Bill C-38 (Historical)

Jobs, Growth and Long-term Prosperity Act

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

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

Bill C-38

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, is decorum not a nice thing when it breaks out in here once in a while?

I bring forward a question of privilege, after significant work and research, with regard to the bill we have before us in Parliament. I bear your consideration, Mr. Speaker. A letter will be forthcoming to your office to outline and explain the specific details, but we believe we do have a prima facie case of privilege. We have looked at this with very careful consideration, and I would like to thank my team for putting this together under difficult circumstances.

There are many charges of contempt that go on within this place and not all of those are privilege, but every finding of privilege is in fact a contempt. The definition of this is that the powers of Parliament to do its job, to do three things in particular, to legislate, deliberate and hold the government to account, are paramount to all of our work. We know, through the very Constitution itself, that the exclusive legislative authority of the Parliament of Canada extends to all matters coming within the classes of subjects hereinafter enumerated, “1A. The Public Debt and Property...2A. Unemployment Insurance...8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada”. This will be the focus of our point with you this afternoon, Mr. Speaker.

We have also confirmed this all the way to the Supreme Court of Canada in Canada v. Vaid in 2005, that the supremacy of Parliament to do its job in this regard is paramount and cannot be confined nor restricted. O'Brien and Bosc on page 59 confirm this and that this right, this privilege can be broken either individually for members or collectively for us as a group. We include very explicitly that the privileges of members of the governing side have also been infringed by the process that has been taken on through Bill C-38.

Page 61 of O'Brien and Bosc states:

The privileges of Members of the House of Commons provide the absolute immunity they require to perform their parliamentary work while the collective or corporate rights of the House are the necessary means by which the House effectively discharges its functions.

We have built our case, Mr. Speaker, and are confident that you will find in this that the breach of privilege conducted here is significant enough to warrant a decision from you, hastily, after other parties have had their opportunity to intervene.

In one of the last rulings by your predecessor, Speaker Milliken, on April 27, 2010, in ruling on the question of privilege surrounding the provision of information to the special committee on the Canadian mission in Afghanistan, Speaker Milliken said:

In a system of responsible government, the fundamental right of the House of Commons to hold the government to account for its actions is an indisputable privilege and in fact an obligation.

Herein lies our privilege. We have used every available tool to the opposition through questions on the order paper, requests through the Parliamentary Budget Officer, through questions during question period and at committee directed to the ministers pertaining to this issue, to understand directly and implicitly the impacts of the legislation that the government has been moving forward through its budgets and explicitly about what the cuts and implications will be for its budget measures, cuts to either services or to the number of employees who will be affected.

Allow me to say this, Mr. Speaker, and it is extremely important for your ruling, there is no dispute from the government side that the numbers in fact exist. The government is well aware of what the impacts will be on Canadians and has in fact publicly declared that the information exists. We heard from the President of the Treasury Board himself. He said in an interview with a reporter on May 9 of this year that he would like to release more information but was held ““hostage” to parliamentary reporting procedures and labour contracts, which require notices to affected employees going out before cuts could be made”.

Essentially, the government is requiring members of Parliament to vote blind on the legislation coming forward. In our conversations with the Parliamentary Budget Officer and in his conversations with the government, he has explicitly requested the information that has been made available to him, by right, under the act that the government moved as its second act, the Federal Accountability Act. Various places in the act require the government to produce, in a timely and transparent manner, information that exists.

There are two reasons why the government may withhold this information: if the information is not accessible through access to information; or if the information is confidentially provided to cabinet. The Clerk of the Privy Council has provided neither of those reasons. Herein lies the case of privilege. In citing the reasons of confidentiality because of some obligations under the collective agreement with the various unions that make up the civil service, while I may say as a caveat is a unique moment where the government has actually cared about a collective agreement with anybody under their employ, the reason given by the Privy Council, the head of the civil service, is not a valid one.

That is not a reason that he can use to block information to the Parliamentary Budget Officer. That is not an exercisable reason under the act and it in fact impedes parliamentarians from doing their work and, as I said, makes them vote blind on the actual budget. There is no cabinet confidentiality and these are not pieces of information that have been denied through access to information. To say this is critical to members of Parliament to understand before they vote on the budget is an understatement.

The government has moved a number of measures, which will have impacts on Canadian society, through the services and programs Canadians rely upon and directly through employees of the federal government and communities across this country. I would have expected members of the government to ask this question, but they have so far been mute on this point.

In breaking the Federal Accountability Act, the government has once again shown that perhaps the act is not worth the paper it is written on. This is the response we got from the Clerk of the Privy Council, in a letter written to the Parliamentary Budget Officer on May 15. It states:

...but, as indicated in the Budget document, the Government is equally committed to treating its employees fairly and respecting its contractual obligations. This means that departments will provide information to affected employees and their unions in the first instance, as required under the applicable collective agreements. Once this has happened...the Government will then begin...to communicate accordingly.

That is, it will then offer up to the Parliamentary Budget Officer and, through him, to parliamentarians the information.

The unions have been contacted and they have publicly said to the government and to the Privy Council that this does not break their collective agreement, thereby taking away the sole reason of the government to deny MPs their privilege.

I will run through the timeline and finish with this. The first thing members of Parliament sought to do was to request the information from the government, as is our obligation under the Standing Orders as members of Parliament, that is, to find out what the impacts of the bill would be. This would apply to any bill. Certainly with a bill as broad and sweeping as this, this would be important. The government denied this, either through question period or at committee. We then sought information through questions on the order paper. That too was denied. We then sought information through the Parliamentary Budget Officer, who is legally obligated and enshrined with the right to seek this information unless legally denied, which he was not. That too was denied by the government. We are now at a place where we are being forced in some short time to vote on a bill whose impacts the government understands, but refuses to share with members of Parliament and those people whom we seek to represent. This is, by all definitions we can find, an infringement of the rights and privileges of members of Parliament.

If the House cannot hold the government of the day to account, then why have the House at all? If members of Parliament cannot do their jobs and cannot go back to their constituents with a clear conscience and understanding of the legislation that has been brought before us and its implications, then why are members of Parliament in the service of Canadians at all? They are not.

We seek this through you, Mr. Speaker. We carefully went through all of O'Brien and Bosc, which offered us numerous points. I will mention one. On page 281 of Bourinot's Parliamentary Procedure and Practice in the Dominion of Canada, it states:

The right of Parliament to obtain every possible information on public questions is undoubted, and the circumstances must be exceptional, and the reasons very cogent, when it cannot be at once laid before the houses.

There is no such reason given by the government. The Conservatives do not deny that the information exists, that the cuts to services and programming for Canadians exist and are understood. They have said that, from the most senior bureaucrat down, the person who works with the Prime Minister. The President of the Treasury Board has also said that the information exists. Their reasons for denying members of Parliament their right to this information have also been shown to be not true. All that is left in defence of this place, in defence of members of Parliament, is you, Mr. Speaker, whose job and role it is to defend the institution, regardless of the sways of the political discourse that goes on every day. The institution requires us to have the information to both debate and vote with clear conscience and information. The government is denying us that information. While this may be a pathology with the Conservatives, it does not give them the opportunity or the reason to deny members of Parliament these key and critical data. It is absolutely essential for us to maintain, as best as we may through all of the discourse that goes on here, certain principles.

