Bill C-38 (Historical)

Jobs, Growth and Long-term Prosperity Act

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

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

SECOND READING

[Mark Adler, Conservative, York Centre, ON]

Madam Speaker, once again the opposition misses the entire point. Twenty-five per cent of this budget is for the Canadian social transfer, which has not been touched. In fact, we have guaranteed a 6% increase to 2016 on the social transfer consistent with nominal GDP.

Hon. members on the other side claim that we are not doing the right thing. I am sorry to tell them but job creation is the right thing. We are doing the right thing for Canadians. That is why they sent us here. We put a plan to them in last year's election and they sent us back with a strong mandate to implement that plan of job creation, growth and long-term prosperity.

I am really ashamed of the opposition for not standing up proudly and supporting Canadian jobs and Canadian investment.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, I am pleased to share my time with the hon. member for York South—Weston.

Bill C-38 is a complete assault on the democratic process. The government has tabled a 421-page budget bill, the majority composed of significant policy reforms far outside budget matters, all the programs and policies that are of critical significance to Canadian families and communities.

The bill introduces reforms to long-standing policies and programs. When I say long-standing, it is 50 years of environmental, fishery, health, pension, employment equity and immigration policies and programs. All of these are significant public policy matters and legislation that normally would come before the House in separate proposed bills. They would go through full debate, go to committee review and would afford the opportunity to Canadians who are concerned and affected by these policies to be consulted. It is absolutely shameful what the government is doing in this bill, and I cannot say anything less than that.

Then the government imposes closure on the minimal debate that it has allowed us to have on behalf of our constituents, on likely the most critical bill to come before the House in decades. It is a bill that commits billions of dollars in spending, at the same time significantly eroding its constitutional mandate. So much for the Conservative government platform of open, transparent, grassroots democracy. We have closure after only a few hours of debate on a 421-page budget bill. Is that transparency, open government, participatory government? I will let Canadians decide for themselves.

The government claims its budget is all about creating jobs, yet according to the analysis by the Parliamentary Budget Officer it will actually result in the loss of 43,000 jobs.

Bill C-38 introduces pension rollbacks. It proposes major changes to Canadians' access to public pension benefits on which they have come to rely. Despite complete silence during the election, despite analysis by the PBO that the changes are financially unnecessary, the Prime Minister, post-election and from Davos, Switzerland, announced significant reductions in OAS benefits, now implemented through the bill. This is in spite of the fact that the majority of Canadians have no access to private pension plans. The effect will be that many Canadians will be denied old age security until the age of 67. There will be disproportionate impacts on women, already making up the highest percentage of Canadians living in poverty, and those surviving on minimum wage or working as physical labourers.

The government has said that there is a lot of time to save up to survive those lean years. It has said this to families that already have record personal debt, that contributed all their lives toward a pension, that are likely overwhelmed caring for elderly parents, or trying to pay off their mortgages, or university fees for their children or prescriptions. They should not look to fall back on EI. There are no special favours for seniors. Under the new laws, they can now relocate to other provinces to earn their keep.

Bill C-38 would severely reduce transparency and centralizes power in the cabinet. It would reduce the audit and reporting powers of the Auditor General. It would limit the rights of Canadians to participate in reviews of major industrial projects to those directly affected, as determined within the complete discretion of the minister. It would transfer powers from independent quasi-judicial boards to ministers to decide on assessing or approving major industrial projects. It would cut libraries. It would further cut Statistics Canada. What is next, book burnings? We already have the witch hunts against those who are assisting communities and first nations in trying to determine what the impacts of major projects might be on their health or livelihoods.

However, most important, to me and to the many Canadians who have spent decades volunteering their time intervening in multi-stakeholder processes to ensure that we develop sound, credible environmental laws in the country, laws that have been held up and marketed around the world as the model for how to do economic development and at the same time ensure sustainable development and protection of health and environment, the bill would rescind critical laws that have been in place for 40 to 50 years. It is absolutely reprehensible and contrary to the prior practices, which I used to brag about around the world, of intensive consultation with industry, the public and impacted communities.

