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.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

The Office des personnes handicapées du Québec has expressed concern about the regulation of the temporary measure included in Bill C-38 because it could allow a person other than the beneficiary to have access to and use of the money in a registered disability savings plan. Are stricter regulations planned or does the government not see a need for that since the proposed measure is temporary?

Opposition Motion--Budget Legislation

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the Liberal Party supports the motion. It talks about the importance of our fisheries industry, the environment and how the government is using the back door of Bill C-38 in order to have serious and significant impacts. What surprises me to a certain degree is why the NDP would narrow it down to just those two items in the form of the motion itself.

The real debate that needs to take place is the way in which the budget bill is being used to pass a great deal of amendments. We are talking about 60 or 70 amendments to different legislation, deletions and so forth. Yes, it is going to have an impact on these two issues, but also on immigration and many other areas.

My question to the member is this. Why did the NDP choose to narrow the debate down to just these two issues when there are so many other issues within that Trojan Horse bill that the member would, no doubt, acknowledge?

[Ted Cook]

Sorry, you're referring to the changes that are set out in part 1 of the budget implementation act. In the actual budget materials at the start of the supplementaries, there's an outline of the cost of the various measures. If you'd like, I can just mention them.

In terms of the measures that are in part 1 of Bill C-38, the measure with respect to RDSP plan holders will be approximately $1 million. The cost with respect to the mineral exploration tax credit for flow-through share investors would be $130 million for the year in which there is the expansion.

Really, those are the only major costs that are outlined in the budget materials for the particular budget measures that are included in this budget implementation act.

[Megan Leslie, NDP, Halifax, NS]

moved:

That, in the opinion of the House, the Budget legislation guts the environmental assessment and fisheries laws, leaving Canada’s lakes, rivers, oceans, ecosystems, and fisheries at risk while unfairly downloading federal environmental responsibilities and their associated costs to the provinces, territories, and future generations.

Mr. Speaker, I would like to share my time with the hon. member for New Westminster—Coquitlam.

My colleagues and I are hearing every day from Canadians who are rallying against the Conservative government's decision to table a Trojan Horse budget bill that contains measures that will do irreversible harm to our environment. It will affect the health, livelihood and future of Canadians, and it will leave an unacceptable and unequal burden on generations to come.

Canadians know intuitively that this cowardly attempt to avoid real debate on such significant legislation is undemocratic. It is another example of the government's penchant for avoiding accountability and scrutiny while it placates its industry bigwig buddies at the expense of the best interests of our communities.

There will not be sufficient public oversight or consultation on the bill. Communities that are relying on the very protections that are being gutted are being silenced. It is happening because the government knows that if Canadians were given the opportunity to examine this legislation fully, as they should be allowed to do in a democratic nation, they would reject the proposed changes because they recklessly gut environmental protection in this country.

New Democrats know and understand the importance of public participation in a democracy. That is why the NDP is holding a series of hearings in Ottawa and across the country that will allow experts and the public to engage in the policy areas of Bill C-38, such as the anti-environment provisions, in a meaningful way, which the government is trying to avoid.

The latest attempt by the government to hide from the public is yet another blot on the Conservative government's environmental record. From muzzling scientists, to withdrawing from international protocols that included mandatory greenhouse gas emission audits, to killing independent research bodies like the National Round Table on the Environment and the Economy and cancelling funding for environmental groups like the Canadian Environmental Network, the government shows time and time again that its number one policy is to stifle as much information and evidence as it can because that evidence flies in the face of the Conservative agenda.

The Conservatives keep forgetting one key thing and that is that Canadians from coast to coast to coast see these actions for what they really are: blindly partisan, incredibly short-sighted and devoid of any evidentiary framework or base.

One of the worst themes of Bill C-38 is the total lack of clarity and understanding on what impact these changes will have on the environmental protections we do have. For me, that is what makes this Trojan Horse bill so alarming. Canadians cannot be sure what the government is actually forcing upon this country.