The principle that we in opposition hold dearly is that our job, each and every day, is to hold the government to account. There should be those on the other side who share that principle, because that is a principle shared by all of us. The Conservatives may heckle the opportunity to speak and they may suggest that there is not something of right and privilege here, but they know better.

I remember the days when that hon. members on that side stood for these principles. I remember the days when we in opposition worked with the government on its second piece of legislation, the Accountability Act, as we have quoted here today, which set up an institution that we agreed with the Parliamentary Budget Officer should seek and garner this information.

Now what do we have? We have a government that insists that members of Parliament should vote blind, that Canadians should simply trust them and that it is somehow good enough. This is not a right-left issue; this is right and wrong. The government knows it is wrong. The government has the information and is denying Parliament and parliamentarians and the people we represent access to information that we need.

There is much more that we could say, but I understand that time is pressing. I am therefore prepared to move an appropriate motion if you, Mr. Speaker, find a prima facie question of contempt.

The Budget

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

Mr. Speaker, in light of the growing economic concerns around the world, the Conservatives have chosen to present a Trojan Horse that attacks employment insurance, old age security and the environment. None of the bill's measures deal with growth.

The economic measures in Bill C-38 could have been adopted already if the Conservatives had agreed to split the bill, but in these times of uncertainty, they prefer Euro-bashing and cutting services.

How will this help the economy?

Budget Implementation Act

[John Weston, Conservative, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Mr. Speaker, conservationists, not just Conservatives, are supporting Bill C-38, the budget implementation act.

First, the bill would eliminate needless duplication of proceedings by government. The targeted inefficiencies include overlapping reviews by federal and provincial governments that do nothing to protect fisheries but interfere with jobs and economic growth.

Second, the bill would correct problems with the current habitat protection program: by clearing up uncertainty; defining more clearly what “important habitat” is; and focusing resources of the fisheries department on areas about which Canadians really care. The bill would address these faults with clearer definitions of fish habitat and stiffer penalties for offenders. The bill would also grant the minister increased flexibility to respond to the particular needs of each province.

As we approach Canada Day, I am grateful to live in the most beautiful place on earth, with such abundant resources and people who care so passionately about the legacy, environmental and economic, that we are committed to leave to our children.

Jobs, Growth and Long-term Prosperity Act

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

Mr. Speaker, the Conservatives tried to seduce Quebeckers by making promises about an open federalism that would respect their differences, but now the only federalism Quebeckers are seeing is fraught with contempt and arrogance.

The Conservatives with Bill C-38 are like pyromaniacs with a can of gas. They are torching relations with Quebec, in particular by exempting major banks from consumer protection requirements; trampling on the Kyoto protocol; reducing health care funding even though our population is aging; and proposing employment insurance reforms that, quite frankly, will harshly penalize workers, employers and the regions of Quebec.

While the Government of Quebec is stepping up its legal recourse to ensure its rights are respected, the federal government insists on saying that all is for the best in the best of all possible worlds. Quebeckers will not put up with being treated with contempt.

Motions in Amendment

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

Mr. Speaker, I would like to be able to say that I am pleased to be rising in this House, but that would not be entirely true given our current topic of debate, which is, of course, Bill C-38, the budget implementation bill.

I have heard Conservative members say again and again, and even a moment ago, in the House, in committees and during the first debates we held, that this bill is a marvel and absolutely must be passed for the sake of prosperity, jobs and so on. As a member of the Standing Committee on Finance and the official opposition’s assistant finance critic, I can tell you that nothing could be further from the truth.

This is a very harmful bill. Based on our reading of it, the bill is nothing more or less than an attack on the middle class and less well-off families. It is obvious in several respects that many provisions of this bill have been inserted specifically to put downward pressure on Canadians' wages. Consequently, it is not Canadians who will benefit from it. It will probably be the business world as a whole, which will benefit from declining wages and the competition among a larger pool of unemployed or low-income individuals on which it can draw.

What are those provisions? There are a few. There is obviously division 23 of part 4, which repeals the Fair Wages and Hours of Labour Act. That act established wages that, as its title indicated, were fair for employees, particularly in the construction industry. There are also provisions concerning the Employment Equity Act. The bill will remove employment equity requirements and thus represents a step backward in its approach to companies doing business, that is to say subcontracting, with the government. And there is obviously the issue of employment insurance.

I know my colleagues will definitely be discussing a lot of other provisions in the bill, particularly the increase in the age of eligibility for old age security from 65 to 67, immigration issues and other questions. We have a mammoth bill on our hands, as has been noted many times in the media, but I will limit myself to those three elements for the purposes of my speech.

What people need to realize is that the budget was presented in March and it has passed, although the government would have people believe that this budget implementation bill is the budget. The budget has already passed and it was an austerity budget. With $5.2 billion in cuts, it will have a rather significant impact. Not only is it an austerity budget, but it will clearly have recessionary consequences.

The Parliamentary Budget Officer stated his opinion in that regard and other economists have confirmed his opinion. This shows that the direction this government is taking will prevent us from reaching our economic growth potential, which could help us create many jobs. This austerity budget, which has been criticized by two major rating agencies, Fitch and Moody's, represents a huge economic blow delivered by this government to Quebec and Canadian companies.

Based on his own modelling, the Parliamentary Budget Officer estimated that this budget could possibly cost more than 100,000 jobs by 2015-16, although those jobs can be saved if we are really careful, given that we are currently in a period of economic uncertainty. However, we are not Greece or any of the other countries currently affected by the crisis in Europe. Our reality is altogether different. Yes, we are experiencing some economic uncertainty and we need to be careful, but on the other hand, our problem is quite different from that in Europe.

I find employment insurance very interesting. I know that I only have a minute, but I could probably talk much more about this topic. So, that is a problem. I have spoken with many of my constituents, and those who are most affected are not necessarily the employees themselves—although they will be affected—but it will be the employers. For them, seasonal work is a reality. They have no other choice. That is the case with controlled harvesting zones or with companies that must shut down two or three months out of the year for various reasons, such as that cabinetmaking company in Saint-Jean-de-Dieu. These people fear losing their workforce. A business owner was even worried about the fact that she might have to pay employees to do nothing for two or three months in order to keep them.

I will stop here for now, and I will continue my speech about employment insurance later.

[Pierre Lemieux, Conservative, Parliamentary Secretary to the Minister of Agriculture]

Mr. Speaker, I am pleased to discuss some of the provisions in Bill C-38, the jobs, growth and long-term prosperity act, and to explain why we must not let the New Democrats and the other opposition parties delay its passage.

As the Conservative government said very clearly, since 2006, our focus has been on the economy. As we have all noticed, we are on the right track in terms of jobs and growth. In many ways, Canada has done well despite the global uncertainty. For example, almost 760,000 jobs have been created since July 2009. That is the strongest job creation record in the G7.

The IMF and OECD both project that Canada will have among the strongest growth in the G7. For the fourth straight year, the World Economic Forum rated our banking system the world's best. Forbes magazine ranked Canada as the best place for businesses to grow and create jobs. Canada also has the best fiscal position in the G7 by far. Canada also has the lowest overall tax rate on new business investment in the G7.

In the words of respected financial analyst and commentator, Camilla Sutton, of Scotiabank, “the long-term story for Canada on a relative basis is still a very, very good one. There's very few other places I'd rather be than Canada...when it comes to these uncertain times, Canada holds its own and shines”.