The Conservatives are amending the federal Fisheries Act. They are strangling the unilateral federal power to protect fish and fish habitat, not just for the benefit of Canadians but for the sake of the preservation of the species. The minister formerly spoke of avoiding duplication. I have worked hand in glove with federal and provincial agencies over forty years toward removing any sense of duplication. We already have in place scenarios of review and approval of projects where the federal government is already invisible, despite its constitutional powers and its mandates under Canadian law.

In truth, the government is amending the Constitution, without consultation, by removing its exclusive power to protect our fisheries, which further erodes the Crown's duty to protect aboriginal rights and titles.

It imposes a two-year time limit on reviews. It empowers the National Energy Board to make decisions on endangered species. Heaven forbid, we actually have a federal law on the books where the government is obligated to go through a very thorough process with appropriate scientists and careful review with the public and anybody impacted. The government will short-circuit the process and give that to the National Energy Board to decide.

In essence, the bill would download mitigation and cleanup costs from the proponent of a major project to impacted Canadians and first nations. It would allow the federal government to transfer its powers and duties to provinces. We are downloading possibly unconstitutional measures.

This is mere months after the government committed to finally exercise its authority and responsibility to ensure proper monitoring of the oil sands development on the Athabasca, the Mackenzie basin. It is cutting monitoring dollars. It is cutting a 100 more scientists, while muzzling the remaining ones.

Of personal interest to my constituency, the government is shutting down all the regional emergency and oil spill response teams. That is in the wake of the largest fresh water spill in North America, where the federal government completely dropped the ball and failed to deliver on its responsibilities on emergency response to these spills. This is in addition to a major spill in Wrigley, Northwest Territories, a major spill near the Lubicon First Nation in Alberta and massive fish kill from derailments in the Cheakamus River in B.C.

What is the government's response? To save a few pennies, it is removing all capability of the federal government to exercise the responsibility. It regulates the railroads. It has a responsibility for fisheries. It has responsibility for first nations peoples. In the very least, it has responsibility for transboundary waterways. It is completely dropping the ball on its responsibilities.

Is all of this legal? Downgrading environmental laws offends the clear mandate of the Minister of the Environment under the Department of the Environment Act. Contrary to what a series of Conservative members have propounded, the minister has, under that law, a singular mandate to protect the environment, not to sacrifice it to fast-tracked energy projects fronted by foreign investors.

The government, in downgrading its environmental laws, is actually also violating its trade laws. From NAFTA to the most recent free trade agreements with Panama, Canada's trade deals forbid Canada to weaken its environmental laws and regulations for an economic advantage. In exchange for those expanded markets, Canada committed to improve, not downgrade, its environmental protection laws. Therefore, the government is not only failing to exercise its constitutional responsibility, it is not only failing to deliver on its environmental mandate, it is violating the very trade agreements about which it brags.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, it is worthwhile to note that the government has once again moved time allocation on a very important bill.

This is a budget bill. It is one of those bizarre ominous bills in which the government has made the determination to take what I believe is a cowardly act, bringing into this bill legislation that should have been standing on its own. I am referring to the environmental legislation.

What the government is doing, through the back door and by putting in time allocations, is undemocratic. Quite frankly, it is just the wrong direction for the government to be moving in with regard to the environment. The legislation is devastating to our environment.

Does the member agree with Liberals that the environmental portion of this ominous bill should have been stand-alone legislation? The government is wrong to bring it in through the back door in this ominous bill. Does the member agree?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, I do not have to agree with just the Liberals, I am agreeing with over 100 of my colleagues who very demonstrably made this case in the House.

I participated in the processes to develop the current Canadian Environmental Assessment Act. I participated in the development of the Canadian Environmental Protection Act. All of those processes were open, transparent and participatory. They occurred over many years.

Previously, under the Canadian Environmental Assessment Act, there was an advisory body consisting of industry, the provinces, the federal government and the public, to advise on proper implementation of this bill and to consider everyone's interest. In one full blow, inappropriately through a budget bill, with no opportunity for discourse or dialogue with the Canadian public, we have this absolutely reprehensible move by the government. I know that Canadians will chastise it for this. It is incumbent on the government to separate this bill and to open it up for proper review and discussion by Canadians.

