spoken out very strongly. All of the amendments we have for Bill C-38, which will be voted on this week, are a reflection of the opposition that exists in this country. They are not just spurious amendments. These amendments are a reflection of what it is we are hearing from Canadians.

It is incredibly disappointing that the government is refusing to budge even an inch to look at splitting the bill or to look at ways to manage the bill so that there is proper debate. We have not seen the government willing to move anything on that front. That is a real indication, unfortunately, of where the Conservatives are at.

We will not be supporting the motion, not because we do not want to be here at night to debate. We are quite happy to do that. We are good at it. We would be happy to debate until midnight. However, we need to look at the intent of the motion and we know full well that the intent of the motion to extend the hours is so the government can bring in further time allocation to ram through Bill C-38, plus a dozen or more other pieces of legislation.

That is offensive. It is disrespectful of this Parliament. It is something that we do not think can be unchallenged, and it is for that reason that we oppose the motion.

I would like to move an amendment. I move:

That the motion be amended by replacing the words “Friday, June 22” with the following: “Thursday, June 21”.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:40 p.m.


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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, when Canadians reflect on the opposition parties in Ottawa today, the reason that they often conclude what we see mostly are partisan games from the opposition is that normally the member would be standing up complaining that he does not have enough time to debate. Now, faced with a motion to provide more time for debate, the opposition parties, both of them, indicate that they have a problem with that motion. I find that irony tells us everything we need to know about the motives of the opposition party members in how they approach things.

Our approach, as the hon. member talked about C-38, is to take a look at what is important for Canadians. What they are concerned about most these days is job creation, economic growth and long-term prosperity. We brought forward a legislative agenda, including our budget implementation act, to deliver on things like a tax credit for small business job creation; additional investment in skills development, research and innovation; additional opportunities to harness our natural resource advantages; a way of making sure that we continue to have the most skilled workforce in the world; and bringing forward that comprehensive economic plan, subjecting it to the longest debate in decades in Parliament, the longest committee consideration, but also ensuring that we move forward with real decisions.

The opposition's response is to look for delay and obstruction tactics. It is not to talk about the substance of it, but simply to delay and play games. However, we want to deliver real results and focus on the substance of the economy for the benefit of Canadians.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:35 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I found it interesting that the government House leader, in his remarks, asked us to do what he believes is in Canadians' best interest. The Liberal Party of Canada has been doing just that.

One could ask why the government House leader is not behaving in a fashion fitting for this House. When he asks us to do what is in the best interest of Canadians, how would he, for example, defend the government's approach in dealing with Bill C-38, the budget legislation?

He complains that the opposition wants to debate the bill and have it in committee. However, it should come as no surprise to the government House leader that this is the single largest budget bill ever presented to this House. It is indeed unprecedented. The amount of legislation that is being brought into the bill through the back door is unprecedented. That is why it needs to be thoroughly debated.

The work ethic of the members of the Liberal caucus is second to no other caucus inside this chamber. We are prepared to debate the bill and other bills that are important to Canadians. We are prepared to challenge the government through amending legislation and forcing votes, to try to get the government to recognize the responsibility that it has to Canadians.

I do not shy away from work in this House. I wonder if the government House leader would make a commitment in this chamber to sit in this chamber as long as I do in order to see this bill pass. Surely to goodness he would be open to sitting as often as I do in the chamber to ensure the issues are being addressed and that Canadians are put first. Will he make a commitment to sit in the chamber as long as I do?

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:35 p.m.


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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Not at all, Mr. Speaker. The authority for doing this is in the Standing Orders, which provide that on one day a year, we can move to have extended hours for the last two weeks of our sitting. We have been adopting the approach of running Parliament in a productive, hard-working, orderly fashion, where there is certainty and we actually come to decisions.

Bill C-38, the jobs, growth and long-term prosperity act, is a perfect example. Through our measures and the use of time allocation we have been able to ensure that we had the longest debate ever on a budget implementation bill, certainly the longest in the past two decades but probably ever. Similarly, we have also had the longest consideration in committee, not counting the subcommittee that was established. We are not interested in limiting debate. We are happy to have lots of debate and we have ensured that for some of the bills, some of the priority ones I listed like copyright. There has been far more debate in this Parliament to get to the same stages of bills than in previous Parliaments when the bills passed much sooner.

This is not our concern. Our concern is that we make decisions. That is what we were sent here to do. Canadians voted for us and said they wanted us to go to Parliament, address the important questions, debate them and make decisions on them. That is what we are asking the House to do: actually make decisions on the bills before us so that Canadians can benefit from those changes.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:35 p.m.


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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, regrettably, it comes as no surprise to hear the government House leader move this motion today for extended hours over the next two weeks. It is also no surprise that New Democrats are going to oppose it. Time is at a premium in this place and is a very powerful commodity.