We see in many different places where this legislation aims to give unparalleled discretion and powers to government and ministers, allowing them to override the best interests of Canadians in affected communities without really defining the scope of powers or important tests that would determine, for example, who could participate in a hearing.

Decisions will be made in the absence of an accountable framework. Make no mistake, these decisions of the future will be politicized and they will be partisan. This again flies in the face of good environmental stewardship.

I would like to talk about some of the proposed changes in the bill. In some of the cases we do not know what the outcome will be. We can see how the legislation is being changed, but we do not know what the impacts will be in the long run. That is all the more reason that we need to have a fulsome debate in the House and at committee on all aspects of the bill.

The entire Environmental Assessment Act is going to be replaced, and it is based on recommendations coming from the environment committee. That might sound like a positive thing, except that the review was the result of a very flawed legislative review at committee. It failed to meet any acceptable standard for a study of such an important piece of legislation.

I would like to talk about a couple of the changes to CEAA that are being proposed.

The bill would limit who could testify at environmental assessment hearings. It would limit that discussion to affected parties. Who is an affected party? Is it someone who lives in a place where a pipeline is going through the backyard? Is it someone who is five kilometres away or twenty kilometres away, or fifty kilometres? Think about Fukushima. How far away did that actually impact? Would people in that radius be able to participate?

What if people fish, but they fish very far downstream from a spawning bed, and there is an action taking place on a spawning bed? Are they an affected party if they live in southern Manitoba and the spawning bed is in northern Manitoba? Where do we draw the lines here? How do we know who gets to participate? What if they are scientists based out of Vancouver and they have good information about what could happen in northern British Columbia, or perhaps even in another province? Are they considered to be an affected party?

It is absolutely not clear what is being done here in limiting who can testify and who can participate. I am very worried that we are not going to get the good information that we need from the experts and from people on the ground who actually are directly affected, whether or not the government wants to believe they are.

This bill would also allow the federal cabinet to approve a project, even if the reviewing body has determined that there would be adverse environmental effects. In other words, if an arm's-length, non-partisan body says that a project should not go ahead—or yes, it should go ahead, but maybe with these changes—ultimately it is the cabinet that gets to make the decisions about whether that project goes ahead.

We also have a shift of moving from list versus trigger. This is a technical aspect of the bill, but right now an environmental assessment can be triggered because, for example, a navigable waterway is crossed or migratory birds may be impacted. We would switch to a list of what is included and what is not in an environmental assessment.

On its face, this might sound like a good idea, but we heard very good testimony at committee that asked this question: if lists are what is in and what is out, what do we do with projects that we cannot even conceive of right now? For example, if the list had been drawn up 50 years ago, would oil sands exploration have been on that list? Probably not. Do we think there should be environmental assessments of oil sands exploration? Yes.

This change would really limit what gets assessed and how the assessments are done, and it would not follow the evidence that we heard at committee, which is very unfortunate.

I will touch lightly on the fisheries provisions, and I am sure my colleague will also touch on them.

One really important aspect is that under the Fisheries Act provisions, we would change the focus from impacts on fish habitat to impacts causing “serious harm to fish”. What is “serious harm”? Well, let us imagine that a fish is maimed, deformed or has its growth stunted. Maybe its habitat is even destroyed. Maybe a future generation of fish is destroyed. As long as that fish is not killed, it seems it is okay under this legislation. That is absolutely impossible for me to wrap my head around, and it flies in the face of testimony we are hearing from people on the ground, who say that we need to protect fish habitat if we are going to protect the next generation of fish.

I will remind the government that allowing the degradation of our environment has long-term economic costs. The budget bill is not good financial management.The budget bill is not responsible governing. It is, plain and simple, an attack on our environment by a government that lacks the maturity or the common sense to see the long-term risks that it is engaging in.

How will my colleagues opposite explain to their constituents, their friends and their families why they are choosing to reject a path of innovation, environmental stewardship, sustainable development and intergenerational equity? I wonder how they will answer that question to their constituents, their families and their friends.