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

Mr. Speaker, I am standing here today to correct some misinformation that is being perpetuated by not only this member but a number of members of the House of Commons with regard to the length of debate, et cetera.

I just heard my Liberal colleague from Winnipeg North make what sounded like a hypocritical statement about time allocation. In my hand I have the past 10 years of time that was dedicated to budgets. In the last 10 years, not a single other budget bill was debated longer than the 7 days we are about to do, the 28.5 hours we are about to do, in this House. Not a single other one.

Let me read for the member, and I would like to ask her to reflect on this because I am going to ask her a question about it: 1992, 11.2 hours, 4 days; 1996, 16.9 hours, 5 days; 2004, 10.7 hours, 3 days of debate; 2005 was the longest one at 21.8 hours or 7 days by the Liberals; and ours is 7 days, 28.5 hours.

Is the member prepared to apologize for the misleading information she has provided?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, this is the second time in two days that I have heard this comparison about a decade. I will remind the hon. member her government is responsible for six years of those. If time has been given short shrift, it is the Conservatives' responsibility. We can always compare to the worst-case scenario.

The point that other members in this House and I are making is it is not simply the length of the debate of a budget bill but the short-circuiting of discussion of significant policy matters, generally speaking, by the public of Canada who have a right to come forward and tell us their views on the many extraneous public policy issues in this bill. It is absolutely a disgrace.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, on the issue of the assault on democracy, one could not even read this bill in 28.5 hours. The bill is enormous. It touches on more than just how much money we are going to tax Canadians, which is what a budget is about. It touches on the environment, fisheries, pensions and so many things that are not supposed to be part of a budget, but they are.

I note the comments by my colleague for Winnipeg North about this being an “ominous” bill. I think that was a slip of the tongue as it is an omnibus bill, but I also think it is an ominous bill for Canadians. The bill is missing some things. There is nothing here for the burgeoning demand for public transit in this country. There is a huge infrastructure deficit, but the bill is completely silent on whether the government is going to attend to the problem.

On immigration, my colleague for York Centre suggested that we are just getting rid of the people who are on the faint hope list. However, this has nothing to do with getting rid of people on a faint hope list. This has to do with people who have discovered that the government gives them faint hope because it changed the rules after their application was in. After a couple of years, it decided to cut them off the list and give them some of their money back. These people have spent countless sums on legal fees, tests, police checks, et cetera, that they will never get back. The Conservative government is completely uncaring about the huge devastation it is causing those would-be immigrants from other countries by leaving them on a list for 10 years and then cutting them off.

The bill has nothing on the huge increase in fuel prices in my riding in the past few weeks and months. I hear about this daily. Ordinary Canadians are worried that they will not be able to afford to get to work and that seniors will not be able to afford to get to the doctor. Seniors' pensions do not go up by the amount that fuel prices have gone up in the last little while. The government is completely silent on it.

The government suggests that the bill is about jobs. Well, according to the Parliamentary Budget Officer, whose reports the Conservatives do not like, the bill would actually cost the economy 43,000 jobs. That is a lot of jobs. The Conservatives' oft-touted figure of how many jobs they have created since the recession ignores the fact that they have been in government for much longer and the number of people looking for work has gone up. The percentage of people in the workforce who cannot find a job has gone up significantly since the Conservative government took office. It is all well and good to say that there was a recession and we are back, but we have done nothing about creating the structures in this country to create full employment. This budget does nothing more about it.

On pensions, the Conservatives talk about how there is a crisis. There is no crisis. In fact, the crisis they claim is because baby boomers are retiring. However, their solution exempts most baby boomers from the solution as baby boomers would continue to get the full OAS and GIS. It is the people who come after the baby boomers who are going to be shortchanged. They will be penalized doubly: they would have to pay for the baby boomers because the government says it is a crisis, but they would get nothing in return.

