Jobs, Growth and Long-term Prosperity Act

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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

Opposition Motion—Scientific and social science expertiseBUSINESS OF SUPPLYGovernment Orders

June 5th, 2012 / 3:15 p.m.


See context

NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I have the honour to rise today in support of this motion, which focuses attention not only on the massive cuts to research, data and evidence that can be found in the budget bill currently before the House, but also to speak to the government's contempt for information, research and advocacy since the beginning of its mandate.

Research is a core driver of economic competitiveness, environmental protection, and health and safety. Objective, publicly funded research and statistical data is necessary for our public service to be able to serve all Canadians, especially since service provision is the majority of the work of the federal government. The government has made it its mandate to obscure objective facts in favour of controlling and privatizing information to create narratives that suit its priorities.

It is crucial that research be credible. In order for it to maintain this integrity we must be sure that private funding of our research respects the autonomy and independence of our researchers in their objectives and in their methodologies. Yet this last budget has proposed refocusing the National Research Council to be “business-led”, and is increasingly concentrating on targeting post-secondary research to meet “business needs”. I know that research often relies on private funding, as much as private interests rely on the research provided to them.

I know that much innovation comes from these partnerships, but this is not what the government is proposing. What it has done is increase the control that it and private interest have on what research is being done and how it is being done. That is a frightening move for the credibility of Canada's research.

By increasingly removing critical financial supports and increasingly correlating research to demand-driven funding models in order to service profit-driven demands, we are systematically inhibiting our research integrity and competitiveness.

We have seen many instances of the government obstructing research before. One of the first things the government did in 2006 was slash $5 million from the Status of Women agency and make a series of changes to its purpose. The independent research fund was abolished, and the mandate of the women's program was changed to explicitly exclude any project having to do with research and advocacy. While the funds themselves have since been recommitted to the agency, the independent research fund has not reappeared and the mandate of the agency continues to forbid research and advocacy. The purpose of this is clear. The government is ignoring the deeper, systemic injustices that women repeatedly encounter because the injustices do not fit the government's world view. Effective, long-term planning and investment in social programs, while proven to be in the best interests of women and the economy at large, are something the government fears.

As a member of the status of women committee, I hear every week from expert witnesses who are still suffering from the long-term effects of this strategic shift.

Carmela Hutchison is president of the DisAbled Women's Network Canada, which is the only organization that represents disabled women, the largest minority group in Canada. She wrote to me to say:

We could write volumes about the health and safety consequences to millions of women and girls with disabilities in Canada which are due to the lack of publicly funded research and statistical information already! How can this Government propose any further cuts to research and data collection when this information is essential to informing your honourable Members and all Canadians about the health, safety and the economic well being of millions of women with disabilities in this country, who continue to be the poorest citizens of this country!

When we look at Bill C-38 and its anti-information cuts, which are overwhelming in their scope, we see that what happened to women in Canada will happen in almost every community and sector, from first nations to academia. It is most acute in the field of environmental science. The fact of climate change is something that the government needs to suppress as quickly as possible in order to serve the corporate interests of its friends.

However, the ethically repugnant muzzling of scientists is certainly not all we are facing. The cuts to Library and Archives Canada, Statistics Canada, the National Council of Welfare, the First Nations Statistical Institute, and even the CBC are moves against the cultural identity of Canada.

Our heritage and history are deeply affected by these cuts. There is a relationship between dismantling Library and Archives Canada, discrediting Statistics Canada and disabling the CBC, which becomes clear when one considers that the government is aggressively pursuing a mandate to create a Canadian narrative that suits its interest rather than reality.

If it targets Library and Archives, we will have fewer resources available that describe what Canada once was. If it utterly destroys our ability to produce credible statistical data, we will not know who we are now. When it entirely abolishes the National Council of Welfare and the First Nations Statistical Institute, it is preventing social scientists from understanding trends and finding solutions. Couple this with the witch hunt we are witnessing against the CBC and the subsequent slashes to its budget and we see a weakening of the only mainstream Canadian broadcaster that is mandated with communicating our diverse heritage and cultures.

I was alarmed when the Minister of State for Science and Technology announced this past March that he was planning on refocusing the National Research Council and in May announced that he was changing the direction of the Social Sciences and Humanities Research Council in order to strengthen its ties with the private sector. SSHRC, like the NRC, is a public research-funding body that is mandated with funding innovative research that benefits all Canadians, not just the business sector. Yet, in his own words, the Minister of State for Science and Technology said that this is a great opportunity to focus the NRC more toward the business end to be “a one-stop, 1-800, 'I have a solution for your business problem'.”