However, we all know that global economic recovery remains fragile, especially in Europe. That is why we are focused on jobs, the economy and implementing economic action plan 2012 through Bill C-38. As successful as our past has been, we must stay focused on the present and the future. The economy must remain at the forefront of our priorities. It is the right thing to do.

The well-being of Canadians depends on a healthy economy. The well-being of my constituents of Glengarry—Prescott—Russell depends on a healthy economy.

A strong economy makes it possible for all Canadians to benefit from growth and long-term prosperity. By making sensible and responsible decisions today, we will provide everyone with a better standard of living tomorrow.

That is the goal that the Conservative government has set for itself with this bill. And that is why it is so important to move forward with this bill today, and not allow the New Democrats and the other opposition parties to delay its passage with their stalling tactics.

In my remarks today, I would like to focus on a few of the measures in Bill C-38 that would help strengthen Canada's housing sector.

The housing sector is one of the most important pieces of our economy. In my riding, certain towns like Clarence-Rockland have seen tremendous growth. Local businesses are benefiting. The local economy is benefiting. For that to continue, there is a real need for new families to choose housing in these communities. We can all agree that the housing market requires ongoing stability and close monitoring.

For most Canadian families, the biggest investment we make in our lifetimes is the purchase of a home. Families will not buy if they think the housing market is unstable. Ensuring that such an investment is secure is the responsible thing to do. That is why our government regularly monitors housing finance risks and takes action when necessary.

For example, we have adjusted the rules for government-backed insured mortgages recently on multiple occasions. In addition, in June 2011, Parliament approved legislation to formalize arrangements with private mortgage insurers and Canada Mortgage and Housing, CMHC, in an effort to better manage risks arising from the mortgage insurance sector.

Now, as part of the Conservative government's ongoing efforts to strengthen the mortgage sector, we are proposing amendments in today's bill that will reinforce supervision of CMHC and guarantee that its commercial activities are managed with a view to promoting the stability of the financial system.

Specifically, the amendments include the following: an additional objective for CMHC of ensuring that its commercial activities promote and contribute to the stability of the financial system, including the housing market; legislative and regulatory powers given to the Minister of Finance in respect of CMHC's securitization programs; powers given to the Superintendent of Financial Institutions to review and monitor the safety and soundness of CMHC's commercial activities and to report to the CMHC board of directors and HRSDC; and the addition of the deputy minister of human resources and skills development and the deputy minister of finance as ex-officio members of CMHC's board of directors.

We believe these amendments would contribute to the long-term stability of the housing market and would benefit all Canadians. We have heard a great deal of positive reaction.

Louis Gagnon, a professor at Queen's University, stated:

I believe that the federal government's plan to bring CMHC under the direct supervision of the Office of the Superintendent of Financial Institutions is long overdue.

OSFI is responsible for the oversight of insurance companies and it only makes sense to bring CMHC under its purview, since CMHC is the most systematically important insurance entity in the land and also the most vulnerable one.

This is what the respected Finn Poschmann, vice-president of the C.D. Howe Institute, said:

...the legislation will require at least annual inspections from OSFI, with reports to the board and the responsible ministers. Formalizing the requirement in legislation could do wonders for reporting and accountability, and will help the board and management reassure themselves that CMHC is carrying out its activities...“in a safe and sound manner … with due regard to its exposure to loss.” This is good....

Before concluding, I will turn my attention to the health sector where we are proposing changes to the tax treatment of certain health related goods and services. Health care is very important to the people of my riding, as it is to people across Canada. As a father of five children, I know very well how easily the costs add up when someone is affected by illness. The more our government can do to alleviate these costs during these stressful periods the better.

These changes will better reflect the changing nature of the health sector and will acknowledge the impact of the expenses related to health and disability that Canadians encounter for their own care or that of their loved ones.

For example, we are proposing to remove the GST from the professional services of pharmacists beyond those related to dispensing prescription drugs, which are already tax exempt.

We also propose to expand the list of health care professionals who can order certain medical and assistive devices that are zero rated under the GST. This reflects the increasing involvement of health care professionals, such as nurses, in giving orders for these devices. We also propose to expand the list of GST zero rated medical and assistive devices and the list of expenses an individual may claim for income tax purposes under the medical expense tax credit.

These measures represent a simple, thoughtful and appropriate way to ensure that our tax system remains fair and up to date.

I note that during the finance committee's study of today's act, the Canadian Medical Association voiced its support for the measures that I have just mentioned.

Today's act would accomplish a great deal for Canadians and it contains a host of other measures that deserve my colleagues' attention. As an example, today's act would take the first step toward making important improvements to the registered disability savings plan, or RDSP, by allowing spouses, common-law partners and parents to establish an RDSP for adult individuals who might not be able to enter into a contract themselves.

It has been my pleasure to highlight some of the key measures recently proposed by the Conservative government to keep the country on the path to growth and prosperity.

Now it is important that we work together and continue to co-operate for the good of Canada and Canadians. The measures in today's bill are necessary and will have lasting benefits.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, I thank the hon. member for her remarks.

In her opening comments, she claimed that members on this side of the House do not respect democracy. I must point out to her that democracy is not about passing a bill in haste or about saying to other hon. members, “Too bad—we have a majority”.

But let us talk about the economy. They claim that Bill C-38 will help the economy. Tourism is very important where I come from. Not only will it be affected by the changes to employment insurance, but Parks Canada services are also going to be cut. That will prevent Fort Chambly from providing the same level of service that it previously provided. Fort Chambly is one of the most frequently visited Parks Canada sites in Quebec. In spite of that, services are going to be cut, and the quality of tourism services in the region is going to be lowered, which in turn will have a negative impact on the region.

How will this contribute to economic prosperity and job creation?

[Shelly Glover, Conservative, Parliamentary Secretary to the Minister of Finance]

Mr. Speaker, I truly appreciate this opportunity to highlight some of the very important initiatives in the jobs, growth and long-term prosperity act and to speak against the opposition amendments to delay this important legislation.

I listened intently this morning to a number of the speeches. I do have tremendous respect for democracy and tremendous respect for this place in which we all work. However, the suggestion by opposition members that democracy is in question here I refute completely and wholly. This is democracy. This is democracy in its finest hour because the government is defending democracy today.

My speech will address a number of things that defend democracy here today. Before I continue, as a member of the finance committee, i will acknowledge the detailed examination of this bill at committee stage. I will give all members the facts.

The finance committee and a special subcommittee, which is one of the first times we have ever seen a special subcommittee on a budget implementation bill, studied today's bill for nearly 70 hours. This is the longest consideration of budget legislation in decades. We heard from literally hundreds of individuals and organizations, from government officials, business leaders, academics, labour groups, industry associations and countless others.

The bill we are debating today positions Canada for economic prosperity, job creation and long-term fiscal health. It is designed to create a climate for private sector investment, innovation and opportunity.

It is crucial that Canada achieve its economic potential so that it can weather another period of global economic uncertainty. The economic upheaval abroad is bound to have an impact on our economy. Even though we must not underestimate the risks, Canadians can be sure that their country is in a good position to face the challenges posed by the global economic situation, as it has done in the past. To that end, we will continue to focus on measures that will keep Canada as competitive as possible during this time of economic uncertainty.