Canadians are going to wake up and smell the coffee at some point, and realize that the Conservative government has got it wrong and there is not a crisis. There may be crises in other countries that spend significantly greater amounts of their budgets on pensions, but not here in Canada where we spend a small fraction of what is spent in other countries on basic OAS.

What I really want to tackle the government on, and I should not be doing this in the context of a budget bill but it is in there, is the elimination of the Canadian Environmental Assessment Act and the replacement of it with the Canadian environmental evisceration act. The decision by the government to incorporate this in a budget bill has nothing to do with budget, it has nothing to do with spending of money. However, the government's suggestion that it is stronger is absolutely wrong, and I will give some examples.

The definition of an environmental effect in this budget is significantly different from the definition in the old act. The old act suggested the environment is land, water, air, et cetera, and that has not changed, but the environmental effect is the effect of any change on such things as wildlife, critical habitat, individuals, health and socio-economic conditions of human beings, physical and cultural heritage, and the current use of land and resources. That is not in the new bill. The new bill talks about environmental effects as being: fish, as defined in section 2 of the Fisheries Act, which is changing; aquatic species, as defined in section 2 of the Species at Risk Act; migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act; and any other component of the environment that is set out in Schedule 2.

I will read Schedule 2. That is a moment of silence for the environment because Schedule 2 is empty. There is nothing there.

The government suggests that it would protect the health and environment of human beings. It is not in this bill. It has left it out. The minister can make regulations under Schedule 2, but he can also change them. He can also decide not to have any regulations. It is very clear that the old act was very specific. It protected the environment, not just of fish, birds and the air but of human beings, their culture, heritage and dwellings. That is missing from this bill. It does not go unnoticed by this side of the House that it is a reduction in the protections that would be available to the environment by the government.

There is another big change in this act. The old act talked about needing environmental assessments any time there were projects, which included any physical work, proposed construction, operation, modification, decommissioning, abandonment, undertaking and proposed physical activity. There is a good definition of what a project is. The new act talks only about designated projects. The minister would get to decide what a designated project is. He would make regulations under section 84 for the definition of a designated project. Therefore, not everything that we have come to expect would be assessed. That is gone. The minister would get to decide which things will be environmentally assessed. As a result of that discretion being left to the minister, based on the current minister, woe betide the environment. That is not very helpful to the environment, abandonment of what can go on.

I do not have enough time to go into the machinations of what this bill would do in many other areas. Unfortunately, I will not have time to do that in part because time allocation has been applied by the government, which, with its majority, is determined to cut off debate. That debate would be cut off before I could even read all of the portions of this bill that would affect Canadians in an adverse way.

We now know, and it does not take much reading to discover, that the government's agenda is about helping its friends in the oil patch. In particular, with the definition of “designated project”, I am willing to bet there will be a whole bunch of things that will not need an environmental assessment any longer. When those environmental assessments happen, the government has said that they will be streamlined. They will take two years, no more and no less. If a project takes longer to study it, if it is that big, if it crosses all of Canada and takes longer, should we not do it right rather than rushing to do it wrong and harming the environment?

The definition of “sustainable development” is still the definition that existed in the previous act. However, it is not going to be possible to have sustainable development under this act if the government, as we suspect, abandons its responsibility to study many of the projects that are now being studied and if it abandons its responsibility to study those elements of the environment that are important to human beings and not to just fish, birds and other wildlife.

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, West Coast Environmental Law says:

For decades, Canadians have depended on the federal government to safeguard our families and nature from pollution, toxic contamination and other environmental problems through a safety net of environmental laws. Today's budget would cut up this environmental safety net...

It further states:

A robust, sustainable economy depends on a healthy environment. The multi-billion dollar clean up costs from the Exxon Valdez and the Gulf oil spill remind us that it is citizens who pay the price when things go wrong.

Does the hon. member think that the environmental sections of this bill should be hived off, as the Liberals have called for, and sent to committee for public scrutiny in a clause-by-clause study?

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, the NDP as well has determined that this portion of the bill—and perhaps several other portions, but this portion in particular, which deals with the environmental assessment changes—has nothing to do with budgets. It has nothing to do with whether we tax people or whether we give people back their money. It has to do with protecting the environment, and it ought to be studied in much greater depth and by the right parts of the government, meaning by the environment committee and the environment departments rather than by the finance department. It has nothing to do with finance and everything to do with the environment, and yes, it ought to be hived off.