Coming from an academic background, I know that privately commissioned research where the objectives are determined by private interests and not the researchers themselves is simply not credible. As an MP, I have witnessed the fact that our public service providers require our research councils to conduct research on behalf of all demographics and communities, not just businesses. As a citizen, I do not agree that my taxes be spent to subsidize the needs of businesses before the needs of families.

In conclusion, without credible research all Canadians will see a decline in the quality of their service provisions the way women have over the past eight years. Innovation will be stalled by the control of private interests over what it is we study.

I seriously urge this House to consider the long-term effects of these cuts and I urge us to ask ourselves this. Who does the suppression and rewriting of information benefit? When did the needs of big business supplant the needs of citizens? Where will Canada be in 5, 10, 20 years without credible statistical data upon which we can base future planning?

If there is one thing the now abolished National Council of Welfare has taught us through its research, it is that short-term investments in human capital and communities reap long-term economic gains. It is frivolous, short-sighted and fiscally irresponsible for the government to be dismantling these institutions.

I hope that this debate enlightens the members opposite as to the dangers they are precipitating in the budget bill. I hope that they will support the opposition motion.

Fisheries and OceansOral Questions

June 5th, 2012 / 3:05 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the hon. memer for Trinity—Spadina already raised today in question period the decisive vote of the Federation of Canadian Municipalities urging the government to remove non-budgetary environmental items from Bill C-38.

My question is for the Minister of Fisheries, since he has repeatedly referenced FCM as a supporter of the bill and in fact said, “countless other municipal leaders have been calling for these types of reforms for many years”. Now that we can count them on the fingers of one hand, will the government admit it made a mistake in going after and gutting the Fisheries Act in Bill C-38?

The BudgetOral Questions

June 5th, 2012 / 2:40 p.m.


See context

NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, a lot can happen in a week. While hundreds of organizations oppose Bill C-38 because of its despicable content, now mayors from across Canada also oppose it, because the government likes to cut corners when the time comes to consult Canadians. Among other things, the mayors want all changes to legislation on the environment and on fisheries to be properly examined in committee, so that Canadians' voices can be heard.

Will the government stop going it alone and start listening to the municipalities?

Opposition Motion—Scientific and Social Science ExpertiseBusiness of SupplyGovernment Orders

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


See context

Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Madam Speaker, this is the first time that I have spoken in this House as the lead critic for the Liberal Party.

I would like to thank all those who make it possible for me to do the job of representing the people of Kingston and the Islands for their support.

I also thank those who made it possible for me to study and work in the field of science, and that includes the Government of Canada and the Natural Sciences and Engineering Research Council. I thank the member for Burnaby—Douglas for his motion today that allows us to discuss the value of science and the effects on ill-considered cuts to scientific research programs of the Government of Canada.

Today, before I focus on the main idea of my speech, I will mention some things that concern me and what are ill-considered cuts to research. Two examples that come from NSERC, which have already been mentioned in debate today, are the proposed elimination of the research tools and instrumentation program which provides money to buy and repair medium-sized equipment and is crucial to building a research laboratory, and the major resources support program which is crucial to funding the operation of infrastructure that the Government of Canada has already invested in. It is crucial to allowing us to get a return on our investment.

Scientists are telling me that cutting the research tools and instrumentation program is like sending carpenters to work without hammers. They are using words like “major disaster” or “extremely ill-advised”. Some examples of things that researchers are saying that they would not be able to buy without this program are trucks for biologists who go out and do field work, and simple things like microscopes, magnets and lasers. The program is very important because it is used to repair equipment. Equipment could break down at any time and the process for getting equipment grants from a program like CFI takes a long time. CFI is not structured to fix equipment that breaks down. So the researcher may have to choose between firing some graduate students or fixing a crucial piece of equipment.

One scientist told me that such shortages could potentially ruin the careers of new researchers.

I am hearing from young researchers that they do not want to come or are regretting coming to Canada after hearing about these proposed cuts. One of the concerns I will convey to the minister during this debate is that the policies set forth in budget 2012 would result in these cuts. He may blame NSERC for these cuts but he is the minister and he needs to take responsibility and he should be listening to the strong language that is being used by scientists in reaction to these proposed cuts.

