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.

Search and Rescue

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I am very happy to have the opportunity to speak to the motion introduced by my hon. colleague from St. John's East.

This issue is very important to me, because I represent a maritime region. Many coastal communities are very concerned about maritime search and rescue operations, which save the lives of fishers, mariners and pleasure boaters, who flock to the Gaspé and the Magdalen Islands.

People condemn the fact that there is a double standard in Canada right now. One standard applies on weekdays, from 8 a.m. to 4 p.m. During that time period, it takes 30 minutes to launch a search and rescue operation to save fishers or mariners. I am not saying that search and rescue workers do not give their all. These people are clearly very brave, and we really appreciate the dangerous work they do. They go through some very intense training.

The fact is there is simply not enough staff for dealing with the high volume of recreational boaters who are active outside regular working hours, on weekends, which, statistics show, is when 80% of the emergency calls enter our system.

There is a major disconnect between the service offered and the resources required to have the first-rate service we deserve in a free and democratic country such as Canada. We expect first-rate service.

Recently, there was question as to whether closing the marine rescue centre in St. John's, Newfoundland, would have an impact. For example, a sea captain with a health problem radioed the centre, but the centre did not have enough staff. The call had to be directed to a doctor in Rome. First, obviously the doctor was not familiar with the Newfoundland dialect. Second, he was unfamiliar with the Grand Banks of the Atlantic Ocean. Third, he did not know the risks this poor captain was facing. All this is very worrisome.

The budget cuts the Conservatives are proposing today, with Bill C-38 for instance, will endanger the lives of our fishers, mariners and recreational boaters. Canadians expect the federal government to protect them, but this government is abandoning them.

Frankly, Bill C-38 should not be passed by this House and today's motion moved by the hon. member for St. John's East on the staff at the search and rescue centres, is a good reason why not. We do not have the means to save Canadians' lives and we should be ashamed.

The Conservatives are offering solutions to fix the staff shortage. We already know that many of the fixed-wing search and rescue aircraft need to be replaced. What is the government proposing as a replacement? It is proposing the F-35 fighter jets. Those planes are not built for saving lives. They are built for war.

Should the Conservative government's top priority not be Canadians' health and safety, instead of going ahead with plans to declare war elsewhere? Resources absolutely have to be in place here, in Canada, but that is just not the case. The Cormorant, Griffon, Hercules and Buffalo aircraft are all in an abysmal state of repair. We absolutely must replace a great deal of our equipment, and that is just not happening.

There are delays and discussions. There is talk, but no action. We have seen the consequences of not replacing equipment. We can cite the death of Burton Winters in Makkovik, Labrador, which is really not that far from Gander, where there is a rescue centre. We should have been able to save that young man, but we did not mainly because we did not have the resources. If someone finds themselves in trouble after four o'clock in the afternoon, too bad for them. There is a good chance that they will not make it because the Government of Canada is not there to provide the help they need and expect.

Quite frankly, it is shameful to spend money on F-35s when the lives of Canadians are at risk. Many Canadians died last year, and that will continue. It is a real shame.

It makes no sense to endanger the lives of our fishers, mariners and pleasure boat operators in the name of budget cuts. We must obviously consider the state of Canada's finances, but not to the point where we jeopardize people's very lives. This is what is troubling about the Conservatives. Perhaps they misunderstood the consultations conducted last year. The Standing Committee on National Defence travelled to Gander and Halifax, and committee members met people and heard testimony from individuals who requested improved and increased resources and better service.

The committee was unfortunately unable to publish its report. Many members in the House may not have had a chance to read the testimony. I invite members from all parties to take note of the evidence received by the Standing Committee on National Defence in late January or early February of last year. It would definitely be instructive to read it even though the report was not published.

We understood that Canadians felt the Conservative government was not doing enough. In fact, it is even doing the opposite. It is cutting budgets at a time when we need more resources. It is making cutbacks of nearly $80 million at Fisheries and Oceans Canada. It has made cuts to the Coast Guard. The vessel traffic services centres are shutting down, and the rescue centres are closing. No service improvements are planned, quite the contrary. More people will definitely be at risk than in the past. I believe the Conservatives will pay a heavy price for the choices they are making today. Endangering people's lives in order to save pennies—mere scraps—is incomprehensible.

The government claims to be saving $1 million by closing the Quebec City rescue centre. The Trenton rescue centre, however, which was supposed to replace it in large part, is unable to do so. Nearly $1 million will have to be spent to upgrade it to the level of the rescue centre being closed.

You do not save money just to spend it later. Doing that not only risks the lives of fishers, mariners and pleasure boaters, but it also puts the lives of francophone fishers, mariners and pleasure boaters at particular risk.

In a recent report, the Commissioner of Official Languages pointed out that closing the search and rescue sub-centre in Quebec City will put francophones especially at risk. Clearly, Trenton is not likely to have a large bilingual population. I know that the people in Trenton do a very good job—it is a renowned military centre—but the fact is that they are not known for their bilingualism or their ability to understand the Acadian accent and dialect.

In addition, the government has closed the rescue sub-centre in St. John's, Newfoundland, and transferred the staff to Halifax, but the people there do not know the Grand Banks or the Newfoundland dialect. The government is putting people's lives at risk to save a few bucks. We do not even know for sure that this move will save money. At the end of the day, I believe it will cost money and lives, and that is truly shameful. It makes no sense to risk the lives of our fishers, sailors and pleasure boaters.