I am convinced that the bill before us today is a blueprint for a strong, prosperous Canada.

Having said all of that, I will now talk about how today's bill builds on Canada's commitment to make us more competitive in the future by removing red tape and bureaucratic obstacles.

As a trading nation, we understand how important an efficient border is to Canadians and our economy. Canada, like many other countries, provides residents returning from abroad with a personal exemption from duties and taxes for goods purchased up to a certain dollar value. Some of these exemption limits for Canadians have remained the same for many years. Given the considerable amount of travel that Canadians undertake every year, it makes sense to update these limits, as consumer groups have long requested.

Effective June 1, 2012, residents returning to Canada after being out of the country for 24 hours or more are exempt from duties and taxes on up to $200 of goods they purchase abroad. The exemption limit for those returning after at least 48 hours abroad has also been raised to $800.

These changes would reduce red tape for travellers who bring in goods within the new exemption limits and make it that much easier for Canadian residents returning home to complete the customs process. More important, these exemptions are exactly the same exemptions the Americans have when they shop here in Canada and return home. Consistency means efficiency. Our government understands how important an efficient border is to Canadians and to our economy.

These new exemption limits would expedite customs clearance for returning Canadian consumers, making cross-border business and personal travel more convenient for Canadians.

To facilitate access to Canadian tourist destinations, Bill C-38 will also eliminate or reduce the taxes on foreign-based rental vehicles temporarily imported by Canadian residents.

Before these changes were announced in Canada's economic action plan, foreign-registered rental vehicles that were temporarily imported by Canadian residents were usually subject at the border to GST on the full value of the vehicle, the green levy and the automobile air conditioner tax.

Until recently, this type of import was prohibited by federal vehicle safety rules, unless the vehicle in question was proven to comply with all Canadian standards.

Rental vehicles temporarily imported by foreign tourists visiting Canada are generally not subject to any taxes or similar restrictions.

In other words, the bill we are discussing today will eliminate or reduce the taxes on foreign-based rental vehicles temporarily imported by Canadian residents and, consequently, will make it easier to access Canadian tourist destinations. That is a good thing.

As households across this country understand, ensuring prosperity also means being responsible in how we treat every dollar.

Canadians know the importance of living within their means and they expect the government to do the same. For example, today's legislation would modernize Canada's current system by eliminating the penny from Canada's coinage system. Over time, inflation has eroded the purchasing power of the penny and multiplied its manufacturing costs. Until penny production was halted recently, it cost taxpayers 1.6¢ every time we made a penny. For businesses, the time and cost of processing pennies has increased, taking them away from the task of growing their businesses and creating jobs.

Other countries, such as New Zealand, Australia, the Netherlands, Norway, Finland and Sweden, have made smooth transitions to a penny free economy. The government expects that businesses will apply rounding for cash transactions in a fair and transparent manner. Canadians can rest assured that they will be able to redeem pennies for full value.

As consumers and businesses begin to rely less and less on the penny in their day-to-day lives, we hope that all Canadians will consider putting their last pennies to good use by donating them to charity. Eliminating the penny from Canada's coinage system will ensure that the Canadian currency system remains efficient and responsive to the needs of consumers, businesses and the economy.

We are also proposing to simplify administrative formalities as we strengthen our immigration system.

The jobs, growth and long-term prosperity act supports the government's commitment to better focus our immigration system on our economic objectives with the following three measures.

First, we are going to return applications to some of the applicants to the federal skilled workers program and refund as much as $130 million in fees. This will shorten the backlog in processing applications in the Canadian immigration system and will allow us to focus our efforts on responding to the real needs of the job market.

Second, we are going to work with the provinces, the territories and other stakeholders to further improve foreign credential recognition and to identify the next set of target occupations beyond 2012. This will help highly qualified new arrivals to find work in the area for which they have been trained and to contribute quickly to the Canadian economy.

Finally, we will continue to study other ways to improve the temporary foreign worker program in order to support economic growth and recovery and to make the program correspond better to the requirements of the job market.

From the countless hours of testimony we heard before the finance committee, I recall the comments of Richard Kurland, noted immigration policy analyst and attorney who told us:

I feel the government is doing the right thing. This is the right solution for a problem that has been plaguing this country for over 25 years. It is the first time it's being fixed.

The door is not shut; it's just that those are no longer the skills we need.

All of these measures would help to ensure that the Canadian economy continues to move in the right direction. We must take these actions in order to respond to the challenges of today while setting out a plan that our long-term goals demand.

I, therefore, urge all hon. members in this House to please take the work of the finance committee and the subcommittee to heart. This is a good bill that would move Canada forward. It would secure jobs, secure long-term prosperity and secure our economic growth.

I implore members from the opposite side to stop arguing about process, to look at the content, to see that it is good for Canadians and to vote in favour of moving this forward.

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

Mr. Speaker, first I want to congratulate my colleague on his excellent speech, which sums up the Bloc Québécois's position on Bill C-38 very well.

I also want to ask him about his views on the proposed employment insurance reform. This reform is a direct attack on the regions, because it does not take into consideration the reality of seasonal workers in the forestry, tourism, fishery or agriculture sectors. The approach ignores the way the regional economy is structured. The bill attacks the regions by forcing workers to relocate over an hour away from their homes, and by forcing them to accept much lower wages, somewhere around 70% of their of their previous income.

I wonder if my colleague could elaborate on this issue.

[Louis Plamondon, Bloc, Bas-Richelieu—Nicolet—Bécancour, QC]

Mr. Speaker, before talking about the clause I am asking to be deleted, I would like to congratulate the leader of the Green Party on the excellent speech she has just made. The Bloc Québécois joins in her argument and is entirely in agreement with her demands regarding this Bill C-38.

Clause 16, the elimination of which I am calling for in the amendment I am proposing, concerns the Governor General. It is unreasonable for the Governor General’s salary to be doubled. About a month and a half ago, I introduced a motion in this House after discovering that the Governor General did not pay income tax. It is unreasonable for him to be the only person in Canada who pays no income tax, when the Queen of England pays tax, as do the governors general in the other Commonwealth countries.

The government agreed with my argument in the last budget: it decided to have him pay income tax. The great injustice is that it decided to double his salary because he is going to be paying income tax. I know of no one in this country, no working person, no member of the general public, who is getting their salary doubled all at once overnight. The government’s argument is that it is going to double the Governor General’s salary because he will be starting to pay income tax like all Canadians. That is absolutely ridiculous. His salary was $137,000 and it is going up to $270,000. The net salary will therefore be higher; that is unreasonable. His pension will also be higher.

The purpose of my motion was to remedy an injustice. Not only is it not being remedied, but a flagrant injustice is being created toward all members of the public, in both Quebec and Canada. Are there working people whose salaries have gone up by 100% in the last year? The government is making cuts everywhere: for seniors, unemployed workers and not-for-profit organizations. Would this not be an excellent opportunity for the government to put an end to this monarchy madness? However, doubling the Governor General’s salary because he will be paying income tax in future is not the way to do it.

Note that the Governor General receives a pension equal to 100% of his salary after spending only five years in office. Is there any citizen or worker in Canada who receives that benefit? On average, Canadians work 35 years for a pension of approximately 75% of their salary. Note as well that this is merely an honorary position held for five years. During that term, the Governor General is clothed, transported, housed and fed. He enjoys unlimited international travel and then leaves office with a pension equal to 100% of his salary. He also has 160 people in his service and an annual budget of more than $60 million in cooperation with six departments.