I will now turn to the MRS program. These proposed cuts will affect facilities, as I have said before, where we have invested in large scientific infrastructure and whose use will be curtailed because of these cuts. It is like owning a car but having no money for gas. This includes the Super Dual Auroral Radar Network in which we have international agreements to monitor the sky around the earth with radar. This affects any business that has to do with satellites. The proposed cuts to MRS will curtail the use of the Canadian Institute for Neutron Scattering. It will curtail the use of the Brockhouse Institute for Materials Research, which is found in Hamilton at McMaster University in the riding of my hon. colleague who asked a question previously. It will affect living collections of algae and cyanobacteria and fungi that have been carefully isolated, which could have all sorts of uses and applications in industry and cannot be replaced at a later date.

These are things that concern me. It is just a small sample of the massive number of comments and emails that I have received from scientists in Canada who are concerned about the cuts to research funding. That is just the National Sciences and Engineering Research Council.

The motion today is not so much about the overall level of funding for science or support for industry or business competitiveness as it is about how the government chooses to value science in the service of good government.

As one of the few scientists in the House today, I am proud to support the motion on the value that scientists and the scientific approach have to offer to the Government of Canada as it serves the people of Canada.

I am also proud to speak for the party that I chose to join, the Liberal Party, because Liberals believe that for good governance, slogans and ideology are never a good substitute for facts, evidence, a scientific approach and just hard work.

Liberals are the most likely to say that such and such an issue seems complicated and before they decide what their position is on that issue, they will do some homework. This is the kind of party of which I want to be a part. These are the kinds of colleagues with whom I want to work. They can best serve the people of Canada.

By contrast, the Conservative government believes that if enough ministers and MPs fan out across the country and repeat the phrase “responsible resource development” enough people will believe it so they can pass Bill C-38, the omnibus budget bill, and get re-elected. That is not the best thing for Canadians. When the Liberals hear that, they simply smile and say that it is an empty slogan.

We must put scientists in place and give them the resources to evaluate the risks of government policies so government can make informed development decisions for natural resources. We must provide them with the equipment and the staff to monitor the natural environment so they can measure any damage to the environment or any danger to people.

Additionally, we must let these scientists speak freely to the public about their research. People need to have a dialogue with scientists to understand the knowledge that scientists have gained for their benefit, knowledge for which taxpayers have paid. Governments must not be allowed to control this flow of information, at least democratic governments. This is really the only way Canadians can be assured that true responsible development is occurring.

Instead of cutting 11% of the workforce, over 700 employees of Environment Canada, cutting scientists who monitor water pollution, industrial emissions or climate change, let us put money on the table now and make a multi-year commitment to fully fund the environmental monitoring of resource development projects such as the extraction of bitumen. Then let those scientists speak freely of their research for the benefit of the people of Canada.

Scientists must be able to speak freely for the benefit of the people of Canada.

Why are Conservatives against free speech for scientists? I am not making this up. The international scientific community and science journalists have spoken up and called upon the government to stop muzzling scientists.

In the United States, government scientists have been encouraged to talk about their research and even give their personal opinions about government policy, as long as they make it clear that it is just their personal opinion.

In December 2011, the United States National Oceanic and Atmospheric Administration issued an administrative order on scientific integrity to encourage its scientists to speak freely to the public and the media about the results of their research.

Why is the Government of Canada opposed to free speech for scientists?

Liberals believe in free speech as do most Canadians. Why do the Conservatives get off the train? It is not a rhetorical question. The answer is that the Conservative government does not accept criticism. It is not politically convenient. It is just embarrassing. It is a roadblock to continued power.

Is it just a couple of journalists who are complaining, as the Minister of the Environment has said? If a couple of journalists do not matter to the public good, I would ask the House to recall how Richard Nixon felt about the pesky journalists from The Washington Post 40 years ago.

By contrast, Liberals believe that welcoming criticism will improve one's understanding, just as scientific ideas depend on criticism in order to improve and become stronger. Science is powerful because it welcomes criticism. Criticism from scientists will help governments and others make smarter decisions, thereby making Canada stronger.

Yes, the Conservatives will be embarrassed at some point. Every government makes mistakes, but a strong government for a strong country is one that recognizes and corrects mistakes.

