Bill C-38 (Historical)

Jobs, Growth and Long-term Prosperity Act

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

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

Jobs, Growth and Long-Term Prosperity Act

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, it is an honour to ask my colleague from Oxford, just south of my riding. He does such a good job of representing that area.

He mentioned a couple of things in his speech about the tax rates being low. Members understand that currently a family of four is paying $3,500 roughly less in taxes than it was when we took office. I get a lot of appreciation for that in my area. As well, the seniors comment about pension splitting and how that benefits their bottom line.

What I took note of in my colleague's speech was when he talked about our government's research, development and innovation agenda. I have the honour of having Conestoga College in my riding, which is partnering with industry to have research done at the college so it can help the industry with the innovation and commercialization of some of its new ideas.

Would my colleague comment on the importance of the innovation, research and development? Our colleague from Cambridge, the hon. Minister of State for Science and Technology, has made some incredible investments in that.

[Dave MacKenzie, Conservative, Oxford, ON]

Mr. Speaker, research and development is one of the pillars of our economy as we go forward.

Conestoga College and Fanshaw College are both in my area. I am fortunate to represent a riding that has campuses for both. As my colleague said, the innovations and the money that has been flowing through from the federal government to them has been of great benefit in many respects, not only in the automotive industry, and I have two automotive plants, both Toyota and General Motors, in my riding, but that has also been well-received by the agricultural community, which is a real cornerstone of Oxford.

This government knows where the future is. It is in the future of our young people and in research and development.

That is the finest minister of science and technology we have had in the House. However, at the same time, the Minister of Finance is the finest we have had in the last 15 or 20 years.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, with respect to the comment about the Minister of Finance, he is the finance minister who actually put us into a deficit before the recession.

Perhaps the member would like to comment on that.

[Dave MacKenzie, Conservative, Oxford, ON]

Mr. Speaker, it is quite an interesting comment coming from the Liberal side of the House. Before the worldwide recession hit, this government had paid off nearly $50 billion of debt that the former Liberal government had helped us get into.

The member has played the straight man to the question. The Minister of Finance has done a wonderful job. As we go forward and see that steady hand, it is like saying my friend is the finest weatherman we have had in the House in a long time.

[Geoff Regan, Liberal, Halifax West, NS]

Mr. Speaker, I am pleased to have a chance to rise in debate on Bill C-38. I have to agree with at least the last point made by my colleague who just spoke, which was that the member for Bonavista—Gander—Grand Falls—Windsor was in fact an outstanding weatherman. He is an outstanding member of Parliament as well, although members might want to talk to him sometime about some of the stories he has about some bloopers he may have experienced during his time as a weatherman. They may be on YouTube, as a matter of fact. They would have to ask.

However, when my hon. colleague praises the current Minister of Finance, I find it rather humorous and remarkable, considering that the finance minister and the government inherited a $13 billion surplus and that by April and May of 2008, six months before the recession began, the government was already in deficit.

Members may not believe that, but if they doubt it, I invite them to Google “deficit April-May 2008”; they will find CBC and Reuters stories dated June 25, 2008, pointing that out. They could probably find out more about that later. In addition, that fall there was a further deficit.

The Conservatives have been trying to claim for a while that the deficit we have today was the result of the recession and stimulus spending. The fact is that there was a deficit in that fiscal year of 2008-09. The stimulus budget that the government brought in was not even announced until the end of January 2009, and it was for the 2009-10 fiscal year. It did not start until well after the deficit was in place. If there was a deficit for the year 2008-09 and the stimulus budget was for the year 2009-10, how can Conservatives claim that the earlier deficit was caused by the later budget?

In fact, articles even in December of 2009 talked about how the stimulus money was just getting going. There are articles about municipalities complaining about how long it was taking for that stimulus spending to get started. It took a long time.

Therefore, to claim that the deficit is a result of the recession is an outrage. The claim that this was one of the greatest finance ministers has no basis. By increasing spending dramatically, at three times the rate of inflation, the minister put the country back into deficit before the recession began. That is the context we are in when we come to this budget. That is the history of this government. It is outrageous for the government to claim that this was in any way a good finance minister. It is ludicrous.

