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.

Suzanne Brisebois Director General, Policy and Operations, Parole Board of Canada, Public Safety Canada

My name is Suzanne Brisebois. I'm the director general of policy and operations at the Parole Board of Canada.

Thank you, Mr. Chair and members of the committee, for the invitation to speak to you today. I will keep my remarks brief, as we're discussing a single amendment.

As you know, the Parole Board of Canada is an independent administrative tribunal that has exclusive authorities under the Corrections and Conditional Release Act, or CCRA, to make decisions on the conditional release of offenders.

The CCRA and its regulations guide the board's policies, operations, training, and parole decision-making, and provide the legislative framework for the corrections and conditional release system in Canada. Bill C-38 proposes to eliminate the requirement for in-person hearings for certain types of reviews. This change will save the board $1.6 million annually.

Specifically, clause 527 of Bill C-38 seeks to modify paragraph 140(1)(d) of the CCRA to remove the requirement for a panel hearing following the suspension, termination, or revocation of parole or statutory release. Instead, these decisions will be conducted by board members and the office by way of a paper review. Offenders will continue to be provided with all the information being considered by the board at least 15 days in advance of the review. They may make representation in writing for the board's consideration.

It is important to note that this change is specific to post-release decisions. The board will continue to conduct hearings for pre-release decisions involving day and full parole releases. Moreover, the board will retain the right to conduct an in-person hearing where it is deemed warranted.

Protection of society is of paramount concern to the Parole Board of Canada. Public safety will be protected and the rules of fundamental justice will continue to be respected.

Thank you for your time. I'm able to take questions should you have any.

May 28th, 2012 / 4:20 p.m.


See context

Deputy Minister, Department of Canadian Heritage

Daniel Jean

Budget 2012 is basically proposing to double the contingent liability insurance for travelling exhibits, and it's in Bill C-38. This would allow the possibility to cover in a self-insurance way, like contingent liability, a lot more big and smaller exhibits throughout various museums, yes.

The Chair Conservative James Rajotte

I call this meeting to order. This is the 62nd meeting of the Standing Committee on Finance. The orders of the day are pursuant to the order of reference of Monday, May 14, 2012. We are continuing our study of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

Colleagues, as you know, we are continuing with part 4. We are starting with division 31.

We have officials with us from Transport Canada to discuss division 31.

If you'd like, you can give us an overview of this specific section, and then we'll have questions from the members on it.

Continuation and Resumption of Rail Service Operations LegislationGovernment Orders

May 28th, 2012 / 12:25 p.m.


See context

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am rising once again in this House to defend the rights of Canadian and Quebec families and the fundamental rights of workers. This government is a repeat offender in attacking the rights of workers to associate and bargain freely. In this case, 5,000 workers and their families are being affected. These people are being attacked by a government that cannot stop interfering and sticking its nose into matters that are none of its concern. The government does not do the things it should do, but when it should be doing nothing, there it is, in the wrong place at the wrong time. This has an effect on people's lives and on the living and working conditions of Canadian workers. This is unacceptable to us in the NDP, the official opposition.

I would like to point out a paradox that would be amusing were it not for its serious impact on workers and on the future of labour relations in this country. The paradox has to do with the Conservative government's ideology, which includes allowing the market to decide everything, the state not intervening, small government and no redistribution of wealth through social programs. In other words, laissez-faire economics. It is the notion that society will manage best if there is no intervention. Yet, bizarrely, the Conservatives' ideology no longer applies when it comes to the rights of workers; the government intervenes, and intervenes quickly—too quickly.

It is strange, because the Conservative government is looking a lot like the leaning tower of Pisa: it always leans on the same side. It always leans on the side of the shareholders, never on the side of working people and their families and their interests. I am going to try to demonstrate this, but the Minister of Labour has made a good start on that today by showing her true colours: the colours of a Conservative government that could not care less about people’s working conditions or their right of association, their right to use pressure tactics, their right to speak or their right to negotiate a collective agreement without having big brother, in the form of the federal government, coming along and saying no. They have to get back in line and get back to work, and they no longer have the right to speak or to bargain freely, because the government has changed the rules of the game. This is not the first time it has done this, and we will come back to that.

This bill, which we have not seen yet and whose content is unknown to us, is a matter of great concern on more than one front. It is a matter of concern because this government reoffends repeatedly, attacking free bargaining and working people’s right of association; this is not the first time it has done it. This violates the bargaining framework that has been in place in Canada for about a century. It upsets the balance of power between the parties, because in negotiations between an employer and an association of employees, each side has the ability to put pressure on the other. The employer has the right to lock out and has its management rights; the employees have their association and a collective agreement, and the right to use pressure tactics, including the right to strike, but we get the impression that under this government, the right to strike is being eroded away. Every time someone is inconvenienced, a stop is put to all of that. The people are told to get back in line and shut up, and told they no longer have a choice.