The Conservatives will have to answer for this, and they should be ashamed.

Transboundary Waters Protection Act

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, I thank my hon. colleague for his question and for his positive comments on the bill. As for his comments about a minister's comments on ballast water, I am not familiar with the comments he is referring to. However, I can tell the member that his wording of “loosening” certainly would not be a true statement because we have tightened the ballast laws on incoming foreign ships into the Great Lakes system and other lakes and rivers in Canada, not loosened them. Therefore, he is certainly mistaken there.

As far as Bill C-38 goes, there is all kinds of good stuff in there, and fearmongering by the opposition and others about some of those changes is simply that, fearmongering.

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, our party does intend to support the bill at second reading and I applaud the member for introducing it. It is important legislation that would contribute to safeguarding our water.

The member mentioned the $17.5 million put toward protecting Asian carp and yet the parliamentary secretary travels to a foreign capital to urge it to loosen its ballast water regulations. There is a bit of an imbalance in terms of the approach the government is taking, which leads me to my question.

Protecting our water resources requires strong environmental regulation. We have seen from the omnibus legislation that is coming down that those regulations will be loosened. While I applaud the member for this legislation, I wonder how the government will be able to deal with protecting biodiversity, protecting the integrity of our soil, our air and our water. Could the member speak to this? Maybe he has other legislation prepared to fill in the gaps that would be created by Bill C-38?

Fisheries and Oceans

[Randy Kamp, Conservative, Parliamentary Secretary to the Minister of Fisheries and Oceans and for the Asia-Pacific Gateway]

Mr. Speaker, none of that is true. The changes to the Fisheries Act that are contained in Bill C-38 would allow Fisheries and Oceans Canada to focus more effectively in a practical way on the protection of commercial, aboriginal and recreational fisheries.

There are some additional protections in that act. For example, it would allow the minister to identify some ecologically sensitive areas, which he currently does not have the ability to do, which will provide even greater protection to those fisheries than they currently have.

There are some new tools to identify and regulate aquatic invasive species, which is a serious problem in this country.

Protecting Canada's Immigration System Act

[Rick Dykstra, Conservative, Parliamentary Secretary to the Minister of Citizenship and Immigration]

Mr. Speaker, I appreciate the opportunity to speak to the bill.

Having listened closely to the previous speaker's presentation on your ruling, Mr. Speaker, I will speak to one point on the issue that relates to Bill C-31 and to Bill C-38.

There are a number of issues in Bill C-38, our budget bill, that have a lot to do with immigration. I appreciate the member's description of what the opposition's role is in terms of keeping the government to account and accountable. However, what he failed to mention was the amount of time allocated in committee for both Bill C-31 and Bill C-38. Bill C-38 was given an unprecedented amount of time for debate, more than for any other bill in recent history. The fact is that the member would not and did not acknowledge the hours and hours spent debating each and every one of these clauses at committee, which is part of the parliamentary process. He did not even want to acknowledge the time given by the government, in agreement with the opposition, to have that debate.

I have said that because we took exactly the same approach with Bill C-31. We opened the doors at committee and said that we should bring in all witnesses. The opposition members believed that this was a big, fundamental bill that would change the refugee system in our country so they wanted to hear from all the experts in the country. Even though we had gone through the entire process once already, we went through it again. I did not hear an acknowledgement from the member opposite for the efforts made in terms of our parliamentary process and listening to what people had to say, and not just witnesses but all members of the opposition who had the opportunity to present their changes, thoughts and beliefs on what the bill should look like. With respect to Bill C-31, there were two significant amendments that were made at committee. These were not amendments that had to be made. As everyone knows, there are enough votes at each of our committees here on the Hill for us to win without having to make changes, without having to do anything other than that this is what will be moved forward for third reading and this is the bill that will receive royal assent.

In our case, we heard from witnesses and we made two significant changes. One had to do with cessation. The way the clause could have been interpreted, an unintended consequence could have been the potential for that individual to lose permanent residency if the country of origin had changed status. We made adjustments to that piece of the legislation. We also made a significant change to the detention issue for irregular arrivals. The original clause included a detention period of up to 12 months. Upon hearing from experts and witnesses who presented their case, the minister and the government listened and made a significant decision. We said that individuals who arrive in what is deemed an irregular arrival, as we saw with the Sun Sea or the Ocean Lady in British Columbia, they would have a hearing after 14 days. Subsequently, if they have been determined to have or not have success with respect to their refugee application, they would be given another hearing after six months.

Therefore, contrary to what the opposition members have been saying over the last week about this government's position with respect to listening, it does listen and it has listened. Bill C-31 is a stronger bill today at third reading than when it was introduced at first reading. Contrary to what the opposition members are saying, this government does spend a lot of time listening, understanding and moving toward the best piece of legislation that we can put forward.

In fact, it speaks to our refugee system here in the country. We welcome more resettled refugees than almost any country in the world. Based on the continued implementation of Bill C-31, which encapsulates a number of pieces of Bill C-11, which was our original refugee reform act, we will have an additional 2,500 refugees per year settle into our country, which is a 20% increase.

It again shows that Canadians have always been known to be fair and compassionate. Our country has a long and proud humanitarian tradition. This bill only strengthens that tradition all the more.