Let me talk about Bill C-38. We even have well-known Conservatives criticizing the bill. Here are some comments from Andrew Coyne. He is not exactly a Liberal voice in Canada, but he is a well-known, respected commentator. What does he say about this? He says:

The bill runs to more than 420 pages. It amends some 60 different acts, repeals half a dozen, and adds three more, including a completely rewritten Canadian Environmental Assessment Act. It ranges far beyond the traditional budget concerns of taxing and spending, making changes in policy across a number of fields from immigration...to telecommunications...to land codes on native reservations....

He goes on:

So this is not remotely a budget bill, despite its name.

He says further:

Moreover, it utterly eviscerates the committee process, until now regarded as one of the last useful roles left to MPs. How can one committee, in this case Finance, properly examine all of these diverse measures, with all of the many areas of expertise they require, especially in the time allotted to them?

How indeed, Mr. Speaker? Mr. Coyne has made some very good points about the budget, and my hon. colleagues across the way would do well to take note of the comments from this Conservative commentator about their own budget bill.

However, let us look at the budget. What do we expect from it? What are Canadians looking to the government for in the budget bill?

After Canada experienced no job growth during the last six months, I think Canadians expected this bill to have one focus: jobs, job creation and helping our economy strengthen. Instead, what does it have? It has dozens of disconnected themes that will do nothing to grow jobs or address Canada's skills shortage.

In fact, when I think of jobs, I think of the issue of what has happened with foreign investment. This bill is a complete abandonment of the industry minister's promise of a serious review of the Investment Canada Act.

The bill has so many parts. It is 425 pages long. For those who have not looked through or read it, I will just give a sense of how big this bill is. Division 28 of part 4 does authorize the minister to communicate or disclose certain information in relation to foreign investments, but it does nothing to prevent Canada from a repeat of the PotashCorp takeover fiasco that the government mishandled so badly and it provides no advance understanding of how it would handle matters like this and no explanation for its decision.

In fact, the Conservatives pledged in late 2010, after abruptly killing BHP Billiton's hostile bid for the Potash Corporation of Saskatchewan, to undertake a serious review of the Investment Canada Act. In fact, the minister talked about having a committee do this, but iinstead we get a few lines in a 425-page omnibus bill. The industry committee will not even study this measure.

I would like to see that happen. I put a motion before the committee to have that happen. Of course, as we know, the government insists that everything involving a decision about what a committee will study be done in camera, behind closed doors, so that the media and the public cannot follow it. As a result, I cannot talk about what might have happened to that motion, but I can say that it is no longer before the committee. If I put forward a motion and it is no longer available to be discussed and it has not been adopted, I think people can draw their conclusions about what might have happened to it and what the Conservative government, having a majority, decided to do.

What happened to the promise to clarify the key test used to judge foreign takeovers, the so-called net benefit determination? That was a promise the Minister of Industry made, another promise relegated to the trash bin.

It is the same with the minister's public declaration in June 2011 that he would ask the House of Commons industry committee to review the Investment Canada Act. Where is it? Why is that Conservative members would not be anxious to do this, considering their own minister was talking about it nearly a year ago and asking for it to be done? Perhaps he is not so keen anymore. We do know that members on the Conservative side tend to do what they are told by the Prime Minister's Office and by the ministers.

This review has not happened, despite several attempts from opposition members to call for a review of the act by the committee. Instead, the industry minister gets new powers to disclose a little more information about takeovers without betraying commercial secrets. It is all well and good, but it is too bad that there is no such commitment to prevent ministers from betraying their own promises, such as the one made in this case.

The fact is that this country needs to modernize its foreign investment policies. It is too bad that instead of moving on significant change, we get half measures buried in a budget bill. That makes it very clear the government is more intent on maintaining its ability to insert its political bias into these decisions than it is on focusing on and doing what is best for the Canadian economy and Canadian jobs.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, that was really good. How is that for a profound speech on an afternoon like this?

Members keep bugging me about doing the weather. For the record, I decided to leave the weather business. I got tired of lying for a living, so I got into politics. I am going to get angry emails from meteorologists; I appreciate that.

Nonetheless, we are talking about the budget. I get a lot of calls. I am inundated with calls on income security from seniors.

The pattern is very simple: it is that they are struggling to stay above the poverty line with a combination of old age security and GIS payments. A lot of them still live in larger homes that are difficult to heat. The extra money being put into the OAS program, of course, is not sufficient to cover the costs of things such as rising heat prices or gas for their cars in case they need them to get to the hospital or visit their families.