The right to bargain means the right to use pressure tactics. Last week, the Minister of Labour came out publicly and went to the media to announce, not even 24 hours after the workers went on strike, that if there was no negotiated agreement there would be special back-to-work legislation. What did the minister accomplish when she did that? She told the private company and the employer that there was no longer any motivation to bargain in good faith, because the legal and constitutional threat that the workers were using had disappeared. There is no longer a balance of power. The employer has no incentive to find a negotiated solution that would be reasonable for both parties.

In so doing, this government attacked not just those 5,000 families, but also the right to strike and to use pressure tactics. That upsets the historic balance between employer and union in labour relations in Canada, and this is not the first time it has done this. It is strange to note that the Conservatives do not do this when it is to preserve jobs. We will recall what the Minister of Transport had to say, not so long ago, when it came to the 2,400 jobs at Aveos.

The Conservative government responded that it would not interfere because Aveos was a private company.

As far as I know, CP is also a private company. How is it that the Conservative government cannot save 1,800 jobs in the Montreal area, but can rush to the aid of a very profitable company that wants to attack its employees' working conditions and pensions? In this case, the Conservative government is acting as quick as a flash, jumping in with both feet and imposing its will on the parties.

Last Wednesday, the minister told the head of CP that he did not have to negotiate any more because she was going to take action and force 5,000 people to return to work. That was the Conservative government's message—the same message it gave to Canada Post and twice to Air Canada. Today it is attacking the rights of CP workers.

In just over one year, on four occasions, this Conservative government has interfered in collective bargaining, favoured the employer and attacked the rights of workers by shoving down their throats concessions regarding their working and living conditions.

That is not acceptable to us in the NDP. We are concerned about this and so are the workers and their families across this country. Who will be next? The postal workers have paid the price. For the first time, the official opposition put up a fight in this House to defend their rights and allow them to negotiate longer. The Canada Post employees remember. They still congratulate us on the work we did as the official opposition, even though the Prime Minister's Office killed the agreements that had been reached at the bargaining table.

The Conservatives attacked the rights of the Air Canada pilots. They also attacked other Air Canada employees, like the mechanics. This time, it is the 5,000 workers at Canadian Pacific who will pay the price. For the NDP MPs, this is unacceptable. We are wondering who will be next. Which groups of workers will have to suffer once again the unnecessary, irresponsible, and unjustified interventions of this government, which jumps at every opportunity to impose cutbacks on the workers and hurt the economy in the same breath? I will come back to that.

There are not a lot of figures on this file, but there are some that are very important: 570 is the millions of dollars in profits that Canadian Pacific made in 2011. This is not a company that is struggling.

I had the honour of representing Quebec membership for years and with my union background, I can tell you that when a company is in real difficulty, the union and the workers' associations are able to sit down and come up with solutions. Concessions are negotiated. I have seen it happen. When the company is doing well, the employees can do well. When it is in difficulty, the employees are careful, they tighten their belts, they can accept freezes, they can spread things out. The workers know the score. They are not stupid.

CP Rail made $570 million in profit in a year. What is the government doing? It is dipping into workers' pockets in order to pay the company's U.S. shareholders. That is what is happening today. It is shameful and unacceptable. We are fed up with seeing this government interfere in free bargaining and attack fundamental rights, as they are doing once again today and tomorrow.

With $570 million in profit, this company is hardly in trouble. If the government had let the parties bargain freely, they could have found a solution. There is optimism in the early stages of bargaining, but when the government stuck its nose into the process, the employer started to get the message that it did not need to do anything. It could just sit back and wait for special legislation, which is very sad.

In the past quarter alone, CP made $142 million in profit. This is a company that is in very good shape financially. In the past four quarters, shareholders have received the largest dividends in CP's history. We are talking about historic amounts. In 30 years, CP shareholders had never received dividends as large as they received in the past four quarters.

The message that sends is that even if your company is doing well, you have the right to attack workers' working conditions. The government will not only let you, it will encourage you. That is what the government is doing today.

This gives us an idea of the real situation at CP Rail. We are told that there are problems with the pension plan. All pension plans have problems, and I will come back to this later, but the pension plan negotiated by the Teamsters and CP was 96% funded last year, and that is a very high rate. The plan is healthy. Yes, workers get good pension benefits, but that is because they put a lot of money into the plan. CP workers put twice as much money into their pension plan as other rail workers, including those at CN. Obviously, at the end of the day, they benefit from that, which is a good thing.

What is retirement? It means deferred wages, money that people set aside for their senior years, and this is a good thing. Canadian Pacific was asking for huge concessions, and the union, which was also at the negotiating table, was prepared to compromise. There was some openness in that regard. When the company talked to the union and met with it, that is what it told us. It knew it was facing a challenge, but I would also point out that this company is extremely profitable and financially sound. We must not forget that.