I listened very carefully to what the government House leader had to say. He called on all members to work together in a constructive way. However, it seems to me that the process for doing that has to come from the government. There has to be a trustful relationship and a sense of goodwill about how the House agenda is managed. There are House leader meetings that take place every week to do that.

I find ironic that we have a government that is intent on restricting the amount of time for debate, whether on Bill C-38 or many others. About 24 bills have had time allocation or some sort of closure applied to them. On the one hand, the government is restricting the time for debate, but, on the other hand, wants more time. Why? It is because it wants to ram these bills through.

The government House leader gave an indication of some of the bills that the government is looking at. It seems to me that the proper place for that, where there is agreement, is at House leader meetings which are for that purpose. We now know the motivation for doing that, which is to push these bills through very quickly, as we are seeing with Bill C-38. If we allowed that to happen, we would be derelict in our duty. It would not be members working together, it would be the government acting in a very high-handed manner.

I would ask the government House leader on what basis he believes he has the authority to ram these bills through. I know he can move this motion, but in terms of proper process, is this not another example of ramming through government legislation?

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:25 p.m.


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York—Simcoe Ontario

Conservative

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

moved:

That, pursuant to Standing Order 27, the ordinary hour of daily adjournment shall be 12 midnight, commencing on Monday, June 11, 2012, and concluding on Friday, June 22, 2012, but not including Friday, June 15, 2012.

Today I rise to make the case for the government's motion to extend the working hours of this House until midnight for the next two weeks. This is of course a motion made in the context of the Standing Orders, which expressly provide for such a motion to be made on this particular day once a year.

Over the past year, our government's top priority has remained creating jobs and economic growth.

Job creation and economic growth have remained important priorities for our government.

Under the government's economic action plan, Canada's deficits and taxes are going down; investments in education, skills training, and research and innovation are going up; and excessive red tape and regulations are being eliminated.

As the global economic recovery remains fragile, especially in Europe, Canadians want their government to focus on what matters most: jobs, economic growth and long-term prosperity. This is what our Conservative government has been doing.

On March 29, the Minister of Finance delivered economic action plan 2012, a comprehensive budget that coupled our low-tax policy with new actions to promote jobs and economic growth.

The 2012 budget proposed measures aimed at putting our finances in order, increasing innovation and creating suitable and applicable legislation in the area of resource development in order to promote a good, stable investment climate.

The budget was debated for four days and was adopted by the House on April 4. The Minister of Finance then introduced Bill C-38, Jobs, Growth and Long-term Prosperity Act, the 2012 budget implementation bill. The debate at second reading of Bill C-38 was the longest debate on a budget implementation bill in at least two decades, and probably the longest ever.

On May 14, after seven days of debate, Bill C-38 was passed at second reading.

The bill has also undergone extensive study in committee. The Standing Committee on Finance held in-depth hearings on the bill. The committee also created a special subcommittee for detailed examination of the bill's responsible resource development provisions. All told, this was the longest committee study of any budget implementation bill for at least the last two decades, and probably ever.

We need to pass Bill C-38 to implement the urgent provisions of economic action plan 2012. In addition to our economic measures, our government has brought forward and passed bills that keep the commitments we made to Canadians in the last election.

In a productive, hard-working and orderly way, we fulfilled long-standing commitments to give marketing freedom to western Canadian grain farmers, to end the wasteful and ineffective long gun registry, and to improve our democracy by moving every province closer to the principle of representation by population in the House of Commons.

However, in the past year our efforts to focus on the priorities of Canadians have been met with nothing but delay and obstruction tactics by the opposition. In some cases, opposition stalling and delaying tactics have meant that important bills are still not yet law. That is indeed regrettable.

In the case of Bill C-11, the copyright modernization act, a bill that will help to create good, high-paying jobs in Canada's creative and high-tech sectors, this House has debated the bill on 10 days. We heard 79 speeches on it before it was even sent to committee. This is, of course, on top of similar debate that occurred in previous Parliaments on similar bills.

It is important for us to get on with it and pass this bill for the sake of those sectors of our economy, to ensure that Canada remains competitive in a very dynamic, changing high-tech sector in the world, so that we can have Canadian jobs and Canadian leadership in that sector.

Bill C-24 is the bill to implement the Canada-Panama free trade agreement. It has also been the subject of numerous days of debate, in fact dozens and dozens of speeches in the House, and it has not even made it to committee yet.

Bill C-23 is the Canada-Jordan economic growth and prosperity act. It also implements another important job-creating free trade agreement.

All three of these bills have actually been before this place longer than for just the last year. As I indicated, they were originally introduced in previous Parliaments. Even then, they were supported by a majority of members of this House and were adopted and sent to committee. However, they are still not law.