However, it is safe to say that our system, and it is no secret, is also open to abuse. We see that abuse on a daily basis. We are a generous and welcoming people but we do not have tolerance for those who take unfair advantage of our country. Canadians have told us loud and clear again and again that they want a stop put to the abuse which exists within our immigration system. By introducing Bill C-31, and where we are today at third reading, we will see and have shown to those people in this country who have asked us to, that we will protect the integrity of immigration and our refugee system.

There are three main areas covered by the bill which are all interrelated.

First, Bill C-31 includes further and much needed reforms to our asylum system. While the Balanced Refugee Reform Act went a long way to reforming Canada's refugee system, further reform is absolutely necessary. The opposition likes to ask why. The answer is very simple but it cannot be found by using political rhetoric. This is all based on a very factual, necessary and purposeful argument.

We need to look at the cold, hard and indisputable facts. In 2011, Canada received a total of 5,800 refugee claims from democratic, rights respecting member countries of the European Union. That is an increase of 14% from 2010. That number is actually more than the number of claims that we receive from Africa or Asia. There is a simple problem here. The top source country for refugee claims is Hungary, which is an EU member state. Of all refugee claims in 2011, 4,400, or 18%, came from Hungary. That is up almost 50% from 2010.

What is even more telling is that in 2010, of the 2,400 claims made by Hungarian nationals, only 100 of them were actually made in countries other than Canada. They all came to Canada to make a refugee claim from one country, except 100. There is a problem here. There is an obvious issue that needs to be dealt with. It means that Canada received 2,300 claims from Hungary, which is 23 times more than any other country has received from Hungary. The fact that most gets to the core of why further refugee reform is needed is that virtually every one of these claims was abandoned, withdrawn or rejected. Refugee claimants themselves are choosing not to see their claims to completion, meaning they are not in genuine need of Canada's protection. In other words, their claims are bogus.

The reason these claims are bogus is that people are choosing to come all the way to Canada. They have a choice. There are 26 other countries right next door and most, if not all, are part of the EU. These bogus claimants come here to exploit Canada's generous asylum system because of the lucrative and expensive taxpayer funded health care, welfare and other social benefits that are allowed under the current system we have in place. In fact, these bogus claims y cost Canadian taxpayers in excess of $170 million, and that was just last year alone.

Bill C-31, protecting Canada's immigration system act, is part of our plan to restore integrity to our asylum system and restore Canadian's confidence in our immigration system. The bill would make Canada's refugee determination process faster and fairer and would result in faster protection for those who legitimately need refugee protection. It would also, and this is the important aspect of it, ensure faster removal of those whose claims are withdrawn, those claims that are bogus and those claims that have been rejected.

We will speed up the refugee claims process in a number of ways. For example, one major component of Bill C-31 is the improvements to the designated country of origin provision. This will enable the government to respond more quickly to increases in refugee claims from countries that generally do not produce refugees, such as most of those that are in the European Union. Claimants from those countries will still have the opportunity to be heard in terms of their application and to be deemed refugees in Canada.

Contrary to what the opposition has said, there is, for every person who claims refugee status in this country, an opportunity to be heard and an opportunity to have their case determined by the Immigration and Refugee Board. We will change that process so that it will take close to 45 days versus close to 1,100 days that exists now, more than on average three years to process a refugee application in this country.

If 97% or 98% of claims from particular countries are abandoned or withdrawn, we can just imagine how many months and how many years an individual can take advantage of the Canadian system just because of the number of days it takes to get through this process. This will happen no more. We will turn the system around. We will ensure that everyone gets a hearing and we will ensure it is completed within and about as close to 45 days as possible.

The designated country of origin provisions, which I mentioned and are included in Bill C-31, would bring Canada in line with its peers. Countries, like the United Kingdom, France, Germany, Switzerland, all recognize that some countries are simply safer than others and we can presume them to be so based on criteria, both quantitative and qualitative, that are included within the bill itself. Therefore, refugee claimants from those designated safe countries may be reasonably considered under the expedited process, the 45 day process that I mentioned.

We have had some discussion about the UN lately. I am encouraged, or at least listening, when the opposition stands to speak in favour of pretty much anything that the UN does. I thought it would be important this morning to show that the United Nations High Commissioner for Refugees, António Guterres, has acknowledged that by saying:

...there are indeed safe countries of origin. There are indeed countries in which there is a presumption that refugee claims will probably be not as strong as in other countries

Mr. Guterres also agreed that as long as all refugee claimants have access to some process it is completely legitimate to accelerate claims from safe countries.

I will take that one step further. Abraham Abraham, who is the former United Nations High Commissioner for Refugees, also is not opposed to the process upon which we have designated safe countries. He indicated:

...as long as this is used as a procedural tool to prioritize or accelerate examination of applications in carefully circumscribed situations, and not as an absolute bar.

We are not just implementing a process that is being used everywhere in a number of countries in the world. We are using a process that is endorsed and understood to be a correct one. It does not exist in our Canadian system as it is right now.

I want to underscore, despite what the opposition has said, that every refugee claimant will continue to receive a hearing before the independent quasi-judicial Immigration and Refugee Board regardless of where he or she came from. Furthermore, every refugee claimant in Canada will have access to at least one level of appeal. These procedures exceed the requirements of both our domestic law and our international obligations.