Let us consider the cost of the Senate. It comprises 104 senators and costs $45 million, including staff and everything else. The House of Commons costs approximately $200 million. And it will cost $60 million for this person alone. Is it normal to attach so much importance to this position? I do not believe so.

This would be a good opportunity for the government to require the Governor General to pay income tax on the same salary, to put an end to this monarchy madness in which it has been engaging since the start of the year, and to consider the will of Quebecers and Canadians.

In fact, 80% of Quebeckers and 50% of Canadians in the other provinces would like to sever ties with the monarchy.

I repeat: only 16 Commonwealth countries have maintained this link to the monarchy. It is time this government listened to the population. The Governor General must pay income tax; that is fine, but does it mean that we have to increase his salary by 100%? That is utterly ridiculous.

I do not believe the monarchy is equal to or synonymous with democracy—quite the contrary.

I am going to conclude by saying that, in addition to clause 6 of Bill C-38, which is completely unfair, we also disagree with a number of other provisions. This legislation affects 60 departments. For example, seniors will have to wait two additional years to receive their old age pensions. The changes to employment insurance were made without any consultation, without taking into account the reality of the regions.

The Bank Act is unfair to Quebec. The minister responsible, the federalist Liberal Quebec minister, is preparing to go before the courts. This will be the third or fourth time that the Quebec government has taken such action against this government. It is unacceptable for the federal government to be solely responsible for the Bank Act. It violates Quebec's Public Protector Act. As of 2016, health transfers will be reduced, but there have been no consultations on this.

So, many measures were decided in haste, with few if any consultations, and are being imposed in a 460-page document. That is unusual. It is not normal. That way of doing things is unprecedented. It completely contradicts the spirit of British parliamentarianism which, after all, is one of the noblest forms of parliament among the major democracies. However, we must take the time to debate issues.

In conclusion, I hope that clause 16 will be abolished, or at least amended so that the Governor General's salary remains the same when, in 2013, he begins paying taxes just like every other Canadian.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I was also surprised to hear the parliamentary secretary say the Conservatives have been working on these measures for years. Perhaps it was in some back room or some shadowy part of the House of Commons, but certainly not before committee and certainly not in any public, transparent or accountable fashion.

Of course, we became aware of the threat to the fisheries habitat through a leaked memo. Having had an alert from a former fisheries' biologist within the Department of Fisheries and Oceans, Otto Langer, whose concerns were reported in the media, I read the budget very carefully on March 29, in case there was anything there about proposed changes to section 35(1) of the Fisheries Act. It is not mentioned at all in the budget and is not part of a budgetary measure.

In answer to my friend, when we are looking at Bill C-38, I believe that many of the changes could have been written from within the corporate boardrooms of the oil industry, perhaps in Beijing as well as in Canada.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I rise to speak at report stage on Bill C-38, a bill that many other colleagues in the House have accurately described as an affront to democracy.

I heard my hon. colleague say that somehow we, in the opposition benches, should speak to the content of the bill. I propose to do so, but I also must point out that it is the appropriate role of the Parliament of Canada to review legislation. It is not a mere process that gets in the way of the grand aims of the particular Conservative who is ruling Privy Council. The role of Parliament is, at its essence, to review legislation.

In this case we have before us a bill of over 420 pages repealing, amending and changing over 70 different laws. We now have before us hundreds of amendments grouped into 159 votes, but we know that this legislation will not receive adequate review.

I am going to direct my comments to those aspects of part 3 that are changed in Bill C-38, but I note that my amendments cover things that are changed in part 1 under the Income Tax Act, changed roles that are important, for instance, for the various agencies that are being ended, such as the National Round Table on the Environment and the Economy, which does not end up in part 3, which is generally reviewed as the environmental changes that are hidden within Bill C-38.

There are many changes within this legislation that will have long-term, serious and negative repercussions for Canada, for Canada's society and, yes, for Canada's economy. It is a false piece of rhetoric.

We have to beware. I do not like to be Biblical very often, but let us beware of the wages of spin. We are told a lot of spin in the House all the time, told that this is going to bring great jobs and prosperity. By asserting our rights to examine Bill C-38, we are not threatening the economy; we are trying to protect the integrity of Canadian institutions and our ability to forge policies that protect the environment and develop our resources at the same time.

In that light, I want to turn to some of the evidence we heard. I was not a member of the subcommittee on finance, but at its essence the repeal of the Canadian Environmental Assessment Act is appalling. It has served Canada since 1993 and was working well up until these amendments, according to industry sources I have already cited in this House. We will repeal, under Bill C-38, the Canadian Environmental Assessment Act, and we will see a whole new act in its place.

That new act, on the basis of expert evidence to the subcommittee on finance, will not work well. It will not work well for proponents who want to build projects. It will not work well for Canadians, who have an interest in the proceedings and wish to come forward to present their concerns. It will definitely not work well in respect to first nations and their inherent and treaty rights, which the federal government has an obligation, a fiduciary duty, to respect, as numerous court decisions make clear. As well, It will not work well for industry.

We have an entirely new scheme of legislation put forward without adequate review. We have had less than 14 hours of hearings, combined, on the changes to the Environmental Assessment Act, the Fisheries Act, the Species at Risk Act, the Navigable Waters Protection Act. I do not blame those in the legal departments who drafted this bill, clearly without adequate time and without adequate preparation. The drafters of Bill C-38 have taken a sledgehammer to environmental law and policy that have served this country well for decades, and that sledgehammer approach has left environmental law and policy in ruins.

I hope the Conservative members of Parliament will examine and consider voting in support of the amendments I have put forward today in order to make Bill C-38 serve the purpose they themselves say they want: to protect the environment while pursuing economic development.

In specific cases, the proposed co-called Canadian Assessment Act 2012 fails to define what environmental screening is. It fails to describe what an environmental assessment is. The Conservatives have done so much damage to the scheme of the legislation that they have created new chasms of uncertainty. Anyone who is about to do a project will not be able to tell from reading the new so-called CEAA 2012 what it will cover and what it will not cover.

I have heard the hon. members for Wellington—Halton Hills and Dufferin—Caledon call numerous times on the floor of the House for a federal review of the appalling megaquarry proposed for Melancthon Township, and I applaud them for doing so. However, if Bill C-38 passes, we should watch out. We would not want a federal review. That is the last thing we would want, because the only thing the environmental assessment panel would be able to examine would be the effect of the megaquarry on fish, marine plants and migratory birds.

The essence of the threat posed by the megaquarry is to the water table, to the surrounding farms and to the fertility of the soil, which is absolutely world-beating. No one can grow better potatoes than they do in the soils of that area of Melancthon County, yet if that megaquarry had a federal assessment, it would be restricted to looking at the impact on migratory birds and fish. It has the effect of a sledgehammer.

The witness I want to mention, whose testimony people can read in Hansard, is Stephen Hazell. He worked as a member of the legal staff of the Canadian Environmental Assessment Agency and said exactly this: that this change will lead to greater uncertainty, more economic losses and mistakes that will cost us well into the future.

The same point was made by National Chief Shawn Atleo with the Assembly of First Nations. These changes will lead, in his words, to greater conflict, greater uncertainty, conflicts in the courts and conflicts in terms of direct action. If we are interested in democratic processes that respect all parts of society, this is not the way we want to go when we embark on large new projects.