I would like my colleague to comment on two things. First, how is raising the age from 65 to 67 going to affect seniors? Second, how much of an extra burden is this change going to place on the provinces, which have to provide those social welfare services to help these people cope with extreme poverty?

[Geoff Regan, Liberal, Halifax West, NS]

Mr. Speaker, I thank my hon. colleague from Bonavista—Gander—Grand Falls—Windsor, particularly for his glowing and effusive comments about my speech. He went on at such great lengths.

However, he makes a very important point about the old age supplement and the changes in this budget bill. In fact, I am looking forward to the debate later this afternoon—or this evening, for those living in Newfoundland or Nova Scotia—on Motion No. 307, which concerns the old age security program. I have more I would like to say about that.

The government's attitude to increasing the age that people would receive the OAS is similar to its attitude toward the CAP, the Canada access program, whereby people can get use of a computer.

In the other place, the Leader of the Government in the Senate was asked about this and said that people can use their iPhones. I do not know if she will be called Marjory Antoinette for that, but that comment does not really show much sensitivity to the real problem of people who are facing hardship in not having access to the Internet. People who have a need for OAS and GIS will be cut off by the government.

[Pierre Nantel, NDP, Longueuil—Pierre-Boucher, QC]

Mr. Speaker, I would like to ask the member a question about the community access program. It is enough to make you cry, if you really think about it. Someone said that people just have to use their iPhones. I cannot believe we are hearing such things.

In the member's opinion, how many people who rely on the community access program are likely to have an iPhone?

[Geoff Regan, Liberal, Halifax West, NS]

Mr. Speaker, I thank the hon. member for his question.

I do not imagine it would be very many. I imagine that only a few of the people using the program have iPhones.

I talked to the people who run the program. In places where the program is available, many people are poor. They typically use computers and the Internet to access government programs so they can look for jobs and do various other things.

I find the decision appalling.

[Peter Braid, Conservative, Kitchener—Waterloo, ON]

Mr. Speaker, I am pleased to rise in support of our Conservative government's economic action plan 2012 to be implemented through today's legislation, Bill C-38, jobs, growth and long-term prosperity act.

This is a positive plan that would ensure Canada's economy continues to emerge from the global economic recession better than nearly all other industrialized countries. Indeed, Canada has seen nearly 700,000 net new jobs created since July 2009, the strongest job growth among all G7 countries. Even better news is that 90% of those jobs have been full-time jobs.

What is more, both the independent IMF and the OECD are forecasting that Canada will be at the head of the pack for economic growth in the G7 in the years ahead.

Clearly, those are all positive signs that we are on the right track for Canada's economy and for Canadian families. It is little wonder that a recent editorial in The Wall Street Journal praised Canada's economic leadership saying that “Canada is focused on private economic growth”, and also pointing out our “sound policies as a model for the world to follow”.

However, our Conservative government recognizes that we still have considerable global economic turbulence, especially in Europe where we see that continues, and too many Canadians are still looking for work. That is why economic action plan 2012 takes responsible action to support the economy now and over the long term while also keeping taxes low and returning to balanced budgets in the medium term.

Despite what the NDP and others would have us believe, economic action plan 2012 has been warmly greeted throughout Canada, especially in my region and riding of Kitchener—Waterloo.

I would like to share with the House and Canadians who are watching some of the positive feedback that has come from my region.

First, from the Kitchener-Waterloo Chamber of Commerce, it says:

We are pleased that [the Minister of Finance] has extended the program that allows small businesses to receive a credit of up to $1,000 against employment insurance...premium increases. ...this extension will provide an incentive for additional hiring. ... The Chamber strongly supports measures proposed to restrain government spending and return the federal budget to a balanced position by 2015-16. Other positive measures include no tax increases or cuts in transfers to the provinces, which are critical for health care and other social services.

Overall, the government wants the private sector to step forward, create jobs, and compete on global markets.

Iain Klugman, the chief executive officer of Communitech, a local technology association, said:

I'm really encouraged to see the focus on job creation, innovation. I see a real acknowledgement of the importance of business commercialization.

I could not agree with Iain more.

Kitchener mayor, Carl Zehr, stated:

We're encouraged by the fact they [the federal government] have yet again confirmed a commitment to have an infrastructure plan in place when the Building Canada Fund expires in March 2014.