The Minister of Labour and the Conservative government have only a single argument: the impact this will have on the economy. I have not heard anything else from the minister. The first thing I would say to that is this: if you use pressure tactics and it has no impact, you do not hold much balance of power. When the minister announced the special legislation, the strike was not even 24 hours old. This really pulls the legs out from under workers. It pulls the rug right out from under them and violates their rights, once again.

If this has any impact on the economy, it is because of the balance of power. That is how the labour relations system functions in this country. Of course it should have an impact. When the employer imposes a lockout, that also has an impact on workers. When workers resort to pressure tactics, of course it has an impact. If that were not the case, they would not be called pressure tactics, because there would be no balance of power. Our system is built on that principle.

I would like to respond to the minister's argument about the economic impact of the job action. Reducing Canadian Pacific workers' pensions by up to 40% will have an economic impact because it will reduce salaries and pensions overall. That is dangerous because we need people, seniors with good pensions who can keep spending money in their communities. If these people have no income other than OAS, which they will not receive until they turn 67, what impact will that have on our cities, towns and communities? These people will be poor and will no longer be able to spend money the way they used to in restaurants, corner stores and clothing shops or on travel and tourism.

A company that racks up a $570 million profit in a year, then asks its workers to agree to cuts of up to 40% of their retirement benefits is indecent. The NDP understands why workers are not okay with this. These people have contributed to their retirement plans and do not want the benefits to decrease.

The icing on the cake is that 2,000 non-unionized workers—mainly Canadian Pacific managers—contribute to the same pension plan. Yet, they receive the same benefits despite the fact that they contribute half as much as the unionized workers. That means one thing: this is an attack on people's ability to spend and have a satisfactory retirement. It is a very important issue, not only for the workers of Canadian Pacific, but also for the entire population.

In passing, I wish to salute the campaigns of the Canadian Labour Congress and the FTQ that, for several months, have been urging the government to invest and inject money into the public pension plans.

Indeed, that would be the most effective and healthy way of ensuring that retirees and seniors live decent lives. These are simple and affordable solutions that could save all seniors from the grips of poverty. Therefore, it is important to invest in the guaranteed income supplement, and also to invest in the public plans, the Canada and Quebec pension plans.

These tools exist, but the Conservative government is ignoring them and prefers to give free reign to a company that intends to slash the benefits of its workers. For us, that is unacceptable because it will have repercussions on the economy and on the lives of families and future retirees. When people invest a lot of money in a retirement plan, they expect to receive benefits; that is natural. It is a pity that the government is encouraging management to move in this direction. That is what this legislation does today. It is not good for the economy, nor is it good for communities and families.

Here are a few examples of the draconian effects that Canadian Pacific's demands will have on Canadian middle-class families. Indeed, the attacks on unionized workers are very much attacks on the middle class. The middle class is primarily a creature of the union and labour movement because, before people became organized and fought for their working conditions and their rights, they faced exploitation that was even worse than we see today. Yet, there is a sense that the middle class is crumbling because labour unions are being attacked. Once again, the Conservative government is pushing this ideology.

Here is an example: an employee who is 50 years old with 30 years’ service for Canadian Pacific would lose $9,900 every year to the end of their life. The changes proposed by the employer and encouraged by the Conservative government would cause that person a loss of nearly $10,000 a year. A locomotive engineer aged 50 with 30 years’ service, who lives and works in British Columbia and has five years left to work before being able to retire would see their pension cut by $9,900 a year, if Canadian Pacific gets the concession it is demanding. That employee will have invested their entire adult life in that career; they are preparing to retire and have no alternative to replace that income to entitle them to a pension that Canadian Pacific is trying to take away from them. That employee made higher contributions than the contributions paid by employees of any other railway company, and now the government would give the employer preference by acquiescing in the significant concession that Canadian Pacific is demanding from its Canadian and Quebec employees. This is shameful. This is not the way to treat people. This is picking the pockets of working people and their families so the company, which is already making a profit, will make even more profits. A profit of $570 million in one year is not enough; it has to have $600 million or $700 million. How are they going to achieve that? They are going to hit the workers over the head, they are going to lower their working conditions and cut their pensions. What that will do is impoverish our society; it will impoverish the whole of our real economy. That is what the Conservatives seem to forget. They are blind to this phenomenon.

Here is another example: an employee who is 40 years old with 20 years’ service for CP would lose more than $27,000 a year. That is appalling. A conductor aged 40 with 20 years’ service who lives and works in Saskatchewan and has about 15 years left to work before being able to retire would see their pension cut by more than $27,000 a year, if Canadian Pacific gets the concession it is demanding. That employee will have invested their entire life and be preparing to retire. They will have no other choice, no other option. They counted on this; it was their nest egg. I would point out that this employee has paid higher contributions than the contributions paid by employees of any other railway company in the country, but the government is giving the employer and its concession demands preference, once again. It is shoving substantial losses of income down these people’s throats, when these women and men, who work hard, who provide a service to our economy, will be losing their pensions. In the NDP, we think they deserve more respect than that.