To do this, governments must also be open about history. It is why the commission that investigated Canada's residential schools for aboriginals was called the Truth and Reconciliation Commission. That is why the commission that was set up in South Africa to study the effects of apartheid was called the truth and reconciliation commission. One must reveal the truth before a nation can reconcile and move forward.

The truth must be revealed before a nation can reconcile.

The Conservative government is making drastic cuts to Library and Archives Canada that will seriously harm our ability to preserve and access Canada's past. That includes a 20% cut to the workforce.

Related to what I just said about truth and reconciliation, the archival material in the LAC was instrumental in supporting the testimony from victims of the residential schools before the Truth and Reconciliation Commission.

The minister will say that staffing cuts are justified because materials are being accessed online, but only 4% of the LAC's physical materials are available online and now 50% of the digitization and circulation staff is being cut. Conservatives have also eliminated the national archive development program, which provided funding to local communities, about 800 of them, to preserve local history in Canada.

Why spend money to save things in the National Archives and make them accessible? It is not the same thing and does not feel as good as celebrating a glorious event of the past that buttresses the ideology of the government of the day. It is about having information available, making it possible to study and understand the mistakes of the past so we can fix them and not repeat them in the future. A truly strong government would be open about its mistakes. A truly strong government would embrace its history and not simply retell it.

Liberals believe that science and a scientific approach are what the Government of Canada needs for an honest accounting of its successes and failures. I believe that providing an honest accounting in Ottawa is one of the greatest things we as MPs can do for our country.

One thing people have learned over the last few centuries is the value of observation and measurement. That is why we have made advances in science and technology. It is the idea of empiricism, of measuring and counting the number of teeth in a horse's mouth and counting the number of people, that gives us the ability to have smart government policies, to really understand what we are trying to govern.

There is an example that has already been brought up in the House today, and that is the Experimental Lakes Area. This is a great example of doing real experiments in real situations so we make smart decisions about environmental policy concerning clean water. The federal government has announced that it will cease funding for the internationally renowned Experimental Lakes Area, which is in northern Ontario and comprises about 58 lakes that have been set aside for pollution experiments.

Scientists pollute these lakes on purpose and then watch the whole ecosystem for decades to see what happens. Then they are obliged to return these experimental areas back to their original state. Research during the experiments and the renewal have helped us understand mercury pollution, the effect of phosphates and detergents, green algae blooms, acid rain and climate change. If people believe that pollution regulations are too strict, they need to know that these very experiments are the ones that help us understand how much pollution is tolerable.

Ending funding for the ELA goes against two of my core beliefs. People have to conduct experiments and measurements to really understand how the world works. This is what I believe in as a scientist. We must use facts and evidence to make good policy, and that is what I hope to bring to the House, along with my colleagues in the Liberal Party and other members in the House.

I next want to turn to Statistics Canada, which is having its budget cut by about $34 million on an ongoing basis, about 7% of its budget. The head of Statistics Canada resigned a couple of years ago to protest the elimination of the mandatory long form census. This is another example of how the government wants to avoid data.

Data is important for telling us about the country and its people, where they live and how they live, so we construct smart policy. Even if all we want to do is cut taxes, we want to know what effect those cuts will have, who will receive those tax cuts and what will happen in the country. We need statistics and good data to understand the effect of tax cuts on the Canadian population, not to mention good social policy that is meant to help people who live on the margins and who need our help. That help really defines for what Canada stands.

The First Nations Statistical Institute was brought in by a previous Liberal government of Paul Martin back in 2005 and the board was only appointed in 2009. Now the government wants to cut the institute. There was a realization that not enough census data was being collected from our first nations. This was hindering the creation of good policy and smart policy. It was decided that we would have a special institute to collect data. Now the government wants to get rid of this institute.

If government wants to do more with less money, if it wants to be more efficient and make every taxpayer dollar go as far as possible to serve the people of Canada, it needs information. It needs information to make smarter decisions and it needs an attitude that respects collecting proper information, thinking carefully and working hard to use that information to make every dollar go as far as possible.

I want to conclude with a few things that I and my party believe.

The Liberals believe that science is more effective than slogans. The Liberals believe that science is effective because it welcomes criticism. The Liberals believe that Canada needs science's honest accounting in order to be able to make informed decisions and to be competitive in the world.