The other pieces I must speak to in the limited time I have are my amendments, which attempt to repair the damage done by the sledgehammer to the Fisheries Act, particularly subsection 35(1). I know that the Minister of Fisheries and Oceans, in addressing the House numerous times, has claimed that the municipalities of Canada were clamouring for these changes so that when they installed various municipal works, they would not have to worry about whether there was a habitat for fish in the vicinity. That claim is belied by the vote last weekend in Saskatoon, when the Federation of Canadian Municipalities, representing hundreds of municipalities, passed a resolution on an emergency basis calling upon the Prime Minister to stop, rethink this and remove the Fisheries Act changes.

In the same tone, we have the words of four former fisheries ministers. I can mention their names in this place because they no longer sit among us. They are fine and honourable public servants. They are former fisheries minister Hon. Tom Siddon, the Hon. John Fraser, Hon. Herb Dhaliwal and Hon. David Anderson.

It is not just by chance that I stand here as the only leader of a federal political party from British Columbia. I note that those four former fisheries ministers all hail from British Columbia, where people understand that wild salmon are as important to British Columbians as the French language is to Quebeckers. It is part of who we are as British Columbians to defend our salmon when there could be changes that would allow the wholesale destruction of fish habitat that supports the sockeye, the endangered wild salmon runs and the coho. Why would we make changes in this place that would do such damage to the linchpin of environmental protection in Canada?

Subsection 35(1) of the Fisheries Act does not protect just a few fish. It is a fundamental piece of legislation and is part of federal jurisdiction in the Constitution that leads to the protection of fresh water. It leads to the protection of grizzly habitat, of forests and of ecosystems. Without subsection 35(1) of the Fisheries Act remaining intact, we open up the gangway to reckless destruction not only of our extraordinary natural resources but of nature itself.

We are constantly being told that we have a false choice, that we have to choose hell-bent-for-leather economic development with no attention to what it means to first nations rights and sustainability of natural capital. As I mentioned in the House before, we are told that the planet is a business in liquidation, and everything must go as quickly as possible.

I beg my Conservative colleagues in this place to reflect on the voices of their former colleagues, people like the former member of Parliament for Red Deer, Bob Mills, who pleaded that we keep the national round table, and people like the former fisheries ministers and scientists right across Canada. Report stage is the time to rescue Bill C-38 from being a bill that destroys the environment over the long term to one that respects it.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, we are now at the report stage. I am very sad to say that the Government of Canada has been totally deaf to our entreaties to reconsider its outrageously anti-democratic approach to the budget implementation bill, an approach which will have profound implications for our country. Simply stated, the Conservative government has said to Canadians, “This is how we do things and that is the way it is going to be”. It brings to mind the schoolyard bully who never felt the need to explain his actions but just went ahead and did what he wanted to do.

However, I have news for the government. Canadians do not like it and they are waking up to the way the government is doing things. Who would have thought that Canadians would be familiar with procedures such as prorogation or time allocation during debates or the use of in camera in committees? Slowly but surely, Canadians are beginning to understand these procedures and beginning to question what the government meant when it promised, six and a half years ago, to be open, transparent and, most of all, accountable. I believe Canadians are beginning to feel that there is a contradiction between what has been promised and what is actually being done by the government.

It has come to this. All the opposition parties have been asking the government from the start to split the enormous, 425-page Bill C-38. That way, the changes that are not directly or even indirectly related to the budget but that will have significant consequences on our country could be addressed separately.

I am talking about the changes that affect the way we assess the environmental risks associated with developing our natural resources. I am talking about changes to the Fisheries Act, which will put endangered species at greater risk of extinction. I am also talking about changes to the criteria for old age security, or the OAS eligibility age, which will go from 65 to 67 as of 2023.

In our analysis, we found that this change is not necessary and that the Canadian economy has the means to allow Canadians to receive old age security at 65. In any event, is this change proposed by the government so urgent for the economy that we need to include it in this budget bill? Why does this change not merit its own bill?

The same can be said about the unprecedented changes to employment insurance, which could result in significant changes in the regions, especially those where seasonal employment is the norm. These are unprecedented changes and the federal government has not even taken the time to consult the provinces, which could be hard hit by a decline in population or an increase in requests for social assistance.

In all, more than 60 pieces of legislation would be modified, created or deleted by Bill C-38. The government's only argument for charging ahead is that the economy is fragile and it cannot wait. This is, of course, preposterous since many of the changes in the bill are not remotely time critical or, in many cases, even related to what we would expect in a budget implementation plan. Old age security changes would be 11 years away. Why do the Conservatives think they can behave this way? And will somebody in the government explain to me why Canada's economic stability is critically dependent on changes to the Fisheries Act being implemented immediately?

We live in a democracy. In democracies, even those with majority governments, there is a proper way to enact legislation and it is not by cramming a very large number of pieces of legislation into a single bill.

I would like to repeat an important point. Not only should Bill C-38 be split into several bills dealing with the environment, fisheries, employment insurance and old age security, among other things, but a government committed to working with the provinces would have consulted them before going ahead with Bill C-38, a bill that will definitely affect the provinces.

Unfortunately, this government ignores everyone and consults no one. This was the case recently with the premiers of the Atlantic provinces on the issue of employment insurance and with the National Assembly last Friday, which once again voted unanimously on changes to employment insurance.

We in the Liberal Party knew from the beginning that the government would not suddenly become reasonable. It is simply not its style. We knew that its members would charge blindly ahead with no intention to listen to reason or to compromise and damn the torpedoes. For that reason we decided that in addition to speaking out loudly and clearly about the government's abuse of democracy, we needed also to maximize the effectiveness of our procedural tactics. If I may say, here the Liberals have quite a bit of experience. We did try to propose substantive amendments to Bill C-38 in committee, but they were rejected. The government simply refused to listen. The result is that we introduced 503 report stage amendments to delete clauses that we felt were unacceptable to this bill.

In addition to this, we worked closely with the member for Saanich—Gulf Islands and told her we would support any substantive amendments that she proposed and with which we agreed.

I recognize that the Conservative government has the majority of seats in the House of Commons. I respect that reality. Ultimately, that allows it to do what it wishes. However, that does not mean that ignoring the arguments raised by opposition parties is the smart way to behave, given that opposition parties sometimes propose sensible amendments to government bills. In fact, one might argue that a smart majority government will occasionally listen to the opposition parties and sometimes put a little water in its wine. That is a smart move. It is viewed not so much as a concession or a surrender, but more as a willingness to work together, something Canadians admire and expect from their politicians. So far, this has not happened, but it is not too late.

If this government is willing to listen and make compromises, we could work together in the interest of Canadians.

My party is prepared to vote right now on the parts of Bill C-38 that are related to the budget, but the clauses in Bill C-38 that have no direct bearing on the budget should be removed. The government should not be trying to hide important changes to Canada's legislation in this bill.

The Prime Minister did not raise the issue of changing the age of old age security in the last election. He did not talk about overhauling the environmental assessment regulations and legislation or the Fisheries Act. He never mentioned important changes that were coming for employment insurance. These require fulsome debate as well as consultation with the provinces.