We are here to work hard for Canadians. Adopting today's motion would give the House sufficient time to make progress on each of these bills prior to the summer recess. Adopting today's motion would also give us time to pass Bill C-25, the pooled registered pension plans act. It is a much-needed piece of legislation that would give Canadians in small businesses and self-employed workers yet another option to help support them in saving for their retirement. Our government is committed to giving Canadians as many options as possible to secure their retirement and to have that income security our seniors need. This is another example of how we can work to give them those options.

In addition to these bills that have been obstructed, opposed or delayed one way or another by the opposition, there are numerous bills that potentially have support from the opposition side but still have not yet come to a vote. By adding hours to each working day in the House over the next two weeks, we would allow time for these bills to come before members of Parliament for a vote. These include: Bill C-12, safeguarding Canadians' personal information act; and Bill C-15, strengthening military justice in the defence of Canada act. I might add, that bill is long overdue as our military justice system is in need of these proposed changes. It has been looking for them for some time. It is a fairly small and discrete bill and taking so long to pass this House is not a testament to our productivity and efficiency. I hope we will be able to proceed with that.

Bill C-27 is the first nations financial transparency act, another step forward in accountability. Bill C-28 is the financial literacy leader act. At a time when we are concerned about people's financial circumstances, not just countries' but individuals', this is a positive step forward to help people improve their financial literacy so all Canadians can face a more secure financial future. Bill C-36 is the protecting Canada's seniors act which aims to prevent elder abuse. Does it not make sense that we move forward on that to provide Canadian seniors the protection they need from those very heinous crimes and offences which have become increasingly common in news reports in recent years?

Bill C-37 is the increasing offenders' accountability for victims act. This is another major step forward for readjusting our justice system which has been seen by most Canadians as being for too long concerned only about the rights and privileges of the criminals who are appearing in it, with insufficient consideration for the needs of victims and the impact of those criminal acts on them. We want to see a rebalancing of the system and that is why Bill C-37 is so important.

Of course, we have bills that have already been through the Senate, and are waiting on us to deal with them. Bill S-2, which deals with matrimonial real property, which would give fairness and equality to women on reserve, long overdue in this country. Let us get on with it and give first nations women the real property rights they deserve. Then there is Bill S-6, first nations electoral reform, a provision we want to see in place to advance democracy. Bill S-8 is the safe drinking water for first nations act; and Bill S-7 is the combatting terrorism act.

As members can see, there is plenty more work for this House to do. As members of Parliament, the least we can do is put in a bit of overtime and get these important measures passed.

In conclusion, Canada's economic strength, our advantage in these uncertain times, and our stability also depend on political stability and strong leadership. Across the world, political gridlock and indecision have led to economic uncertainty and they continue to threaten the world economy. That is not what Canadians want for their government. Our government is taking action to manage the country's business in a productive, hard-working and orderly fashion. That is why all members need to work together in a time of global economic uncertainty to advance the important bills I have identified, before we adjourn for the summer.

I call on all members to support today's motion to extend the working hours of this House by a few hours for the next two weeks. For the members opposite, not only do I hope for their support in this motion, I also hope I can count on them to put the interests of Canadians first and work with this government to pass the important bills that remain before us.

Bill C-38PrivilegeOral Questions

June 11th, 2012 / 3:20 p.m.


See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, I want to commend my friend for his novel and innovative approach to this question, but I think it actually ends up being so innovative that it is far off the mark.

First, I will start by saying that I believe what he was saying was that we have to deal with this now because it is in the context of Bill C-38. I understand that is the context in which he raises his point of order.

Of course a point of order such as this has to be raised at the earliest possible opportunity. Bill C-38 was introduced into the House on April 26. We are now some month and a half later, so he is very late in raising this argument.

Second, he has not cited any particular section or provision of the bill to which he takes exception, and for which he says these important questions have not been answered. Once again, I think what he is talking about is not anything to do with any content of Bill C-38, so he is off the mark there.

Third, the kinds of measures to which he is speaking, moneys that are spent on programs and personnel, are normally reported and approved by Parliament, not by a budget implementation act but rather through the appropriations bills that appear before this Parliament. That is the appropriate point for him to raise his questions. That is the process through which Parliament would report and provide the information he is looking for.

If he is looking for more detailed information than is in one of those appropriation bills, that would be the point for him to raise those questions and points. We are not currently dealing with an appropriation bill through this House. There is no appropriation bill outstanding before this House. I expect that he may wish to return to his point of order some months hence, when we have our next appropriation bill before the House, if he feels he has not achieved satisfaction at that time, that is, if he feels that the reporting mechanisms of the government have not been sufficient. However, we certainly are not facing that situation in any way with regard to Bill C-38.

Therefore, I think his point is very far off the mark, but I would be happy to return if further submissions are required.