As one last example, this is what a Waterloo Region Record editorial declared. It said that economic action plan 2012 was:

...an intelligent and visionary plan to preserve a progressive, prosperous Canada in a global landscape filled with both upheaval and promise. And for this reason it is the most ambitious and important federal budget in a generation. Underlying it all is an astute recognition of how this nation and the world around it are changing.

...the budget envisions a scaled-back government that leaves people free to do more in their lives and with more of their own money. But it will still be an active government that aims to grow Canada’s economy with generous venture financing and research and development funding for businesses.

It is clear that economic action plan 2012 sets out a comprehensive agenda to bolster Canada's fundamental strengths and address the important economic challenges confronting the economy over the long term.

I am pleased to have the opportunity today to spotlight a handful of the measures in today's bill that would accomplish that and play a significant role in securing the well-being of Canadians today and in the future.

The first area I will focus on is targeted reforms to the employment insurance program, or EI. EI, as we know, is Canada's single largest labour market program, providing income replacement to help individuals and their families, as well as training and other labour market support to help Canadians return to employment.

Today's bill would make a number of targeted changes that would make EI a more efficient program, one that would promote job creation and quickly connect people to jobs that would improve the quality of life and Canada's economy.

Our Conservative government recognizes that Canadians want sustainable EI premium rates and a transparent rate-setting mechanism. That is why we will ensure predictability and stability with the EI premium rate.

Over the next few years, we will limit annual rate increases to 5¢ until the EI operating account is balanced. Once the account has returned to balance, the EI premium rate will be set annually, on a seven year break-even rate to ensure that EI premiums are no higher than needed to pay for the EI program itself. After the seven year rate is set, annual adjustments to the rate will be limited to 5¢.

Along with sustainability, matching workers with available jobs is critical to supporting economic growth and productivity. In the words of the Canadian Federation of Independent Business, the CFIB, which plotted our reform in this area, “There was some major progress on employment insurance”. It went on to say:

There was...early action on changing the EI rate-setting process. Any future increases will be capped at 5¢ for employees and 7¢ for employers, which will provide a great deal more certainty to job-creating small businesses.

Also, EI rates will be allowed to break-even on a seven year basis, which will help keep rates smooth and avoid the creation of large surpluses.

However, there is more in economic action plan 2012, including a $21 million investment to connect EI claimants with the necessary skills with available jobs in the same local area, including through targeted information and compliance sessions. Along with providing relevant and timely job information, the government will strengthen and clarify what is required of claimants who are receiving regular EI benefits and who are looking for work.

Through our measures, our government is helping Canadians who are looking for work, but we realize that true success only occurs when they can find work with minimal delay. The evidence backs that up. EI claimants who stay active in the labour market find permanent jobs faster than those who do not stay active. That is why our government will invest $74 million in a new national EI pilot project to ensure claimants are not discouraged from accepting work while receiving EI benefits. This new pilot project will cut the current earnings clawback rate in half, to 50% of earnings, and apply to all earnings while on claim.

Those three amendments would keep our economy strong. I am sure the opposition, if it is predictable, will perhaps vote against it yet again, after all, that is what it has done in the past. Every time our government moves to protect jobs, the NDP and the Liberals oppose it, as they opposed extending the EI hiring credit to help over 500,000 employers defray the cost of new hiring.

In that spirit, I urge all members to vote in favour of today's bill, which would help Canadian families, businesses and the Canadian economy grow and help fuel more job creation.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, the member talked about EI and the way it would fundamentally change by moving people who are on EI into that permanent workforce. I would like to paint for him a scenario and perhaps he can respond with yes or no on how this would work.

Let us assume for a moment that we have a seasonal worker, say in Newfoundland and Labrador, who claims EI for part of the year but the other part of the year works at a fish plant making a wage of between $15 and $20 per hour. The person has been doing this seasonal work for about 20 or 25 years and this fish plant is the mainstay of this particular community. Will that person be forced to work at a local retail outlet in a job that pays half the wage but is full-time not seasonal? Would that person be pushed, encouraged or forced to go from that fish plant to the retail outlet?

[Peter Braid, Conservative, Kitchener—Waterloo, ON]

Mr. Speaker, I congratulate my hon. colleague on the career change and the conversion that came to him some years ago.