Here is another example: a 30-year-old employee with 10 years of service with CP would lose more than $30,000 a year upon retirement. An Alberta train conductor who is 30 years old with 6 years of service will still need to work another 25 years before retiring. His pension will be cut by $30,000 a year. He will have invested in this fund throughout his life, because there was no other alternative available, no other option. The Conservative government is going to make this young worker pay the price, and his living conditions will be affected by the special bill that the Minister of Labour is about to introduce in the House.

And it is unfortunate, because I would have liked to have had the opportunity beforehand to ask her whether she was going to have the courage to introduce the bill today so that we could see exactly what the details were. Or did she feel that it would be better instead to wait another day, given that the motion on the subject was clear in any event: she is planning to spend only 3.5 hours of debate in this House on the matter. We will have 3.5 hours to discuss very important special legislation that will have a major impact on the lives of 5,000 people in this country.

Pension plans are an essential factor for the redistribution of wealth and equity in our societies. Unfortunately, we have a government that is not doing anything to improve or protect pension plans.

I am going to relate a family anecdote. My grandfather Urgel—I think I am allowed to use his name—worked for the Singer company for 44 years in a big factory; it was a big company in Saint-Jean-sur-Richelieu. He worked at the forge with his friends. When he retired, the company left with the pension fund. He was left with nothing. There were legal proceedings for years, even decades. By the time the workers finally won their case, my grandfather had died. He never got his money.

Why is this government going down the same road and attacking Canadians' retirement plans? Why is it unable to do anything to help them? Why, when a company declares bankruptcy, are the workers not at the top of the list of creditors? Why are the banks and shareholders the ones who collect the money and why are there only ever crumbs left over for the workers? We have a government that is heading in the wrong direction, that makes bad economic choices, that always favours the same people, when people are in need and people in the middle class are having a hard time making ends meet. The middle class is shrinking and the Conservative government is not helping.

From 1980 to 2009, the purchasing power of the middle class has remained unchanged. The richest 20% became 38% richer. Over a period of roughly 30 years, their incomes increased by nearly 40%. The poorest 20% have seen their incomes drop 11.5%. The poor are poorer today than they were in 1980 because they had greater purchasing power then than they do now. The middle class has stagnated; there was no increase. Middle class incomes did not go up. If their income does not increase, how are they supposed to cope when the price of fuel, milk and meat increases, when the cost of groceries and rent goes up? What does this mean? This means that there are people who are poorer today. The middle class is poorer today than it was 30 years ago.

Shoving special legislation down our throats is not going to improve the situation or change anything. The government giving tax credits to the oil companies at every turn is not going to help Canadian and Quebec families. The government tells us it gives families tax credits, but, again, those families have to have enough income to pay income tax in order for such credits to be of any benefit.

Allow me to come back to the issue of the Canadian Pacific negotiations, because they are at the centre of today's discussion and of this infamous bill that the Minister of Labour will be introducing.

I want to speak about fatigue management. Canadian Pacific workers are constantly on call. They must be reachable by telephone 24 hours a day, seven days a week. There is a real problem at Canadian Pacific, that of fatigue management. There was a pilot project that lasted five years. This phenomenon, which affects hundreds of workers across eastern Canada, was studied. The issue was studied because there is a real problem with fatigue at work. Solutions were found, but nothing was done.

Today, we have a government that is helping an employer perpetuate a dreadful situation where employees working conditions subject them to extreme fatigue. Canadian Pacific workers have put forward legitimate demands at the bargaining table.

Just imagine: what was the demand for a person who has worked several weeks full-time? Two 48-hour break periods per month, real breaks, just to sleep. From time to time, it feels good to be able to sleep at night, and not during the daytime, because it is not the same quality of sleep. The workers documented this, had a study done, and came up with concrete solutions.

It is 2012 and we still have to fight to get days off, to be able to say that enough is enough, that we have worked long enough, and that we would like to spend a couple of days at home. The fact is that Canadian Pacific workers are unable to plan anything at all because they are always on call. Why not come up with a freely negotiated solution that says these workers will have two 48-hour periods per month when they can guarantee that they will be at home with their family and their loved ones? That is not asking too much. These demands are entirely reasonable.

What is this Conservative government doing? It is making it possible for the employer to perpetuate this situation. Canadian Pacific workers will continue to be tired. This not only has an impact on workers, their families, their family and community life, it also has consequences in terms of public safety. It is not in anybody's best interests to have people who are overtired managing trains. It may end up causing accidents and derailments. It is impossible to know what might happen.

We know that CP transports goods and sometimes dangerous goods. The trains sometimes go through residential areas, towns. Do we really want to have exhausted people working on or around those trains? Personally, I want CP workers who are healthy, proud of what they do and able to work under normal conditions, but they cannot at present. The Conservative government is totally insensitive to this.