I will add this is not the purpose nor the reason for passing the bill, but there is a financial benefit to the process in which we will now receive and determine refugee applications. We will save not just federal taxpayers, but provincial and territorial taxpayers, $1.65 billion over a five-year period.

How will we use that money? The premiers, finance ministers and ministers of immigration across this country will tell us exactly how they could use that money, whether it be for settlement services, or whether it be for enhancing health care delivery. What we are offering is an opportunity for savings, an opportunity for that money to be used not to fund bogus claims, not to finance those who want to take advantage of our system, but to actually assist Canadians here in our country.

Unfortunately, what is lost in debate over the bill is what it will mean for genuine refugees who are fleeing persecution and who fear for their lives. Under Bill C-31, genuine refugees will receive Canada's much needed protection much more quickly. They will not be waiting three years in the determination process, but will be waiting as little as 45 days to know that they indeed have a home here in Canada. I cannot for the life of me understand how the NDP and the Liberals could be against that process.

Bill C-31 includes tough but fair and necessary measures to combat, deter and crack down on the criminal act of human smuggling. On this side of the House, we are not scared to face the issues of human trafficking and human smuggling. We will face them like no government in this country has before, and we will continue to do that.

Until recently, most Canadians believed that large-scale human smuggling was something that did not happen here, that it was something they just read about in the paper. They thought it only happened in other countries, for example, Australia.

That all changed in 2009 when Canada witnessed the arrival on the west coast of the MV Ocean Lady, which carried 76 migrants. It was almost as if it were a test case to see what would happen when the ship arrived, because less than one year later, the MV Sun Sea came, which held close to 500 migrants. This was not a cruise ship. This was not a ship designed to hold individuals. This was a ship designed specifically by human smugglers who take advantage of these individuals and extract as much money as they can, $30,000, $40,000, $50,000, from individuals, who end up spending most of their lives paying that money back. The smugglers would put these individuals on not much more than a freighter to come across the ocean and land here in Canada.

Just as we have new members who are seeing individuals who are not true refugee claimants come to Canada to take advantage of our system, so we have human smugglers who understand the business of smuggling and the lowest common denominator in terms of which country will accept the individuals and how to take advantage of that. Not only are they taking advantage of our country, but they are taking advantage of the individuals.

We all know the stories. On board many of these ships are criminals and terrorists from a country and the human smugglers themselves who, unbeknownst to others, are dressed as if they are also in a position to claim refugee status in our country.

That is going to change. We are going to let the world know that human smuggling is not only unacceptable in this country, but that there will be a very significant price to pay for those who want to get into this business.

We do not have to look too far back to the past number of short weeks and months to know that we are catching these individuals. They are being sought out. They are being charged and they will be convicted. That is how we will stop this business.

There are so many more parts of Bill C-31 that are critically important, whether it be human smuggling, whether it be the issue of irregular arrivals, or whether it be the system itself in terms of how long it takes. We are moving from a system that takes 1,000 days on average to answer a refugee application submitted to the minister to one in which it will take anywhere from 45 days for those who are coming from designated safe countries, versus those who are coming from non-designated safe countries. There is an appeal process in place for each one of these individuals.

There is a process in place where we are now responding to those who truly deserve to be in our country. The best part of all of this is it sets in place a process that is fair to Canadians.

Bill C-38

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

Mr. Speaker, I rise today with respect to the point of order that was raised by the member for Saanich—Gulf Islands a number of days ago. We have heard from the Liberal Party and the government. New Democrats want to add our voice to the conversation in, hopefully, a timely and brief manner.

I rise in support of the motion by the member for Saanich—Gulf Islands with respect to her concerns and the concerns shared by many of us in this place about the manner in which the government has moved Bill C-38, the omnibus budget implementation act. My friend made a number of points. Some of them, we would suggest, are stronger than others for your purview, Mr. Speaker, but on the central theme we find ourselves in agreement.

On many of the concerns that were raised, you have heard from the official opposition New Democrats throughout question period, public commentary and in conversations in the House with you, Mr. Speaker, on the nature and form of the bill and the concerns we share with Canadians of its effect on members of Parliament to do our jobs. This is why I appeal to you directly, Mr. Speaker, in the decision that you have to make because, ultimately, it is your choice in the way we conduct ourselves as members of Parliament and the House conducts itself.

Let me take care of one point right away that the government has raised as a measure of defence of the process that we are engaged in with this more than 400-page budget implementation act, extending over more than 700 clauses, affecting as many as 70 acts of Parliament, either revoking them entirely or modifying them significantly. We have never seen the scale and scope of a bill like this before in parliamentary history, from our purview and the purview of experts who have watched this place over many years. Therefore, let us do away with the idea that the government believes that having a number of hours of debate either here or in committee has somehow satisfied the test that Canadians and parliamentarians understand what is in this act. That is, frankly, not the case. It is almost impossible to understand all of the implications that have been brought in with this act because the government is withholding certain pieces of information, which we will bring to your attention in days to come.

The first point that the member for Saanich—Gulf Islands raised was around the fact that there is no central theme to the bill, thereby making it inadmissible or detrimental to Parliament and parliamentary democracy.