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, I would like to congratulate the hon. member. As usual, his analyses and comments are excellent.

This new budget basically ignores sustainable development, or the co-operation among various rural communities throughout Canada and the development of economic projects and drivers that will create jobs.

How is it that we have only six or seven days to debate a budget that will have an unbelievable influence and unacceptable impact on many regional economies? Why are the Conservatives hiding things throughout this 425-page budget that will only benefit big business?

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, these changes and the speed being proposed for their adoption are at the nub of what is going on here, particularly with the environmental issues. May 14 is now the deadline. Why is May 14 the deadline? There must be a project in the works that needs this kind of non-environmental assessment and that cannot begin until the government has passed this bill. My suspicion is that there is some other agenda that we have not yet heard about. Is that not the way that the government has behaved so far?

We did not hear about the cuts to the OAS until somebody in Davos decided to leak the information. We did not hear about the evisceration of the Canadian Environmental Assessment Act until we saw it in the budget. This certainly was not campaigned on by the government, yet here we are, so I suspect we have more surprises in store from the Conservatives and their hidden agendas.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, in addition to the reprehensible downgrading of environmental law, by following this procedure of introducing changes to the environmental assessment and fisheries laws through the budget, the government has actually violated the side agreement to NAFTA, which obligates Canada to provide advance notice and opportunity to comment on any proposed change to environmental law and policy.

I wonder if the member could speak to not just the substance of it, but to the government's violation of its international commitments as well.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, it certainly appears to me and to most casual readers to be a violation of NAFTA. However, will we be accused of being anti-Canadian if we ask our friends in Washington to suggest that the government should have given notice to both Washington and Mexico, the partners in NAFTA, that it was about to downgrade its environmental protection system? There certainly should be some involvement by our partners in all of our so-called free trade agreements, some of which we actually did support.

[Greg Kerr, Conservative, West Nova, NS]

Mr. Speaker, I would like to indicate I will be sharing my time with the member for Saint Boniface.

Recently our government delivered the economic action plan for 2012. This budget is one that would support jobs for Canadians, grow our economy, reduce red tape and increase efficiencies across government. This budget is a moderate approach to returning to balanced budgets in the medium term while making key investments in business and innovation. This is a budget Canadians can count on. There are many items in the budget that would help Canadians find jobs and save money.

While we are focused on growing the economy and putting more Canadians back to work, the opposition is focused on negativity, fearmongering and killing Canadian jobs.

In my remarks, I will focus on some key areas of the budget and highlight why the changes we are making would be good for Canadians' future.

A few things I would like to focus on are the changes to the old age security, reducing red tape in our project review processes and improving efficiencies at Veterans Affairs.

With regard to OAS, the opposition is trying to scare our seniors into thinking that we are taking away their benefits. That could not be further off the mark. What we are doing is ensuring that benefits remain for the long term, because we know that Canadian seniors need these benefits.

Let us talk about the changes to OAS. OAS is a government program, funded through general revenue, that if left in its current state will become unsustainable. What we are doing is introducing a reasonable plan that would be phased in over a long period of time and that would ensure that these benefits our seniors need remain far in the future.

We are making OAS more accessible to seniors by providing automatic enrolment instead of having them go through an application process. We are also introducing the option of deferring the beginning of OAS benefits, an option that would allow more seniors the choice for what is right in their situation.

Our decision to make changes to OAS is not an easy one, but it is the right one, and the opposition knows it.

For our most vulnerable seniors, we have created a GIS top-up. In budget 2011, we announced additional annual benefits of up to $600 for single seniors and $840 for couples for more than 680,000 low-income seniors.

We have also moved to reduce taxes for our seniors. In 2012, a single senior could earn at least $19,542, and a senior couple $39,084, before paying federal income tax. As a result of our actions since 2006, 380,000 seniors have been removed from federal tax rolls.

Through these measures, we are taking the tax burden off many seniors so that they can keep more of their savings.