This special back-to-work bill, the fourth in a year, will have an impact on public safety. That is shameful. It is shameful because not only does it send the wrong message and violate workers' fundamental rights, but it delays solving the real problems at CP.

Just imagine what will happen if this bill is passed and CP workers are forced back to work, even though they were exercising a legitimate and legal right. Imagine the poisoned work environment. This is not in anyone's interest, not even the company's. Problems that are not resolved today will still be problems tomorrow.

What the government is doing is putting things off, seeking a short-term solution and violating workers' rights. This will mean downgrading working conditions and reducing pensions, wages and leave; that is the message the Conservative government is sending today. This will leave scars on CP workers, and the problems that are not resolved will resurface with even more resentment, even more acrimony, because people will be frustrated. Forcing people back to work is never a good solution for the medium or long term. The government should have let the parties negotiate freely. The bargaining had not been going on for years. This strike is not very old.

The minister did not even wait 24 hours to issue her threat and hoist her sword of Damocles over the heads of Canadian Pacific workers. That is not a responsible way to behave. For once, we would have agreed with the Conservatives government's tendency to do nothing, to let the two parties continue negotiating. The government could have let the two parties—on the one hand, a strong union representing hundreds, thousands of workers, and on the other, a company just as strong, important to the country and profitable, which is a good thing—reach an agreement. Still, given that the company is profitable, it should treat its workers well because they are entitled to their fair share.

Another issue that this bill raises—and this has come up over and over again in the House over the past year or more—is the fact that just as this government seems driven to attack workers' rights and working conditions, so it seems driven to silence MPs.

The motion we are debating here today is basically another gag order, because it sets out very specific guidelines for the discussions and because the government does not appear very willing to listen. I will read the motion:

(a) the said bill may be read twice or thrice in one sitting;

(b) not more than two hours shall be allotted for the consideration of the second reading stage of the said bill, following the adoption of this order;

(c) when the bill has been read a second time, it shall be referred to a Committee of the Whole;

(d) any division requested in the committee shall be deferred until the end of the committee's consideration of the bill;

(e) not more than one hour shall be allotted for the consideration of the Committee of the Whole stage of the said bill;

Wow, one hour.

There are 308 members in this House, all parties combined. I do not have a calculator, but if we divide one hour by 308 members, that does not allow much time for everyone to speak, although when we are in Committee of the Whole, we should be able to propose amendments to the minister's bill.

Thus, at second reading, two hours of debate will be allowed, but during the Committee of the Whole, only one hour is granted. The motion continues:

(f) not more than one half hour shall be allotted for the consideration of the third reading stage...

It is a good thing we do not have a fourth reading, for it would get only 15 minutes, since the Conservatives are cutting the time in half each time.

Canadians and Quebeckers are starting to get a little tired of the government’s arrogant and condescending attitude, because we are seeing the gag being used repeatedly in this House. We have seen it several times. If my calculations are correct, today is the 21st gag in a year. That is a record I would not be proud of if I were a Conservative member, because it is an infringement of members’ freedom to speak to bills as fundamental as those.

We have seen this with other bills. Debate on Bill C-38, a bill that amends 69 acts and is 450 pages long, was gagged. That bill will therefore be considered by only one committee, the Standing Committee on Finance. In Bill C-38, the government is amending a lot of things and attacking a lot of rights. One third of the Act to implement certain provisions of the budget relates to environmental assessments. As they say, the connection escapes me. The bill also amends the Fisheries Act and fish habitat provisions. That is going to be considered by the Standing Committee on Finance. I imagine that the Standing Committee on Finance has invited a lot of fish habitat experts—or at least I hope it has—because that is a consequence of this bill.

Why is the government refusing to listen to parliamentarians, to members? Because it does not want to hear the amendments; it does not want to have suggestions; it does not want to agree to amendments; it does not like opposition; it does not like democracy; it does not like debate; it does not like discussion. One thing is clear: to the Conservative government, democracy means 35 days every four years.

We know that once the election is over, if we happen to have the misfortune of getting a Conservative majority government, it has no further need to listen to anyone and it does what it likes.

Excuse me, but that is not a healthy, living democracy. There has to be dialogue with the public, with the people. There has to be discussion with colleagues in Parliament. Unfortunately, we have a government that has a closed mind and even gags its own members, who might like to speak occasionally, but have to close ranks.

Recently, we had a few examples of people who dared to think for themself, dared to use their critical thinking skills and say that it was perhaps a little extreme to impose a gag for a 450-page-long bill with consequences for a multitude of issues and subjects, but they were immediately brought to heel. Bam.

On the opposition side, perhaps we would also like to hear what the Conservative members have to say, what they are talking about, what they think. Do they think it is healthy in a democracy to have a bill of this kind shoved down the throats of parliamentarians—on which they are unable to express their views?