The second point raised was that there was little or no link between the budget itself and what the government has called the budget implementation act. In passing conversation with somebody not as familiar with this place as members are, a Canadian would assume that a budget implementation act would be explicitly linked to the budget by its name and form. Yet we find within the budget implementation act many pieces of government policy that are never mentioned at all in the budget. One example is the removal of Canada from the Kyoto protocol. There is no mention of this in the budget whatsoever, no mention of any aspect of climate change policy or anything to do with that particular act of Parliament, and yet in the budget implementation act there are a couple of lines that remove Canada from that international treaty.

Aside from concerns about whether one agrees or disagrees with the government's intentions with respect to climate change and its lack of actions, the point has to be made that if a government is introducing a budget implementation act with all sorts of measures that have nothing to do with the budget itself, it becomes a budget act in name only. In the actual function, the government is piling in a number of initiatives, policies and new directions for the government that should stand alone and independent for discussion by MPs and the Canadian public.

The intervention by my friend in the corner suggests that for members of Parliament to be able to do our jobs, we need to be able, in good conscience, to hold government to account. Her third point was that the bill is not ready and imperfect and she made a number of interventions on that, which I will not touch on too much.

To your role in this, Mr. Speaker. Ultimately you are the arbitrator of this place and the defender of our privileges and efforts as members of Parliament to do what Canadians send us to Parliament to do, which is to hold government to account. That is not simply the role of opposition members. So too is it the role of government members in this place. They too are encumbered with the effort to hold government to account at all times.

If we remember parliamentary history, there was a time in this country that, when MPs were elected and then needed to be placed in cabinet, they actually had to run in a byelection because their role had fundamentally changed to one in which they were defending the government's policy, that is in cabinet, as opposed to sitting as a member of Parliament regardless of party affiliation. That role is fundamentally different.

The concern that we have is twofold. We have seen a trend of increasing cynicism from Canadians towards politics in general and towards this—

Fisheries and Oceans

[Randy Kamp, Conservative, Parliamentary Secretary to the Minister of Fisheries and Oceans and for the Asia-Pacific Gateway]

Mr. Speaker, the short answer to the question that the member for Saanich—Gulf Islands included in her question originally is that the latter is not true.

Let me provide a little more information. The Fisheries Act was originally established to protect Canada's fisheries resources and define federal responsibilities for the management of fisheries and the related protection of fish and fish habitat.

The current habitat protection provisions of the Fisheries Act are broad in scope, requiring protection of all fish habitat, regardless of their value to Canadians. Concerns about the broad and even unintended scope of the application of the existing regulatory regime have been raised by stakeholders across this country. This country, not China.

Farmers and landowners have criticized the department for applying its mandate and resources to areas with low contribution for fisheries. In addition, significant risk to fisheries have emerged that are not appropriately considered in the Fisheries Act, such as those posed by aquatic invasive species.

Many stakeholders over the years have asked us to focus on the significant impacts to significant fisheries. Many stakeholders have also asked us to find ways to work more effectively with the provinces and conservation groups. They have asked us to apply our resources strategically to ensure that Canada's fisheries can benefit Canadians today and for future generations.

In response to these challenges, the Government of Canada is proposing to renew and strengthen its current approach to management and fisheries protection through amendments to the Fisheries Act. These amendments would focus the government's protection efforts on recreational, commercial and aboriginal fisheries.

It would also draw a distinction between vital waterways that support Canada's fisheries and those that do not contribute to productive fisheries, such as drainage ditches in some cases and storm water management ponds.

They would identify and manage important threats to the fisheries, including direct impacts to fish, habitat destruction and aquatic invasive species.

Let me be clear that the rules will continue to protect Canadian fisheries waters from pollution, as they have in the past, and the proposed legislative amendments would provide additional clarity on the application of the law.

Proposed in Bill C-38 are a new suite of tools that help strengthen our protection of commercial, recreational and aboriginal fisheries. We will now be able to identify ecologically significant areas, such as critical spawning habitat for sockeye salmon and provide enhanced protection for those critical zones.

In addition, infractions under the Fisheries Act will now be aligned with those set out in the environmental enforcement act, which provides higher maximum penalties. This will ensure that those who break the rules are subject to stiffer penalties.

Through these amendments, we will also be able to establish new, clear, and accessible standards for projects in or near water. It makes good common sense that the government should be able to minimize or eliminate restrictions on routine activities that pose little or no threat to fisheries, while at the same time maintaining appropriate, reasonable and responsible protection for Canada's commercial, recreational and aboriginal fisheries.

A renewed Fisheries Act will provide us with the tools to develop effective regulations prohibiting the import, transport and possession of live aquatic invasive species, such as Asian carp, which are threatening the Great Lakes.

The Government of Canada takes the protection of our country's commercial, recreational and aboriginal fisheries very seriously. Given the importance of the fisheries from coast to coast to coast, we must focus our efforts on the effective protection of these fisheries. Their long-term sustainability and productivity are our priority.

Bill C-38

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I want to rise to offer some supplementary comments to the point of order raised on Monday by the hon. member for Saanich—Gulf Islands, and further to the submissions that were just advanced by the House leader for the Liberal Party.

The hon. member for Saanich—Gulf Islands in her arguments went on to cite at some length some academics and some press clippings, but not really zeroing in on the full content of Speakers' rulings.

She did reference a few Speakers' rulings and did the odd selected quotation from them, but I think it would be useful for the House to hear some more complete citations or quotations from those decisions of the Chair that actually capture the essence of those decisions on how a bill such as Bill C-38 should be dealt with.