This legislation would be bad for our air, our water and our soil, and it is bad for humans and animals alike. I ask all members of this place to support our motion today in its denunciation of the government's environmental proposals.

Employment Insurance

[Jean-François Fortin, Bloc, Haute-Gaspésie—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, the Conservatives can no longer hide the scope of their proposed changes to employment insurance in Bill C-38.

Their new brainwave for weakening the system, according to what the Minister of Finance is saying, seems to be to force the unemployed to take jobs that do not correspond to their aspirations or their qualifications and that are not even in their region. The Conservatives have real contempt for workers' expertise.

Instead of permanently undermining the employment insurance system, why does the federal government not agree to the request of the Conseil national des chômeurs et chômeuses and transfer responsibility for employment insurance to Quebec?

Environment—Main Estimates, 2012-13

[Kirsty Duncan, Liberal, Etobicoke North, ON]

He keeps going back to climate change. The actual question was on ozone.

Will the Minister of the Environment appear before the finance subcommittee on Bill C-38, and before the Senate committee to explain his outrageous accusations against reputable Canadian charities and finally list the organizations he accused of money laundering?

[Peter Kent, Conservative, Thornhill, ON]

Mr. Chair, the bulk of the money, and I will see if I can put my hands on the specific dollar amount, will go to aboriginal consultation with a very small amount will go to administration costs.

Through Bill C-38, through the responsible resource development legislation, we have ensured that we not only do what has been done so well in the past with regard to aboriginal consultation, but that we engage earlier and that we fulfill our statutory obligations to support and assist their interventions.

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Madam Chair, it is an honour to address my remarks regarding Bill C-38 to Canada's magnificent endowment of freshwater resources that are so important to our country.

I think Canadians treasure our freshwater endowment almost above all other resources. Our freshwater resources are vital sources of safe drinking water, key transportation routes and are the basis of our freshwater fisheries, as well as important for tourism recreation. Our lakes and rivers simply are what makes Canada Canada.

Our government has recognized that we have a tremendous responsibility to ensure our freshwater resources are protected. We understand that there are significant pressures affecting the health of some of our freshwater. We are addressing those challenges by taking concrete and measurable actions to restore and protect nationally significant bodies of freshwater, such as the Great Lakes, Lake Simcoe and, in my own backyard, Lake Winnipeg.

Environment Canada is carrying out this work by conducting leading edge science, research and monitoring to better understand issues, identify threats and inform decision-making to protect our precious water resources.

Our government is building partnerships with other levels of government, stakeholders and the public to plan and deliver on water-related priorities. We are cleaning up problem areas and addressing specific issues, such as eutrophication and to improve overall water quality.

In my own riding of Dauphin--Swan River--Marquette, we have many beautiful freshwater lakes, rivers and wetlands that are used for both recreational and commercial fisheries and are very important to local communities, the local environment, the ecosystem processes, our economy and our rural way of life.

I would like to take a moment and focus on three nationally significant bodies of freshwater, their importance, what we have accomplished and where we are headed.

The Great Lakes and the major rivers that connect them constitute the world's largest freshwater system and they are fundamental to the well-being of millions of Canadians. This region supports Canada's highest concentration of industry, nearly 25% of total Canadian agricultural production, a commercial and recreational fishery that has been estimated to be worth about $7 billion and a transportation corridor with shipping from all over the world. The Great Lakes provide the foundations for billions of dollars in economic activity, sustain a rich a variety of plants and animals and are a direct source of high quality drinking water for one-fourth of Canadians.

The Government of Canada has made significant investments in the Great Lakes, resulting in important gains for both the environment and human health. Our investments include over $538 million since 2007 to enhance municipal waste water treatment infrastructure, which directly improves water quality within the Great Lakes. We provided $48.9 million from 2008 to 2016 to accelerate the remediation of contaminated sediment in the Great Lakes and the renewal of the Great Lakes action plan in budget 2010. We are committing $8 million per year on an ongoing basis to support the remediation of Great Lakes areas of concern, locations that have been identified as experiencing environmental degradation.