I close by appealing to the government to listen to reason. At the end of the day, it can get a great majority of what it wants. However, what it needs to remember is that Canadians will judge it by the way it goes about it.

Speaker's Ruling

[The Speaker, Andrew Scheer]

As members are aware, the chair does not ordinarily provide an explanation on the basis for the report stage ruling. In cases where there are a large number of amendments or where the relations among them are complex, it has been found helpful to provide some description of the underlying organization of the ruling. I believe that the case before us today is one in which the House may benefit from some comments in this regard.

I remind the House that my comments are limited to addressing procedural issues relating to report stage and to my responsibility as Speaker to ensure that the relevant provisions contained in the Standing Orders are complied with.

On February 27, 2001, the House adopted a motion to add an additional paragraph to the “note” to Standing Order 76(5) and 76.1(5). That additional final paragraph added to the note reads as follows:

For greater clarity, the Speaker will not select for debate a motion or series of motions of a repetitive, frivolous or vexatious nature or of a nature that would serve merely to prolong unnecessarily proceedings at the report stage and, in exercising this power of selection, the Speaker shall be guided by the practice followed in the House of Commons of the United Kingdom.

As mentioned in the House of Commons Procedure and Practice, at page 778, “This occurred in response to the flooding of the Notice Paper with hundreds of amendments”.

Following the adoption of this new note in the Standing Orders, Speaker Milliken made a statement, Debates, March 21, 2001, pages 1991 to 1993, regarding how the Chair would interpret this note which has formed the basis of our current practice with regards to the selection of motions at report stage. If I may add, this process appears to have effectively served the House since that time.

Given the infrequency with which similar cases to those that led to the introduction of the note have arisen in the past decade, the Speaker has little in the way of precedent to guide him in arranging the report stage motions in a manner which will adequately reflect the various competing interests in the House.

In reviewing the motions placed before the House, there are essentially two types of motions the Chair has received. First, hundreds of motions to delete individual clauses in the bill have been placed on notice as well as a second group of amendments which seek to amend the text of a clause.

The recent precedents in relation to both types of motions are clear. For example, motions to delete clauses have always been found to be in order and it must also be noted have been selected at report stage. These motions are allowed at report stage because members may wish to express views on a clause without seeking to amend it. As is the case on such occasions, I have tried to minimize the amount of time spent in the House on this kind of motion by grouping them as tightly as possible and by applying the vote on one to as many others as possible.

The second group of motions, which seek to amend the text of individual clauses, have been submitted by members who had no opportunity to present amendments at committee stage and, consistent with the current practice, their motions have also been selected, except in the case where similar motions had already been considered by the committee and where all other procedural requirements have been met. The grouping of these motions follows the divisions of the bill. Motions have been grouped by the members submitting them for each clause of the bill. The vote on the first motion will be applied to the member's other motions in that class.

Although 871 motions have been placed on the notice paper, it is clearly not intended, nor do our rules and practices lend themselves to the taking of 871 consecutive votes. With respect to the voting table, substantive amendments have been grouped so as to allow for a clear expression of opinion on each of the subject areas contained in the bill. Motions to delete have been dealt with in conformity with the grouping scheme outlined above.

As your Speaker, I am fully aware of the extraordinary nature of the current situation. In reviewing the March 2001 statement by then Speaker Milliken, I was struck by the following, which I feel might have some resonance today:

As your Speaker, I am ready to shoulder the report stage responsibilities that the House has spelled out for me. However, I think it would be naive to hope that the frustrations implicit in the putting on notice of hundreds of motions in amendment of a bill will somehow be answered by bringing greater rigour to the Speaker's process of selection.

Since the decision of the House on February 27, 2001 to add the final paragraph to the note in the Standing Orders regarding report stage, there are few precedents to guide the Speaker in dealing with this type of situation. In my selection of motions, in their grouping and in the organization of the votes, I have made every effort to respect both the wishes of the House and my responsibility to organize the consideration of report stage motions in a fair and balanced manner. To the extent that some may have differing views concerning the decisions taken, it may be that the House or perhaps the Standing Committee on Procedure and House Affairs will wish to revisit the adequacy of our rules and practices in dealing with cases of this extraordinary nature.

There are 871 motions in amendment standing on the notice paper for the report stage of C-38.

The Chair will not select Motions Nos. 570, 571, 576, 626 to 628, 630, 842 and 843, since they require a royal recommendation. The Chair will not select Motions Nos. 411 and 412, because they were defeated in committee.

Motions Nos. 27, 29, 39, 55 to 61, 71, 73, 75, 83, 85 and 545 will not be selected by the Chair as they would introduce inconsistencies.

All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76.1(5) regarding the selection of motions in amendment at the report stage.

The motions will be grouped for debate as follows:

Group No. 1, Motions Nos. 1 to 15.

Group No. 2, Motions Nos. 16 to 23.

Group No. 3, Motions Nos. 24 to 26, 28, 30 to 38, 40 to 54, 62 to 70, 72, 74, 76 to 82, 84 and 86 to 367.

Group No. 4, Motions Nos. 368 to 410, 413 to 544, 546 to 569, 572 to 575, 577 to 625, 629, 631 to 841 and 844 to 871.

The voting patterns for the motions within each group are available at the table. The Chair will remind the House of each pattern at the time of voting.

I shall now propose Motions Nos. 1 to 15 in Group No. 1 to the House.

Bill C-38—Speaker's Ruling

[The Speaker, Andrew Scheer]

I am now prepared to rule on the point of order raised on June 5, by the hon. member for Saanich—Gulf Islands regarding the form of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

I thank the hon. member for Saanich—Gulf Islands for having raised the matter, as well as the hon. Leader of the Government in the House of Commons, the hon. House leader of the official opposition, the hon. House leader of the Liberal Party, and the hon. members for Winnipeg Centre, Winnipeg North and Thunder Bay—Superior North for their comments.

The foundation of the arguments brought forward by the member for Saanich—Gulf Islands is that Bill C-38 has not been brought forward in a proper form and is, therefore, imperfect and must be set aside. Specifically, the member relies on Standing Order 68(3), which states that, “no bill may be introduced either in blank or in an imperfect shape”.

In laying out her case, she argues that in its current form the bill fails the test of being “a proper omnibus bill”; first, because it lacks one central theme, that is “one basic principle or purpose”; second, because it fails to provide a link between certain items in the bill and the budget itself; and third, because it “omits actions, regulatory and legislative changes” that are purported to be included in it by representatives of the government.

In response, the government House leader indicated that Bill C-38, as a budget implementation bill, had as its unifying theme the implementation of the budget. This, he reminded the House, arose from the adoption of the budget by the House. To use his words, “The budget sets the clear policy direction and the budget implementation bill implements that direction” and is “a comprehensive suite of measures designed to ensure jobs, economic growth and long-term prosperity”.

Before I address the arguments put forward in this case, it is perhaps useful to remind members of what the provisions of Standing Order 68(3)—the basis of the point of order raised by the Member for Saanich—Gulf Islands—refer to. House of Commons Procedure and Practice, Second Edition, at page 728, states:

Since Confederation, the Chair has held that the introduction of bills that contain blank passages or that are in an imperfect shape is clearly contrary to the Standing Orders. A bill in blank or in imperfect shape is a bill which has only a title, or the drafting of which has not been completed. Although this provision exists mainly in contemplation of errors identified when a bill is introduced, Members have brought such defects or anomalies to the attention of the Chair at various stages in the legislative process. In the past, the Speaker has directed that the order for second reading of certain bills be discharged, when it was discovered that they were not in their final form and were therefore not ready to be introduced.