In the ruling on the 1982 energy bill, Madam Speaker Sauvé said, at page 15532 of 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.

Therefore, having heard argument and having examined Bill C-94, I must now rule on the basis of existing precedents, which do not support the proposition that the bill should be divided or struck down.

I emphasize “or struck down” because that is what she is asking you to do in this case.

Madam Speaker Sauvé also ruled on June 20, 1983, at page 26538 of Debates, on the western grain transportation bill, as follows:

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

This bill does not even meet that test of distinct principles. It is all one principle, the implementation of our budget.

The hon. member for Saanich—Gulf Islands also quoted some decisions of Mr. Speaker Fraser, including one reference which even she acknowledged was “at best obiter dicta”.

In his June 8, 1988 ruling on the Canada-U.S. Free-Trade Agreement, he cited the 1982 ruling of Madam Speaker Sauvé, who called it, at page 16257 of Debates, “the Chair's traditional position”. That led Mr. Speaker Fraser to say:

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.

He cited himself in his later rulings on April 1, 1992, at page 9149 of Debates, and December 7, 1992, at page 14735 of Debates.

Underpinning her submissions were what the member for Saanich—Gulf Islands described as Mr. Speaker Lamoureux's so-called misgivings in a January 26, 1971, ruling.

Let me add to the record the paragraph she left out on page 284 of the Journals, which immediately followed the one quoted by the member for Saanich—Gulf Islands.

The Speaker went on to say:

At the time, having now reached second reading and having had this bill before us for some time, I doubt whether we should take the very drastic and extreme position, as I suggest to hon. members it would be, of saying that this bill is not acceptable to the House, that it should not be put by the government and that it should not be considered by hon. members. In my view it should be the responsibility of the Chair, when such bill is introduced and given first reading, to take the initiative and raise the matter for the consideration of the House by way of a point of order.

Indeed, as the hon. member for Saanich—Gulf Islands opined in her opening remarks, at page 8719 of Monday's Hansard:

—I still think there is a compelling case that the House must act to set limits around omnibus legislation.

Later, at page 8720, she conceded that:

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.

What she is seeking to do, through a point of order, is try to have the Speaker in fact implement new rules, effectively new Standing Orders. That is, of course, not the proper way of proceeding. Moreover, it is worth noting that over the decades of the prevailing status quo, the House has not availed itself of any opportunities to vary the status quo with regard to the Standing Orders in this matter.

I will not repeat myself from Monday afternoon when I articulated the consistent theme of Bill C-38, as it related to the implementation of this year's budget, economic action plan 2012. It is a comprehensive suite of measures designed to ensure jobs, economic growth and long-term prosperity, a package which, as you will recall, Mr. Speaker, was endorsed by a vote of the House on April 4.

Therefore, in conclusion, Bill C-38 is not only built around a consistent theme, but its construction is not, as noted by your predecessors, for the Chair to veto.

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

Mr. Speaker, I would like to take this opportunity to respond to the point of order that was raised earlier this week by the member for Saanich—Gulf Islands concerning Bill C-38.

Simply stated, I wish to reiterate that we in the Liberal Party also have deep concerns about this legislation. That the government's argument for putting it forward in its current form is that it is all essential in order to help us stimulate our fragile economy is completely disingenuous and frankly very misleading.

For example, the government's plan to change the age for receiving old age security from 65 to 67 beginning in 2023 is hardly a critical budget decision that must be taken at this time and within this bill. I dare say most of us will not even be here 11 years from now.

Another example has to do with all of the changes to environmental and fisheries legislation. The government would have us believe that these changes have to happen right away to protect our fragile economy, but these laws will have serious repercussions and must be debated in the context of their own bills.

What has happened with Bill C-38 is quite astounding. This now infamous budget megabill has caused outrage from one end of the country to the other and the remarks of the hon. member for Saanich—Gulf Islands certainly mirror the concerns expressed by Canadians. Simply put, there is no common thread uniting all the elements of this massive bill. What is more, many of the elements are not even of a budgetary nature, even by the wildest stretch of the imagination. As such, Bill C-38 is not a legitimate omnibus bill.

We know that budget bills can be quite lengthy, but clearly, this government has brought the meaning of the term “omnibus” to an unprecedented level.

The Leader of the Government in the House of Commons can tell us that the bill does have a common thread—the budget—but I beg to differ. The government should not be using the budget as a catch-all to introduce everything including the kitchen sink.

For example, if we look at clause 52 of the bill, we will see that it enacts an entirely new piece of legislation called the Canadian environmental assessment act, 2012, within a single clause of a 753 clause bill. This clause only received a maximum of 15 minutes consideration at committee.

The rules and practices surrounding omnibus bills are in place for a reason. How can members of Parliament adequately study such a bill when its content is so wide ranging and disjointed. Dare I say it, perhaps that is what the members on the other side were counting on.

I must underline, in the strongest possible terms, the fact that legislation such as this makes it almost impossible to scrutinize properly. A budget bill dealing with financial measures and taxation is one thing. The hodgepodge of clauses impacting more than 60 pieces of federal legislation before us is a completely different proposition.