Budget 2011 provided new funding of $5 million over two years to improve nearshore water and ecosystem health and better address the phosphorous issues in the Great Lakes.

These significant investments in the Great Lakes are resulting in important environmental gains but more work needs to be done.

To that end, the Governments of Canada and the United States are in the process of finalizing amendments to the Great Lakes Water Quality Agreement. Since 1972, this agreement has guided the efforts of both countries by aligning objectives and coordinating action across multiple jurisdictions.

The agreement has been an international example of effective management of shared water resources and was instrumental in reversing eutrophication issues in the late 1970s and 1980s, significantly reducing persistent toxic substances in the ecosystem and cleaning up contaminated areas within the Great Lakes.

The agreement and the leading edge work it produced has also served as a powerful driver for developing and reforming environmental laws and policies within the United States and Canada, including our own Canadian Environmental Protection Act, a key tool in delivering the highest level of environmental quality for all Canadians.

An amended Great Lakes Water Quality Agreement would allow our government to comprehensively address current problems in the Great Lakes, including cumulative stresses acting on the nearshore environment, aquatic invasive species, habitats and species loss and climate change impacts, and move quickly to prevent future problems.

For over 40 years, the Government of Canada has worked in co-operation with the Province of Ontario on Great Lakes aquatic ecosystem health through a series of Canada-Ontario agreements respecting the Great Lakes basin ecosystem. The Canada-Ontario agreement establishes a domestic plan of concrete actions that the federal and provincial governments will undertake to implement the Great Lakes Water Quality Agreement to restore, protect and conserve the Great Lakes. We anticipate a new Canada-Ontario agreement later this year that will align with the newly amended Great Lakes Water Quality Agreement.

The Government of Canada is also working to restore, protect and conserve water quality and ecosystem health in other bodies of water, such as Lake Simcoe in Ontario. Located north of Toronto, the lake is a major recreation area generating millions of dollars a year in tourism revenue. It lies in a major agricultural area and supplies drinking water to eight municipalities. The lake has been suffering some stress due to phosphorous inputs and eutrophication.

The health of Lake Simcoe has been declining for many years. Since 2008, the Government of Canada's $30 million Lake Simcoe cleanup fund has supported initiatives to preserve and protect the environment of Lake Simcoe and has allowed Canadians to live, work and play near Lake Simcoe to enjoy the benefits of a cleaner lake. I am proud to say that our government has supported, which I find unbelievable, approximately 160 local projects so far, including over 90 habitat and non-point source pollution improvement projects to restore and preserve the health of Lake Simcoe. That is what I call delivering real environmental results.

Recognizing the success of this program, budget 2012 continues to provide new investments to ensure we are able to work together with local partners toward improving the water quality and ecosystem health of Lake Simcoe and deliver on our commitment to clean water.

The Government of Canada is also taking action on Lake Winnipeg to restore its ecological integrity, reduce blue-green algae blooms, ensure fewer beach closings and ensure continuation of a vibrant and sustainable fishery. Lake Winnipeg is the sixth largest freshwater lake in North America and supports a $50 million per year freshwater fishery and a $110 million per year tourism industry. The lake is situated in and receives inputs from a drainage basin of almost one million square kilometres that encompasses four provinces and four U.S. states.

Beginning in 2008, the Government of Canada committed $17.7 million over four years to work with our provincial partners to clean up Lake Winnipeg through the Lake Winnipeg basin initiative, again delivering real environmental results. This initiative has contributed to cleaning up the lake and supporting science.

Despite the work done to date, Lake Winnipeg continues to experience poor water quality due to excess nutrient loading from multiple local and transboundary sources. The excess nutrient load causes increasingly large, frequent and potentially toxic algal blooms. Without a reduction in nutrient inputs, primarily phosphorous, deterioration in the lake's water quality will continue.