Unfortunately, the special back-to-work legislation is another demonstration of this. We have a government that will not take responsibility when workers lose their jobs. It says that nothing can be done; these are market forces at work; and it is really sad.

I really liked it when the Minister of Transport expressed his sympathy and his sadness about the 2,400 Aveos workers, even though the Air Canada Public Participation Act had provisions forcing it to maintain jobs, primarily in Montreal as well as other cities across the country. Now the minister is refusing to enforce it because Air Canada created a subcontractor, Aveos. Because of that, the legislation does not apply anymore and the government can wash its hands of the whole thing.

When that is the issue, the Conservatives sit on their hands and do absolutely nothing. However, when it is a question of people exercising their right to freedom of association, freedom of expression, to use pressure tactics and a possible strike, then, what does the government do? It does what it did before. It brings out the big guns and boom. It tells people to get back into line and go back to work, because it does not want any repercussions. The company is doing well, but it does not have to make any concessions. It is always the same ones who have to make concessions; it is always the workers who have to compromise their working conditions and their living conditions. For us in the NDP, the official opposition, this is not a fair and equitable standpoint. This is not the kind of society we want to live in. Why can they not simply let the parties express themselves and give free reign to the balance in union-management relations that we have found in this country? The collective agreement with CP had not expired very long ago and, before the government got involved, the negotiations were going well. The company is profitable and is able to talk with its employees. However, with the threat of special legislation hanging over them, I say again, the Minister of Labour has destroyed that balance and unfortunately given the advantage to just one side, the management side.

The official opposition—the NDP—is incensed and opposes this bill that attacks workers' rights. We are starting to get fed up with the attitude of this government, which gives tax breaks to big corporations that do not need them and does nothing to help people who have trouble paying their bills and providing for their day-to-day needs. That will be the fate of the CP workers if this bill passes and their pensions are affected and reduced in this way, as is expected. We are anxious to see what exactly is in the bill because we do not yet know what it contains. Will the government impose arbitration? Will it side with the employer? We are anxious to find out. We would have liked the Minister of Labour to introduce her bill today, but she does not seem to have the courage to do so.

I will close by simply saying that the official opposition vehemently opposes a special bill that forces workers to return to work, attacks their fundamental rights and worsens the working and living conditions of thousands of Canadians. It is unacceptable and we condemn it.

Wayne Marston NDP Hamilton East—Stoney Creek, ON

I welcome you here today.

You are probably aware of the U.S. Steel purchase of Stelco in Hamilton and the complicating factors that occurred in that particular situation. The promise was that certain levels of employment would be kept, and that didn't happen. There was a court case. The government ultimately seemed to collapse in the court case. I'd have to know more detail to really prejudge that one. But for the people involved in that, it was the fact that they couldn't access the terms of the deal, that the government wouldn't release them to them so that workers would have an understanding. In fact they got a copy of the deal because of a lawsuit in New York State.

In 2010 Parliament voted unanimously on an NDP motion identifying some of the serious problems relative to the Investment Canada Act. I would suggest, and I'm not asking you for a political commentary here, that the government, by voting with the opposition, at least gave the impression that it was committing to in due course make some changes to the investment act, and we don't see them here in Bill C-38. They certainly don't live up to the promise that we thought would be there.

Do you have any thoughts as to why there are no specific amendments that would address the situation the government was in during that particular deal and also to allow for public hearings to allow input from people? The minister is making the determination of the value to Canada, but you would think that part of that might involve hearing from the people involved.

If you could, answer please.

Neil Bouwer Vice-President, Policy and Programs, Canadian Food Inspection Agency

Thank you, Mr. Chair.

I'm here today to describe the amendments to the Seeds Act proposed in Bill C-38, the Act to implement the budget.

First, I would like to say that these amendments will in no way reduce the effectiveness of Canada's food safety assurance system.

In general, the amendments would provide the legal authority to license private persons to carry out seed crop inspections in support of Canada's seed certification program. The amendments would also provide the legal authority for the Canadian Food Inspection Agency oversight of these persons. This would apply only to non-safety aspects of inspection. The Canadian Food Inspection Agency will not use private persons to fulfill any of its safety-related functions.

I'm prepared to go through clause by clause, if you wish, Mr. Chair, or, as has been the practice, I can just pause there and take questions.

Dominique La Salle Director General, Seniors and Pensions Policy Secretariat, Department of Human Resources and Skills Development

My name is Dominique La Salle—

I am Director General of Seniors and Pensions at HRSD.

—at HRSDC.

We are honoured to be with you this evening. I am here with some colleagues, Nathalie Martel, who is Director of Old Age Security Policy,

Ms. Annette Vermaeten, who is the director of the OAS task force; and Mr. Bruno Rodrigue, who is the chief of income security at the Department of Finance.

I will begin with a quick overview of the provisions under division 24, part IV, of Bill C-38, specifically clauses 445 to 467 of the bill, which amend sections of the Old Age Security Act.