Madam Speaker, from your chair, every morning a daily prayer is read. Let me read an extract from that:

Grant us wisdom, knowledge, and understanding to preserve the blessings of this country for the benefit of all and to make good laws and wise decisions.

We have been blessed in our country with the people, the resources and the institutions to pursue systematic knowledge, to observe, measure and understand what we see in the world and what we see in our country and to do all of this in the service of the people of Canada.

We ask God:

Guide us in our deliberations as Members of Parliament, and strengthen us in our awareness of our duties and responsibilities as Members.

Let us appreciate the value of scientific knowledge, which can effectively guide our country toward the future.

The EnvironmentPetitionsRoutine Proceedings

June 5th, 2012 / 10:10 a.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, the second petition I present today is relevant to today, which is World Environment Day, and it is on behalf of residents of Calgary, Guelph, Victoria, Saanichton, Ottawa and Montreal.

The petitioners plead that this House and the government remove all those sections of omnibus budget bill, Bill C-38, that have nothing to do with the budget, remove all sections that relate to degrading the environment and bring forward a bill in the proper form.

June 5th, 2012 / 9:55 a.m.


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Vice-President, Policy Development, Canadian Electricity Association

Francis Bradley

Yes. As an association and on behalf of our members, we've provided some recommendations and suggestions on some of the specifics to, for example, the subcommittee of the finance committee that is studying on Bill C-38. We have some suggestions for fine-tuning some of the approaches, and we'd be delighted to provide that information to this committee if required.

Broadly, we're supportive of the direction we're heading in. For the longest time we have been concerned about regulatory processes that are both duplicative and sometimes overlapping, so anything that moves to address those sorts of issues is something that we would support.

Foreign AffairsAdjournment Proceedings

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


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise this evening to pursue a question that I put in the House for the hon. Minister of Foreign Affairs on March 5.

The issue deals with the question of the integrity of Canada's ability to enforce sanctions against Iran when we are increasingly dealing with what we consider new markets or new trading partners, however we want to put it, but essentially allowing state-owned Communist Party enterprises owned by the Government of China to become increasingly large investors in Canada.

Some of the very same companies, not just the general concept of state-owned Chinese enterprises, are major investors in Iran. In fact, the single largest customer for Iranian oil is Sinopec. Sinopec, as people may know, has been investing heavily in the oil sands. In fact, it purchased a 9% share that used to be ConocoPhillips' share of the oil sands, and at the same time, the ConocoPhillips' share was a share of Syncrude, so it is a major investor now in Syncrude, but it is not the only company that deals with Iran as well as investing in Canada.

I would mention, for instance, China National Offshore Oil Corporation, sometimes called CNOOC, has completely purchased, or one of its subsidiaries has purchased, the Long Lake oil sands mine in Alberta. At the same time, it is doing a $16 billion investment with Tehran in the North Pars gas fields. That is not the only company. If we look at PetroChina, it has a 25-year deal with the National Iranian Gas Export Company, and at the same time it was only six years into its 25 year deal with the Iranian National Gas Company when that same company, PetroChina, purchased all of the mine at MacKay River oil sands project.

What does this mean for us in terms of our sanctions? On March 5 I said that in light of the increased tensions around Iran and around nuclear issues, the importance of sanctions could not be overestimated. I asked the minister, in this light, whether we were concerned that our new trading partner, Sinopec in China, which is the largest buyer of Iranian oil, was undermining the sanctions.

The minister's response, while interesting, did not relate to my question. I hope this evening, as we pursue this matter, we can perhaps get an answer to the question.

I would like to put into the discussion we are having this evening that I am not the only member of Parliament who is concerned about Chinese investments in Canada at the same time that these same Chinese companies are the major oil customers for Iran, undermining sanctions. This is a quote from the hon. member for Mount Royal that reproduced in the Ottawa Citizen:

To the extent that we’ve now got sanctions-violating companies here in Canada that are doing business in Iran, the implications are serious.... They are very, very serious.

Again, that was the hon. member for Mount Royal, who has a very strong record in the area of working as hard as we all can to ensure that President Mahmoud Ahmadinejad understands that Canada is not his friend. We are friends of the people of Iran, but we are not his friends.

How then did they perceive what is going on in global diplomacy when we are opening our arms? We are actually undermining environmental laws, and Bill C-38 was its destruction of the Canadian Environmental Assessment Act. It appears to be in the interest of speeding things that Sinopec wants. How do we justify that?