As I explained, we are proposing to make changes to the EI program because we want EI to be an incentive to work, not an incentive to not work. We also want to ensure that workers who are finding themselves unemployed are better matched because of their skills with available jobs and occupations. At the end of the day, this is about ensuring that Canadians can have the fulfillment of employment.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I thank my colleague, my neighbour in the Waterloo region, for the great speech and for specifically outlining the improvements to the EI system. These are crucial, have been a long time coming and certainly will be welcomed by Canadians from sea to sea.

I wonder if my colleague would care to highlight some of the initiatives that our government has taken in terms of research and development. He has the honour of having two post-secondary education institutions in his riding, the University of Waterloo and Wilfrid Laurier University, and I have Conestoga College. We have seen many examples of partnerships between industry and these post-secondary education institutions as it relates to research and development and then specifically to the commercialization of that research and development.

Could he comment on the forward-looking aspect of this in terms of future jobs and growth for the graduates of our post-secondary education institutions?

[Peter Braid, Conservative, Kitchener—Waterloo, ON]

Mr. Speaker, I thank my colleague from the riding next door to my riding of Kitchener—Conestoga for that stunningly excellent question. Both he and I are very proud to represent the Waterloo region, which is the centre of innovation in Canada.

Economic action plan 2012 contains numerous excellent initiatives that will support science, technology, research and development, the knowledge economy of the future. In fact, it is a major theme of economic action plan 2012. Over $1 billion will be dedicated from the budget to advance research, science and technology. For example, there is a doubling of IRAP. I hear consistently from SMEs and high-tech companies in my riding of Kitchener—Waterloo that IRAP is a particularly valuable program. We heard what they had to say, we listened and we are acting. There is $400 million to help the venture capital industry in this country to create the next Research in Motion down the road.

[Kellie Leitch, Conservative, Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour]

Mr. Speaker, I am pleased to rise today to speak to our Conservative government's economic action plan 2012, jobs, growth and long-term prosperity.

In March, the Minister of Finance introduced our government's pragmatic and prudent vision for the future of Canadians, one that looks forward to not only the next few years but also to the next generation.

Since 2006, our government has worked to build a strong economic foundation for Canadians. While the effects of the economic downturn of 2008 were felt in homes and businesses across the country, it was the steady leadership of the Prime Minister and the Minister of Finance, as well as the rest of our Conservative government, that ensured the Canadian economy emerged from the recession well ahead of every major developed economy in the world.

We have delivered for Canadians, and our strong record speaks for itself: the creation of more than 700,000 net new jobs since July 2009; a 3.9% increase in a year-over-year growth in manufacturing output; a reduction for personal income taxes and cuts to the GST; income splitting for seniors' pensions; the creation of the landmark tax free savings account; and lower taxes on Canadian businesses, with Canadians having the lowest tax rate on new business investments among major advanced economies.

Our banking system is regarded as the most stable in the world. Our net to GDP ratio remains the lowest in the G7. The OECD and IMF predict Canada's economy will be one of the international leaders over the coming years.

When we sift through the partisan rhetoric and inaccurate numbers and figures thrown about by my opposition colleagues, our government's strong economic record is laid bare.

While there is work to be done going forward, Canadians voiced confidence in the direction we have taken when they voted for a strong, stable Conservative majority government in May 2011, ultimately providing us with the mandate to continue our pragmatic economic agenda.

During the election, we committed to remain focused on job creation and economic growth, and with economic action plan 2012 we are doing just that.

We are continuing our job creation agenda and we are focused on the long-term prosperity of the Canadian economy, for all Canadians.

As a country, however, we must remain cognizant of the many challenges and uncertainties that are still confronting the Canadian economy. The recovery is not complete, and too many Canadians are still looking for work.

One only needs to look to the recent elections in Europe to recognize that the global economy still remains fragile. Canada does not want to become the next Greece or Ireland.

Canadian businesses face increasing competition from countries with emerging fast-growth economies, and our aging population will put pressures on public finances and social programs.

Economic action plan 2012 takes important steps to highlight these structural challenges in ensuring that the changing demographics do not harm Canada's public finances and social programs for the future.