This concerns three initiatives.

The first concerns the increase in the age of eligibility for Old Age Security.

Starting in April 2023 the age of eligibility for the OAS pension is proposed to be gradually increased by two years, from age 65 to age 67. In addition, the eligibility age for the allowances would be increased from age 60 to age 64, and be moved to age 62 to age 66 in parallel.

This age increase is being proposed with many years of advance notice to provide adequate time for Canadians to adjust. The change is preceded by an 11-year notification period, from now until April 2023. The actual change in the age of eligibility will then be phased in over a period of six years, from April 2023 to January 2029. The eligibility age will be increased by one month every three month—thus on a quarterly basis.

The change to the age of eligibility for the OAS program will not affect current seniors. Anyone aged 54 or older as of March 31, 2012, will not be impacted by the age increase. The government has announced that it would adjust programs under federal jurisdiction, since some programs use age 65 as a trigger for benefits. Such programs exist at Aboriginal and Northern Affairs Canada and at Veterans Affairs.

The government will also work with provinces and territories to fill the gap that this change would create for the Canada pension plan disability benefits and survivors' pensions. Finally, the government has committed to compensating provinces and territories for any net additional costs they may face resulting from the increase in the age of eligibility for OAS benefits.

The second initiative is voluntary deferral for Old Age Security pensions.

Starting in July 2013, a voluntary deferral for OAS pensions is proposed for introduction. This will provide eligible Canadians the option of deferring their take-up of their OAS pensions by up to five years past the age of eligibility, and for them to subsequently receive a higher actuarially adjusted pension. The voluntary deferral of the OAS pension will be available between the ages of 65 and 70, until the age of eligibility is increased, at which point it will start moving and gradually reach age 67 to 72 in parallel with the increase. The actuarial adjustment to the OAS benefit will be 0.6% per month, or 7.2% for a full year of deferral. Over five years, the maximum increase to the OAS benefit would be 36%, which would be paid to recipients for the rest of their lives and be fully indexed to the consumer price index, as are all OAS benefits.

Lastly, the third initiative concerns what is called proactive enrolment.

This initiative will allow the Minister of HRSDC to waive the requirement for an application, thus allowing for the introduction of automatic enrolment of seniors where the department has sufficient information to satisfy its integrity requirement. Where the available information is not deemed sufficient to automatically enrol a senior, the available information will be used to pre-fill the application form. We refer to this as a streamlined application process, which will make it easier for seniors to apply for the OAS benefit. This initiative will be implemented over a period of four years, beginning in 2013, and be fully in place in 2016.

Mr. Chair, that concludes my introduction.

If you wish, my colleague Ms. Martel can briefly explain the most important sections, the most important clauses.

or the more salient clauses involved.

The EnvironmentAdjournment Proceedings

May 17th, 2012 / 6:45 p.m.


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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Madam Speaker, while the Conservative government has an abysmal record on attacking climate change, it is trying to take credit for what the provinces have been doing. We know that in my home province, the provincial government has taken various efforts to try to reduce its greenhouse gases.

While the government has an abysmal record, it is trying to take credit for work that it did not do. The parliamentary secretary also mentioned the Sustainable Development Technology Canada program, which it cut in this budget.

We are missing out on an occasion to participate in the $1 trillion global green technology market.

Despite what my hon. colleague said, budget 2012 and Bill C-38 are two more measures that prove that the Conservative government does not care about the environment.

First of all, Bill C-38 confirms the repeal of the Kyoto Protocol Implementation Act. Then, it eliminates the National Round Table on the Environment and the Economy, an organization that advises the government on sustainable development. Initially, the minister said that the organization was being abolished because the unique research it did was available on the Internet. However, the government recently admitted that it had been embarrassed by the organization, which was a thorn in the government's side—

Protecting Canada's Immigration System ActGovernment Orders

May 17th, 2012 / 3:45 p.m.


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Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, I thank the member for participating in the debate. I think she is misinformed in a number of respects, one of which is the suggestion that Roma asylum claimants are not being fairly considered by our refugee system. Nothing could be further from the truth.

Under the current system and the system proposed by Bill C-38, claimants from whatever country of origin, ethnicity or cultural or racial background will all have the same access to the same fair and independent quasi-judicial process on the merits of their claim before an independent decision-maker of the quasi-judicial IRB in a manner that is consistent with natural justice and due process and that exceeds the requirements of the Charter of Rights and Freedoms and the 1951 refugee convention.

The member raises the notion that somehow there is a negative prejudice associated with asylum claims from European Roma. I have certainly done nothing to suggest such a negative prejudice. However, what I have done is comment on the objective mathematical fact that since we granted visa exemptions for several European countries in 2007 and 2008, some 95% of the European asylum claimants have not shown up for their own refugee hearing at the IRB and have abandoned or withdrawn their own claims. Of the tiny fraction that went to adjudication, only a tiny fraction of those were deemed to actually be well-founded asylum claims.