Scott Brison Liberal Kings—Hants, NS

In response to Ms. Leslie, and I appreciate her support and her party's support for this amendment, I must say I disagree with her on one point, when she says that she is certain the government would not want to do this, because National Chief Shawn Atleo said, when he was before committee, that in its current form, part 3 of Bill C-38 clearly represents a derogation of established and asserted first nations rights. That is in part a response to that, and I appreciate Ms. Leslie and her party's support for this understanding of the importance of making it clear.

Scott Brison Liberal Kings—Hants, NS

Mr. Chair, we have great concerns about the approach being taken. After 16 hours of studying what the environment commissioner has said is the most significant policy reform in environmental regulatory policy in 40 years in Canada, we're left with questions.

For example, what proportion of current assessments will no longer receive federal oversight given the repeal of the CEAA? What are the projected costs of the changes for each province and territory? What assessment of the adequacy of the environmental assessment process in each province and territory has been conducted? How will a federal project define whether or not a provincial process is equivalent to the federal process? These questions have not been answered.

National Chief Atleo said specifically that:

To date, first nations have not been engaged or consulted on any of the changes to the environmental and resource development regime proposed within Bill C-38.

There is a constitutional reality of self-government and treaty rights and a moral responsibility of any government to engage aboriginal and first nations on the changes to the fisheries.

We heard from a very respected former minister of fisheries—who happened to be a Progressive Conservative minister of fisheries—who said that these changes

...are totally watering down and emasculating the Fisheries Act.... They [will] really tak[e] the guts out of the Fisheries Act and it's in devious little ways if you read all the fine print [that] they are making...Swiss cheese out of [it].

The real scary part of this is that the one minister in Canada who has the constitutional duty to protect the fishery, which includes habitat, is the Fisheries Minister and these amendments essentially parcel out and water down his fiduciary responsibility, to the point that...he can delegate his responsibility to private-sector interests and individuals.

Again, Mr. Chair and members of the committee, I know that in the main body of the report the government members of the committee have expunged much of this testimony, but it's on the record. We've been given scant time as parliamentarians to do our jobs on this. The reality is that we are railroading these changes through Parliament without adequate consideration of the consequences, including many of the unintended consequences that will result from these changes.

I think it's very frustrating to Canadians. It's very frustrating to Canadians who are concerned about the environment. It is worrisome to Canadians who believe strongly in engagement with aboriginal and first nations people. It is something that could have devastating effects on our fisheries. I think overall it is also extremely disillusioning for Canadians who want to have a strong Parliament and a functional democracy.

I reiterate that for a political party whose genesis in part was the Reform Party, which came to Ottawa partly on the basis of accountability and respect for citizens and engagement...earlier today, I almost said Preston Manning would be rolling in his grave, but I realized he's not dead. I would say many of the principles he stood for when first elected are in the Conservative movement today. It is very disillusioning, I think, for Canadians who want to see Parliament work. I think it is one reason that we're seeing only about 20% of first-time eligible voters actually voting, because they don't think Parliament matters, and the Conservatives are ensuring that it doesn't matter.

The Chair Conservative James Rajotte

I call this meeting back to order.

Colleagues, we are on part 3 of Bill C-38, clauses 52 to 169.

I want to welcome our officials, who have joined us in case members have any questions.

I will just indicate to members that for clause 52, which is the first one we're dealing with, there are a lot of amendments—about 36. It's problematic when we have the five-minute timeline, because for us to deal with all of these amendments within five minutes is very challenging. What I'm going to suggest is that I be a little flexible in terms of time.

What I would point out—it's been pointed out to me—is that 21 of the amendments by the NDP deal with a very similar issue. If I could ask that an argument be made with respect to those 21 amendments, perhaps it would be a good way to group them together. I would ask for members' agreement that we be flexible in terms of time. But given that we are being flexible and deviating from the motion somewhat, I'm going to ask members to make points and not be repetitious. When I see the debate points have been made, I will then call the question and move on.

Is that acceptable to members of the committee?

Ms. Glover, do you want to speak to that?

The Chair Conservative James Rajotte

I call this meeting to order. This is, again, the 69th meeting of the Standing Committee on Finance. Our orders of the day, pursuant to the order of reference of Monday, May 14, 2012, are on the discussion of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures. We are in clause-by-clause consideration.