We will continue to make responsible decisions that ensure Canadian seniors are receiving the benefits they need in retirement.

On environmental and project review, the opposition has spoken out against our plan to streamline the process for project reviews. Somehow it has come up with the notion that duplication, red tape and barriers to economic development are good things for Canada. The difference between our government and the opposition is that we actually support Canadian jobs and growth in the economy. What we are doing is making sure that projects that need more oversight get it in a timely manner; for smaller projects that have little impact on the environment, we are making sure they are dealt with through a quicker process, as they need less scrutiny.

What we have now is more duplication, a long and unclear review process for both large projects that require more assessment resources and smaller projects that are minimal environmental risks.

Projects in the queue have to go through multiple steps and multiple levels of government approval processes that are not clearly defined, and they are not given an estimated timeline. In some cases the federal review process is only begun years after an approval at a provincial level or from another federal agency. The result is wasted time, effort and money.

While projects are going through a complicated review process, it costs the business, it costs the economy and ultimately it could mean new jobs are not realized.

While large projects do need close review, many smaller projects, such replacing an existing culvert or constructing a new pumping house for a maple syrup plant, do not need the same level of scrutiny. These smaller projects, in the current review system, are taking up much of the resources that could alleviate the length of time it takes for a larger project to be reviewed.

If the opposition had its way, it would ensure that all reviews would go as slowly as possible, thus wasting time and effort on projects that do not need that kind of survey.

The opposition would effectively kill jobs in sectors where there is huge potential for economic growth, such as the natural resource, oil and gas sectors. A clear example of the NDP's intentions is the fact that it actually sent representatives to Washington at taxpayers' expense to oppose the Keystone pipeline, a project that will create thousands of jobs in North America.

The economic action plan will commit to bringing forward legislation to achieve the goal of “one project, one review”; make new investments to improve regulatory reviews; streamline the review process for major economic projects; support consultation with aboriginal peoples; strengthen pipeline and marine safety; continue to support the major projects management office initiative, which has succeeded in shortening and streamlining reviews and improving accountability; and ensure the safety and security of Canadians and the environment as energy resources are developed.

The opposition would put Canadians out of jobs. We want to make sure Canadians have work for generations to come.

With regard to Veterans Affairs, the opposition has been trying to convince our veterans for months that our government is slashing the budget for Veterans Affairs. As we can clearly see, that is just not the case. The opposition kept telling our veterans that benefits were being cut. The total reduction to the Department of Veterans Affairs is only 1.1% in an effort to reduce red tape and bureaucratic barriers. This will make for easier access to benefits and help ensure our veterans receive the care and support they deserve.

I will take this opportunity to again point out that while opposition members have criticized the government on veterans, not once have they voted in favour of the measures to increase veterans' benefits.

The reality is that budget 2012 strongly supports veterans and their families. We have promised to maintain benefits for our veterans and we are definitely following through on that promise.

I have elaborated on a few of the important measures brought in by action plan 2012. This budget supports growth and jobs for Canadians. It acknowledges the reality that we are working with a fragile global economy; this budget proves, though, that Canada remains a leader in fiscal management, as we are making responsible reductions to balance the budget while growing our economy and creating jobs.

I encourage all Canadians to go online and visit or call their MPs' offices to learn more about economic action plan 2012. With the plan that is in front of us, we have the sound fiscal management to ensure growth and prosperity well into the future.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I want to refer to one issue here. Within the cuts that have taken place, Parks Canada has been hammered viciously by the government.

We saw the government talk with great enthusiasm about all of the great work it did with respect to increasing the size of the national parks in the Northwest Territories. Part of what was supposed to happen was a commitment to the people of the Northwest Territories that there would be some economic return, that these parks would be well managed and that they would increase tourism, but what do we see in the budget? We see huge cuts directly to national parks, cuts that will cause our economy not to get a boost from tourism. Where is the thinking there? On the one hand, the Conservatives love to take the credit for expanding national parks; on the other hand, they are slashing the budgets for these parks so that they cannot do the things they are supposed to do with that increased size.