Is the member not concerned to see such a large wave of demonstrably unfounded asylum claimants in our system, not based on my opinion but on the actions of the claimants themselves?

The Chair Conservative James Rajotte

I don't have any other colleagues on the list, so I'll thank Mr. Campbell very much for presenting to us today.

We will bring forward officials for division 14, Canada Health Act. For colleagues' information, that's on page 281 of Bill C-38.

Welcome to the committee. Thank you for joining us this afternoon. We'd appreciate it if you had an opening statement, an overview, then we'll have questions from members.

Thank you.

The Chair Conservative James Rajotte

I call this meeting to order. This is the 61st meeting of the Standing Committee on Finance. We are televised today. Our orders of the day are pursuant to the order of reference of Monday, May 14, 2012. We are studying Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012, and other measures.

Colleagues, we are on part 4, division 13, which deals with the Bretton Woods and Related Agreements Act.

We have with us Mr. Campbell, from the Department of Finance.

Mr. Campbell, I'll let you give an overview of this division, and then we'll have questions from members.

Business of the HouseOral Questions

May 17th, 2012 / 3:15 p.m.


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York—Simcoe Ontario

Conservative

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

Mr. Speaker, first, arising out of questions of decorum, I am a believer that anything we do to elevate decorum here is a positive thing. I encourage him. For example, one of his members today, in a question, referred to a minister as being responsible for the department of propaganda. That is an example of what we consider to be the inappropriate kind of thing we hear from the opposition all the time.

We are very interested in seeing this Parliament function and making decisions. We have been happy to see that happening on the budget, with the longest-ever debate on a budget bill probably in Canadian history. We were happy to facilitate that through the rules. We will continue to ensure that we have broad and thorough debate here, but that we also make decisions so we avoid going down the path that others would like to go, to see us go down the path that we see Greece going down and places like the United States, where they have not had a vote in the Senate on a budget bill since April 29, 2009. We do not want to have that kind of indecision and crippling of our economy. However, we are moving forward.

The government's top priority is the economy. On Monday night, as scheduled weeks ago, the House passed Bill C-38, the Jobs, Growth and Long-term Prosperity Act, at second reading, bringing us one step closer to balancing the budget and assuring the responsible development of our resources.

The bill, which implements economic action plan 2012, is now with the Standing Committee on Finance and a subcommittee for detailed study by those two bodies.

As a result of the extensive debate we ensured for this bill, even the deputy leader of the NDP described it yesterday in the House as “being studied more than any other budget bill.”

Just so my friend understood this clearly, it was his own deputy leader who described the bill in the House yesterday as having been “studied more than any other budget bill”. That demonstrates our commitment to full debate in this House.

This afternoon, we will continue report stage for Bill C-31, the protecting Canada's immigration system act. This bill needs to become law before the end of June, so we will resume debate on the immigration bill on Tuesday, May 29, after the House returns from its upcoming constituency week.

Tomorrow the House will have an opposition day when we will debate an NDP motion.

On Monday, May 28, the House will have third reading of Bill C-11, the copyright modernization act, which would help our creative and digital economy. After years of thorough study and debate in this chamber, the members of the other place will finally have a chance to consider this important economic legislation.

May 30 shall be the fifth allotted day, which I believe will see a Liberal motion debated. Finally, May 31 shall be the sixth allotted day, which will go to the New Democrats.

The BudgetStatements by Members

May 17th, 2012 / 2:05 p.m.


See context

NDP

Claude Patry NDP Jonquière—Alma, QC

Mr. Speaker, as a member of Parliament, it is my duty here today to denounce Bill C-38 as an affront to democracy.

This bill shows contempt for Canadians. Logically, this bill should be divided into six separate parts and each of those parts should be studied in a parliamentary committee.

Worse still, this bill further reinforces Canadians' distrust, as they no longer have any confidence in the Conservative government.

As parliamentarians, are we going to be forced to ask people to take to the streets to defend democracy? I am beginning to wonder if that is the only solution.

Is there not some way for us to work together in a positive manner, regardless of our political affiliation, in order to get results for Canadians and communities, and to make more compassionate decisions that reflect the wishes of the people we represent?

Arrogance always has its price. If the government goes ahead with Bill C-38, Canadians will remember in 2015.

C/Supt Joe Oliver

I believe the Senate committee has studied this on two occasions: in relation to Bill S-13, and most recently in relation to the pre-study they are doing for Bill C-38.

The Chair Conservative James Rajotte

I'll call this meeting back to order. This is the 60th meeting of the Standing Committee on Finance. We are continuing our study of Bill C-38 and we are in part 4 at division 8, “Social Insurance Number Cards”.

I want to welcome Mr. Boyd to the committee and ask him if he can give us an overview of his division, and then we'll have some questions from members.