Furthermore, at pages 730 to 734, members can find a description of the various elements that comprise a bill. A bill must have a number, a title, an enacting clause, and clauses. It may also have a preamble, interpretation and coming-into-force provisions, and schedules.

Having reviewed Bill C-38, I can assure the House that it contains all of the required elements and is therefore in proper form in these respects. In addition, the requisite notice was given for its introduction and the bill was preceded by a ways and means motion, as is required. It is also duly accompanied by a royal recommendation.

Now the member for Saanich—Gulf Islands has taken the argument of imperfect shape one step further in stating that Bill C-38 is not in the proper form and that it is not, in her words, “a proper omnibus bill”.

Here again it is perhaps useful to return to House of Commons, Procedure and Practice, second edition which states, at page 724, in reference to omnibus bills, “Although this expression is commonly used, there is no precise definition of an omnibus bill”.

It then goes on to state that:

In general, an omnibus bill seeks to amend, repeal or enact several acts, and is characterized by the fact that it is made up of a number of related but separate initiatives. An omnibus bill has “one basic principle or purpose which ties together all the proposed enactments and thereby renders the bill intelligible for parliamentary purposes.” One of the reasons cited for introducing an omnibus bill is to bring together in a single bill all the legislative amendments arising from a single policy decision in order to facilitate parliamentary debate.

At page 725, O'Brien and Bosc goes on to state:

It appears to be entirely proper, in procedural terms, for a bill to amend, repeal or enact more than one Act, provided that the requisite notice is given, that it is accompanied by a royal recommendation (where necessary), and that it follows the form required.

Naturally, there have been a number of rulings on the subject. Among these is a ruling given by Speaker Sauvé on June 20, 1983, which can be found at pages 26537 and 26538 of Debates, where she stated that:

—although some occupants in the Chair have expressed concern about the practice of incorporating several distinct principles in a single bill, they have consistently found that such bills are procedurally in order and properly before the House.

On April 11, 1994, Speaker Parent faced similar objections to another budget bill—C-17—when a member argued that the House was being asked to take a single decision on a number of unrelated items. As can be found at pages 2859 to 2861 of the Debates, the Speaker disagreed, noting that in the Chair’s opinion:

—a common thread does run through Bill C-17; namely, the government's intention to enact the provisions in the recent budget, including measures to extend the fiscal restraint measures currently in place.

The second argument raised by the member for Saanich—Gulf Islands, which is irrevocably linked to her first argument regarding the need for a central theme, was that there were elements found in Bill C-38 that were not provided for in the budget. It would be useful, at this juncture, to remind members that the long title of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, is very broad, as is typical in bills of this kind. Clause 1 of the bill, which contains its short title, provides that “This act may be cited as the Jobs, Growth and Long-term Prosperity Act” and thus restates the very broad scope of the measure. O'Brien and Bosc, at page 731, notes that the long title sets out the purpose of the bill, in general terms, and must accurately reflects its content.

Speaker Fraser, on June 8, 1988, at page 16257 of the Debates, also referred to the use in our practice of generic language in bill titles and stated that, “every act being amended need not be mentioned in the title”.

If the long title had been specific and limited in scope, then the hon. member might have had a sounder basis for claiming that the bill went beyond what was contained in the budget. However, the title of Bill C-38 is wide in scope, and therefore, it is an accepted practice that the content of the bill could be similarly broad.

The third point raised by the member for Saanich—Gulf Islands relates to her contention that representatives of the government, during debate at second reading of Bill C-38, claimed that the bill gave legislative effect to policy decisions that are not in fact contained in the bill.

What the member is raising here is perhaps a question of relevance in debate or a dispute as to facts. As Speaker Milliken stated at page 5411 of the Debates on October 27, 2010:

It is not the Speaker's role to determine who is right and who is wrong. I know there are disagreements over some things that are said in this House, but it is not up to the Speaker to decide either way.

It may well be that members, in their remarks, spoke about elements of the government's fiscal or regulatory policy intentions that were not contained in the bill, or that may flow from the bill if it is passed. These are matters that are beyond the purview of the Speaker. Given the generous latitude for relevance which is typically accorded to members on such wide-ranging debates, including that on the budget, it is in keeping with parliamentary practice that issues raised in debate would not exactly mirror the contents of legislation in every respect. As such, while these concerns are certainly pertinent to the wider debate surrounding the bill, they do not, in and of themselves, point to a technical deficiency in the bill itself.

As the member for Saanich—Gulf Islands noted, my predecessors have frequently been called upon to rule on matters pertaining to omnibus bills. In this regard, her argument that, “… there is a compelling case that the House must act to set limits around omnibus legislation” is one that has been made before. On these occasions, the key question faced by Speakers has been: What is the role of the Chair in dealing with such matters?

As Speaker Sauve said on March 2, 1982 at page 15532 of the Debates:

It may be that the House should accept rules or guidelines as to the form and content of omnibus bills, but in that case the House, and not the Speaker, must make those rules.

Speaker Fraser, in the June 8, 1988 ruling referred to by the member, advanced his own view of the role of the Chair in dealing with omnibus bills, by stating, at page 16257 of Debates:

Until the House adopts specific rules relating to omnibus bills, the Chair's role is very limited and the Speaker should remain on the sidelines as debate proceeds and the House resolves the issue.

Indeed, the member for Saanich—Gulf Islands herself also recognized the limited role of the Speaker in such circumstances, stating:

It is clear that the Speaker is not, at present and in absence of rules from the House to limit the length and complexities of omnibus bills, entitled to rule that an omnibus bill is too long, too complex or too broad in scope.

It may well be time for members to consider our practices for dealing with omnibus bills. However, in the absence of any clear rules, I find myself agreeing with Speaker Fraser, that the most appropriate role for the chair is to step aside and allow the House to determine the matter.

When addressing similar matters in relation to omnibus bills, Speaker Jerome on May 11, 1977, at page 5523 of Debates, and Speaker Parent on April 11, 1994, at page 2861 of Debates, both suggested that members could propose amendments at report stage to delete clauses they felt should not be part of a bill, or vote against it. We all know that this has certainly been done with respect to Bill C-38.

In the same ruling by Speaker Parent, again at page 2861 of Debates, he stated:

—it is procedurally correct and common practice for a bill to amend, repeal, or enact several statutes. There are numerous rulings in which Speakers have declined to intervene simply because a bill was complex and permitted omnibus legislation to proceed.

Perhaps the Standing Committee on Procedure and House Affairs, which is engaged in a review of the Standing Orders, could examine this thorny issue as part of its study, but until such time as the House feels compelled to set new limits on omnibus legislation, as your Speaker, I must continue to be guided by current rules and practice.

Having reviewed the submissions made by hon. members and the relevant precedents, including the many rulings just cited, the Chair cannot agree with the hon. member for Saanich—Gulf Islands to conclude that Bill C-38 is not in the proper form and therefore should not be allowed to proceed.

In the absence of rules or guidelines regarding omnibus legislation, the Chair cannot justify setting aside Bill C-38 and accordingly must rule that Bill C-38, in its current form, is in order.

I thank hon. members for their attention.