My constituents in Simcoe—Grey elected me to be a strong voice here in Ottawa for them, to ensure that I work to bring jobs to our riding; to ensure that our government creates a climate where businesses can thrive without the burden of bureaucratic red tape; to ensure that our seniors are taken care of so they can receive the respect they have earned through their decades of contribution to our country; to ensure that our agricultural sector is supported in the manner that allows it to grow and be profitable; and to ensure that our health care system is protected by continuing our government's stable health care funding to the provinces.

My constituents do not want government handouts or a government that throws money to the creation of more bureaucracy. They want a government that will lower taxes and create a pro-business environment, while continuing to support Canadians by maintaining transfers for health care, education and social programs to the provinces. This is the surest way to create jobs and stimulate economic growth, and these represent the fundamentals of our Conservative economic approach. This is what our government campaigned on. This is the economic agenda I promoted in my riding of Simcoe—Grey. This is what our Conservative government has delivered on in economic action plan 2012.

Our government is committed to sustainable social programs and a secure retirement for all Canadians now and for future generations.

The facts on OAS are clear. The number of Canadians over the age of 65 will increase from 4.7 million to 9.3 million over the next 20 years. The OAS program was built when Canadians were not living the longer, healthier lives they are today.

Consequently, the cost of OAS would increase from $36 billion per year in 2010 to $108 billion in 2030. Meanwhile at 2030, the number of taxpayers for every senior will be down to two, down from seven in the 1970s and from four in 2010. In order to ensure the sustainability of OAS, the age of eligibility will gradually be raised to 67 starting in 2023 and fully implemented in 2029.

We have ensured that the changes that are being made have substantial notice and an adjustment period. These changes would not affect current retirees and those close to retirement. It would give people plenty of time to adjust to the changes and plan for their own retirement. Our changes would ensure OAS is put on a sustainable path so it is there when Canadians need it in the future.

Economic action plan 2012 takes action to create jobs now and provide more opportunities to Canadians. To create jobs, we will extend our one-year hiring credit for small businesses, a practical, proven measure that encourages businesses to hire more workers. For example, Rick and Susan Lloyd, in my riding of Simcoe—Grey, can utilize this program for their small business, Smart's Flowers, and continue to grow their business.

We will make new investments in local infrastructure through the community infrastructure improvement fund. Already our government has made significant investments in infrastructure, particularly in my riding of Simcoe—Grey, where mayors like Mayor Linda Collins and Mayor Sandra Cooper in Collingwood have praised our government for helping create opportunities in their municipalities, and for our constituents in Simcoe—Grey.

Moreover, we will provide more opportunities to Canadians. We will continue to help older workers transition to new jobs and new opportunities. One way we are going to achieve this is through the government support of the ThirdQuarter project, an innovative approach to help employers find experienced workers who are over the age of 50 and who want to utilize their skills in the workforce.

We are increasing funding for skills training and career experiences for young Canadians and for Canadians with disabilities. This is building on investments our government has made already in my riding. For example, most recently, I made an almost $0.5 million announcement for Tracks Employment in Collingwood, where more than 40 students will benefit from an initiative to provide them the skills they need in order to enter into the workforce, supported by the government's youth employment strategy.

Our government is also making improvements to the EI program to ensure it is fair, continues to meet the needs of Canadians and is responsive to local labour market demands, both now and in the future. Our focus is on the long-term prosperity of Canadians.

As we face unprecedented labour shortages, it will be critical that we work directly to help Canadians find available jobs more quickly. We are providing support to Canadians to help them find those jobs through more timely and relevant labour market information, as well as earlier access to skills training and job searches.

With our government's focus on jobs and economic growth, we will also introduce changes on how to calculate EI benefits to better align them with local labour market conditions. Canadians want to return to work. We are enhancing the tools to support them in doing so.

Budget 2012 presents itself as a historical opportunity for Canadians. It allows us to position our country in a way that will protect and strengthen the Canadian economy and continue our job creation agenda. Economic action plan 2012 will help create high-value, good-paying jobs by investing in entrepreneurship, innovation and world-class research. It supports jobs and growth through responsible resource development.

It invests in training, infrastructure and opportunities to create jobs while providing new opportunities to young Canadians, seniors, new immigrants and Canadians with disabilities. These are the types of initiatives our country needs, and they will continue to ensure the long-term prosperity of the Canadian economy.

I am proud to be part of a government that has delivered for Canadians. I would like to commend the Prime Minister and the Minister of Finance for tabling this historic budget.