Colleagues, I'll just outline how we are proceeding here. I'm going to take my time doing so to make sure everybody understands it.

As is tradition, we postpone clause 1 till the end. We start with clause 2. I will go, obviously, in numerical order.

I'll just highlight for the members a couple of things from the motion that this committee adopted on May 15:

B. the Committee shall proceed to clause-by-clause consideration of Bill C-38 no later than Monday, June 4, 2012, provided that the Chair limit debate on each clause to a maximum of five (5) minutes per party per clause before the clause is brought to a vote;

That means each of the three parties will have five minutes for each clause, should they choose. They can, obviously, speak for less if they decide so.

The second thing I want to highlight for committee members is:

E. if the Committee has not completed the clause-by-clause consideration of Bill C-38 by 11:59 p.m. on Tuesday, June 5, 2012, the Chair shall put, forthwith and successively, each and every question necessary to dispose of the Committee stage of the Bill and to report the Bill to the House, without further debate or amendment, and that the Chair be ordered to report the Bill back to the House on or before Thursday, June 7, 2012.

These are two items that I want all members to keep in mind.

I've done these a number of times. It helps if members, because of the number of clauses, prioritize the clauses they wish to speak more to rather than less. Obviously, if all three parties take five minutes for each clause, we're going to run up against the time deadline of 11:59 p.m. tomorrow night.

Given that, I believe we have, just for your information, 58 amendments before us. We have 51 from the NDP and seven from the Liberals—I hope those numbers are correct. I will start, obviously, with clause 2.

If members wish to group clauses or if they wish to move at a quicker or slower pace, please indicate to the chair.

Starting with clause-by-clause consideration, pursuant to Standing Order 75(1), consideration of clause 1 is postponed. The chair therefore calls clause 2.

(On clause 2)

I'll just highlight for members that I do not have an amendment until clause 16. I have NDP-1, which is on clause 16. Perhaps what I'll do is ask if there is any member who wishes to debate clauses 2 to 15.

Monsieur Mai, which clause?

The BudgetPetitionsRoutine Proceedings

June 4th, 2012 / 3:20 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the second petition is very directly to the matter before us in the House this week, the omnibus budget bill, Bill C-38. The petitioners are from Calgary, Chemainus, Nanaimo, Ladysmith and various parts of Ontario. They call for the government to immediately abandon the so-called omnibus budget bill and introduce new legislation that contains only those measures that are actually related to the budget.

Employment InsuranceOral Questions

June 4th, 2012 / 2:55 p.m.


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Liberal

Lise St-Denis Liberal Saint-Maurice—Champlain, QC

Mr. Speaker, the redefinition of what is considered suitable employment for seasonal workers in Bill C-38 will force them to accept positions for which they are not qualified.

Does the minister realize what kind of problems this measure will cause for the Mauricie region?

How can we integrate seasonal forestry workers into the manufacturing or service industries, which require different skills than what they have?

The EnvironmentOral Questions

June 4th, 2012 / 2:45 p.m.


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Eglinton—Lawrence Ontario

Conservative

Joe Oliver ConservativeMinister of Natural Resources

Mr. Speaker, contrary to what the opposition parties claim, bringing our regulatory system into the 21st century will strengthen environmental protection rather than gut it, will generate significant jobs and economic growth rather than hollow out our economy, and will provide prosperity and security for Canadians for future generations. It is not an either/or proposition, jobs versus the environment. The direction our government is taking is clear: to secure prosperity for Canadians while strengthening environmental protection. That is exactly what Bill C-38 would do.

The EnvironmentStatements By Members

June 4th, 2012 / 2 p.m.


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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, Canada's environment is being threatened by the government's destroying 50 years of safeguards through Bill C-38 and the 2012 economic action plan.

The Conservatives are severely cutting the budget to Environment Canada, gutting environmental legislation, cancelling the National Round Table on the Environment and the Economy, silencing dissent from environmental non-governmental organizations and continuing to muzzle government scientists, and, in so doing, impacting our economy today and in the future.

Anyone who disagrees with the Prime Minister is told to “sit down and shut up”. All Canadians should ask who will next be under attack for voicing their opposition. Silence is not an option.

It is time to stand up and speak up for democracy and the environment in Canada. That is why the Liberals stand in solidarity today with leading organizations across Canada that are committed to highlighting the Conservatives' persistent assault on democracy and the protection of the environment.