In conclusion, I truly hope that the government splits this bill into several parts, because the fact is that Canadians want several parts of Bill C-38 to be addressed separately. I trust that you will rule accordingly, Mr. Speaker, and I thank you for that.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I am not quite as enthusiastic as the member for Saint-Laurent—Cartierville, but I will try.

This morning, my hon. friend, the member for Edmonton—Leduc and chair of the hard-working Standing Committee on Finance reported to this House that Bill C-38, the Jobs, Growth and Long-term Prosperity Act, has passed the committee and been recommended for adoption by the House.

I am pleased that the Standing Committee on Finance followed the lead of the House with respect to the longest debate on a budget bill in the past two decades. The committee gave this bill the longest consideration for a budget bill in at least two decades. That is in addition to the subcommittee spending additional time to consider the responsible resource development clauses.

This very important legislation, our budget implementation legislation, economic action plan 2012, will help to secure vital economic growth for Canada in the short, medium and long term. Given the fragile world economy that is around us, this bill is clearly needed, so we must move forward. Therefore, I plan to start report stage on the bill Monday at noon.

In the interim, we will consider second reading of Bill C-24 this afternoon. This bill would implement our free trade agreement with Panama, which I signed when I was international trade minister, some 755 days ago. It is now time to get that bill passed.

Tomorrow, we will consider third reading of Bill C-31, the protecting Canada's immigration system act, so the Senate will have an opportunity to review the bill before it must become law, within a few weeks' time.

Next week I plan to give priority to bills which have been reported back from committee. It goes without saying that we will debate Bill C-38, our budget implementation bill. I am given to understand that there is a lot of interest this time around in the process of report stage motion tabling, selection and grouping.

Additionally, we will finish third reading of Bill C-25, the pooled registered pension plans act, and Bill C-23, the Canada–Jordan economic growth and prosperity act.

The House will also finish third reading of Bill C-11, the copyright modernization act. The bill is a vital tool to unlock the potential of our creative and digital economy. It is time that elected parliamentarians should have their say on its passage once and for all. I would like to see that vote happen no later than Monday, June 18.

If we have time remaining, the House will also debate second reading of Bill C-24, the Panama free trade act, if more time is necessary, as well as for Bill C-7, the Senate reform act, and Bill C-15, the strengthening military justice in the defence of Canada act.

The Budget

[Bob Rae, Liberal, Toronto Centre, ON]

Mr. Speaker, I wonder if I might draw the attention of the government to Bill C-38, which is in fact the 750-clause piece of legislation that deals with the environment and in one clause changes the entire Environmental Assessment Act; it deals with old age pensions, raising the age of access to old age pensions to 67; it cuts EI dramatically, with details that are still forthcoming, and we still do not know what they all are; and it deals with environment and fisheries.

I would like to ask the government: Does it not see the fairness and the logic of dividing up this bill, of giving this House the opportunity to deal with it, of giving the provinces and the premiers—

Third Reading

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Madam Speaker, I am pleased today to speak to Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts.

At first glance, this measure seems to be a good one. However, it turns out to be a half measure when we take a closer look. That is exactly what was done by the House of Commons Standing Committee on Finance and even more so by the NDP in the House. This bill really has holes and problems. It has to be studied in its entirety, and we must figure out why the government has introduced this bill.

In Bill C-38 , the Conservatives attack seniors. That is clear. Just look at the provisions concerning the old age security program and the guaranteed income supplement.

The government has decided to increase the retirement age from 65 to 67 without providing any explanation. We posed questions to the Minister of Finance at the Standing Committee on Finance. The opposition was very insistent and, in the end, the government admitted that the savings would amount to $10.8 billion in 2030. The government is therefore balancing its budget at the expense of seniors and future generations, and that is a problem. We must understand where the government is coming from when we study this bill.

One of the first things that is obvious about the RPPP is that this product is very similar to an existing product, the RRSP.

In fact, RPPPs are more comparable to RRSPs—because they are administered by banks and financial institutions that will invest the money in the markets—than to a pension plan for seniors or future retirees.

On the weekend, one of my constituents told me that when he was younger, people talked about retiring at 55. They believed that if they invested as much as their advisor told them to into a retirement plan or their RRSP, they would be able to retire at 55, no problem. Today, that constituent is still working even though he is over 55 because these retirement investment products fluctuate with the market and the market has been turbulent lately. The investor's retirement income depends on the market.

What we are talking about today is exactly the same thing. It seems like the government has learned nothing from past mistakes and is doomed to repeat them. It claims it is introducing a product for the people who need it. Obviously everyone wants to have a stable and guaranteed retirement. However, this product does not offer such guarantees.

I would say it is like an RRSP because the employee is told to invest in this plan, but the employer is in no way forced to contribute to it. Therefore it is the employee who assumes all the risk. Of course, the employer might contribute, but that depends on his goodwill.

The government currently has tools such as the Canada pension plan and, in Quebec, the Quebec pension plan. These are solid plans.

No one across the way can deny that the Canada pension plan works, that it is well run and ensures a good retirement for those who are lucky enough to benefit from it: workers, self-employed workers, and people in the public and private sectors.

This plan exists and that is why we are saying that instead of creating a product that is similar to RRSPs or TFSAs, which we already have, the government should be investing in a plan that works. According to witnesses at the Standing Committee on Finance, the cost-benefit ratio for taxpayers is very high. It costs less to administer the CPP than to create a new product.