Budget 2012 also provides renewed funding for Lake Winnipeg to continue the important work begun in 2007, which will enable us to work with partners to take action to resolve problems that threaten this great resource. Through our work on Lake Winnipeg, Lake Simcoe and the Great Lakes, the Government of Canada is ensuring clean freshwater for all Canadians.

We will continue to deliver on that commitment through our government's investments in research, monitoring, leading edge science, partnerships with other jurisdictions and targeted actions to clean up problems of the past. We hope to prevent future problems because Canada's freshwater resources are not only a source of immense pride for our country but are vital to supporting our environment, our economy and our society.

I cannot emphasize enough that this government provides resources to deliver real and tangible environmental results.

I have questions for the minister. I was wondering if the minister could please explain and elaborate on what our government is doing to protect the Great Lakes.

[Peter Kent, Conservative, Thornhill, ON]

Madam Chair, my colleague obviously needs to pay some attention to the detail of Bill C-38.

The responsible resource development legislation has four very simple, very clear and environmentally logical provisions and principles. They are: to strengthen environmental protection first and foremost from my perspective as the Minister of the Environment; to make reviews of resource projects more predictable and timely; to reduce duplication and regulatory burden; and to enhance consultations with aboriginal Canadians. That is what Bill C-38 would do.

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

Madam Chair, I would like to focus my comments on environmental assessment and the work of the Canadian Environmental Assessment Agency. This, of course, is a key part of the environment portfolio and a very important part of what the federal government does. The funding being considered as part of the main estimates is necessary for the continued application of the Canadian Environmental Assessment Act, and preparation for the implementation of the proposals in Bill C-38 should that legislation receive royal assent.

Environmental assessment sits at a crucial intersection between the environment and the economy. Environmental assessment is a way to ensure responsible resource development. It allows the Government of Canada to assess and mitigate the environmental impacts of projects that represent billions of dollars of potential investment for Canada.

While founded upon the best of intentions, the current federal process is overly complex and dated. Accountability is spread across government, and there have been inconsistent application and delays as a result. This situation actually harms the economy. Project proponents face unnecessary costs. Investment decisions are put off. Jobs for Canadians are put on hold. The argument can be made that this actually harms the environment, too.

Limited government resources are consumed by unnecessary process steps and the need to assess small projects that pose minimal risk to the environment. There are also few enforcement provisions. The current law is based on concepts and approaches from the late 1980s. It is time to build on our record and move forward. It is time to modernize federal environmental assessment.

A responsible resource development plan sets out a path to modernization that relies on four pillars: one, making reviews more predictable and timely; two, reducing duplication; three, strengthening environmental protection; and four, enhancing consultation with aboriginal peoples. The new Canadian environmental assessment act supports all four pillars through responsible and certain timelines, better integration of federal and provincial responsibilities to avoid duplication, fair and consistent enforcement measures to ensure the environment is protected, and an explicit requirement to ensure that changes to the environment that affect aboriginal peoples are assessed and mitigated.

Environmental assessment is receiving much attention, inside and outside the House, as part of the debate on Bill C-38, the jobs, growth and long-term prosperity act. Let me take this opportunity to set the record straight on some of the myths that have unfortunately dominated this debate.

The first myth is that the Canadian Environmental Assessment Agency budget has been cut by over 40%. Perhaps members have heard that. The opposite is true. At a time of fiscal restraint, the agency's capacity has been protected. Its budget is in fact increasing by 5% as a result of budget 2012. Additional funds are being provided for consultations with aboriginal peoples. Fundamentally, the provision of funding to the agency will ensure that it continues to provide Canadians with high quality environmental assessments.

The second myth permeating this debate is that environmental assessment is somehow being gutted by Bill C-38. A brief comparison between the current law and the bill is in order to explain this point. As I just noted, the government is providing additional funding to the Canadian Environmental Assessment Agency because we expect it to do more, not less.