One problem is that this product is administered by financial institutions that want to generate profits. We know this; it is normal. At whose expense are these financial institutions going to make their profits? At the expense of those who have invested in this product. In this case, there is no guarantee. We talked about the fact that regulations might be brought in to ensure that the fees are not too high. However, there can be no guarantee that those fees will not go up over time. And when those fees go up, who loses? Who will have less money in the end? The people who paid in will lose. In this case, it will mainly be employees.

Rather than helping employees and people who are going to retire, the government is helping financial institutions, which, clearly, are already at an advantage thanks to the choices this government has made with previous budgets and the most recent budget. All the government is doing is continuing to reduce their tax rate so they can generate more profits. However, those profits do not go back to the common people. They do not go to those who want to retire with dignity and prepare for their future. Once again, clearly, this government does not have the best interests of seniors at heart.

My colleague from Thunder Bay—Rainy River introduced a bill to protect pension plans in case of bankruptcy. During the last election campaign, I met people. One person came to see me to say that we had come up with a very good idea, something that would protect them. He had spent a good part of his life working for Nortel, investing, working hard and keeping the economy going. Money was invested in his pension for the future. He was promised that he would be protected when he retired. We all know what happened in the end. Nortel went bankrupt. Because pensions were not protected, he is now living in misery. That is what he told me. This man's plight touched me deeply. He had tears in his eyes when he said that he had worked, he had invested, he had done everything he was expected to do, and yet the government failed to protect him.

What I find so difficult to understand is why the government does not really want to protect seniors, the people who truly helped build this country, who worked very hard. Thanks to these people, Canada has made progress in terms of the economy and quality of life. The government should be thanking them and telling them that they have worked hard, but what is it doing instead? It is giving them the cold shoulder. Not only that, but it is also attacking them. They worked hard and set money aside, but the government does not even want to protect them. What a shame to see that kind of attitude from the government.

As I said, that is what we are seeing in the budget, in Bill C-38. All of that and various changes have resulted in a record gap between rich and poor. That gap has been growing steadily since the Second World War. Of course, former Liberal governments have to take some of the blame, but so does the Conservative government.

The Conservative government is aware of the situation. The Conference Board of Canada and the OECD are saying it. The facts are there. The gap between the rich and poor is growing wider and wider, particularly in Canada, where it is growing more rapidly than in the United States. Imagine that. The United States has always seemed to be the prime example when it comes to this gap. Of the industrialized countries, Canada has surpassed the United States and other countries in how fast this gap is widening. It is because of measures like the budget and this bill that we are seeing these differences. Why? It is because the government is not helping those who need it most.

When we talk about old age security and the guaranteed income supplement, we are talking about people— seniors who are living on the edge of poverty. This government's solution is to tell them to work two years longer—to increase the age of retirement from 65 to 67—and that things might be better for them later. This is a completely ideological way of doing things. As the OECD said, there is no problem; this is purely a government decision.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Thank you.

Thank you to my colleagues.

I want to touch on some things briefly. I'm fascinated. When I was going to university I spent some time at Great Bear Lake as a fishing guide, so I spent some time in the Territories. I was in Coppermine, but at that point it was still the Northwest Territories; it wasn't Nunavut then. I haven't been to the Yukon yet, but I'm hoping to fix that this summer.

I truly hope that as a committee we can have a serious discussion about visiting some of these communities, because I find northern Canada to be absolutely stunning and beautiful. The best part about it, of course, is the people who live there.

Mr. Jenkins, I think you have a unique opportunity to tell us about the difference. Right now we're going through our budget bill, Bill C-38, which is going to harmonize and find the most common sense path so that we don't have duplication and get bogged down. We're putting in some definitive timelines when it comes to the government's responsibilities in permitting and the environmental assessment process.

You talked about YESAA. I want you to have an opportunity to reiterate, even though some shortcomings have been identified. How much of a benefit was it to go to that one review, that simplified, streamlined process? Have you seen any indication that there has been any degradation of the environment, or that any environmental considerations have been put at risk because of that harmonized regulatory and legislative approach?

Finance

[James Rajotte, Conservative, Edmonton—Leduc, AB]

Mr. Speaker, I have the honour to present, in both official languages, the ninth report of the Standing Committee on Finance, regarding its study of the subcommittee's report on Bill C-38.

Pursuant to Standing Order 109 of the House of Commons, the committee requests the government table a comprehensive response to this report.

I also have the honour to present, in both official languages, the 10th report of the Standing Committee on Finance in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

The committee has studied the bill and has decided to report it to the House without amendment.

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

We have learned through the Budget Implementation Act, Bill C-38, and also through near-daily announcements, that a huge number of federal scientists will be fired in the coming weeks and months. One of your mandates is to protect the fish habitat. You have signed several bilateral agreements. For example, the Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem specifically addresses habitat protection. I am wondering if Fisheries and Oceans Canada's mandate will change because the Fisheries Act will have been transformed to the point where it will not be possible anymore to protect fish habitat. We will not have the scientists to do the inventory, if you like, of fish stocks. Some stocks may collapse if their habitat is not protected.

If we do not have this protection, if we do not have the scientists, and if we do not have the mandate to protect fish habitat anymore, how will that change the mandate of your commission? How are you going to change the way you operate, if this information, this data, or the scientists, are not there anymore, if Fisheries and Oceans has lost its mandate?