For an environmental assessment to be required under the current act, there has to be a federal decision associated with the project. No decision means no environmental assessment, even though there might be serious effects on matters within federal jurisdiction. The bill proposes to address this gap. An environmental assessment may be required when there are adverse effects within federal jurisdiction and the project is on the project list or specifically designated by the minister. A federal decision about the project is not a prerequisite.

When there is a federal decision associated with the project undergoing an environmental assessment, the environmental effects of that decision will be assessed. This is a requirement today. This is a requirement in the updated act.

The current law requires follow-up programs for major projects. These follow-up programs verify if mitigation measures are protecting the environment. Unfortunately, application of this requirement has been fragmented across government. Follow-up information is not being put to the best use possible.

The bill proposes to fix this problem. Follow-up programs would be mandatory after all environmental assessments. The results would flow to one of three responsible authorities: the Canadian Environmental Assessment Agency, the Canadian Nuclear Safety Commission and the National Energy Board. These bodies would use this information to help manage unanticipated environmental effects and improve the practice of environmental assessment.

A final area of comparison relates to enforcement. The current law has no enforcement provisions. This is a very significant shortcoming. As parliamentarians we expect bills to be enforced when they become law. Bill C-38 proposes to make this the case for environmental assessment through several measures.

The act would prohibit a proponent from proceeding with a project identified in regulations unless it underwent an environmental assessment or the agency decided that one is not required. At the end of an environmental assessment, proponents would have to comply with the conditions set out in a decision statement. Federal inspectors for the first time would have the authority to examine whether conditions in an environmental assessment decision statement were met. Finally, there are proposed penalties for violations that range from $100,000 to $400,000.

Bill C-38 proposes to close gaps in what projects can be subjected to a federal environmental assessment. It would strengthen how follow-up information is managed and used. New enforcement powers would be provided. All of this adds up to a strengthening of environmental assessment in a significant way.

Now I would like to turn to the third myth. Some are saying that the government has not consulted nor heard from Canadians on how to improve environmental assessment. There has been a wealth of input from various sources under both this government and the previous government. Let me run through some of the highlights.

In 2003, the Standing Committee on Environment and Sustainable Development issued a report entitled “Beyond Bill C-9”. Among other things, the standing committee recommended creating a system of environmental assessment permits. Bill C-38 proposes to do so through the enforceable environmental assessment decision statement.

The standing committee also recommended that the agency look into the use of regional environmental assessments as a means to deal with cumulative effects of multiple projects and activities. This examination of the potential of regional studies was done in cooperation with provinces and territories through a task group of the Canadian Council of Ministers of the Environment in 2008-09. The result can be seen in proposed provisions for regional studies.

In 2004, the government appointed the external advisory committee on smart regulation. Environmental assessment was the issue that generated the most complaints from stakeholders during this study of the broader federal regulatory system.

The smart regulation committee recommended the creation of a single federal agency for environmental assessment, better integration of federal-provincial assessments, timelines and more emphasis on follow-up programs. Proposals consistent with the spirit of these recommendations are all found in Bill C-38.

In 2009, the Canadian Council of Ministers of the Environment also issued a discussion paper and held consultations on the issue of one project, one review. The outcome is reflected in the bill's proposal for substitution and equivalency.

These new tools allow provincial environmental assessments to substitute for, or be recognized as equivalent to, a federal review as long as the substance of requirements of the act are met.

The Standing Committee on Environment and Sustainable Development members, many of whom are in the House tonight, reviewed the Canadian Environmental Assessment Act this past year. The majority of the committee's recommendations have found their way into the bill, including the use of a project list to avoid requiring assessments of small projects, such as a blueberry washing facility.

This project list approach includes a safety net authority for the Minister of the Environment to require the environmental assessment of a project not identified in the regulations. This power could be used in unique circumstances where a relatively routine type of project is of concern because of its proposed location, for example, in a sensitive environmental setting.

Two standing committee reports, a public consultation by federal and provincial governments and a blue ribbon committee have all contributed to the development of this important bill.

We have listened to what is being said about environmental assessment over the past decade. We are moving forward to protect the environment while promoting jobs, growth and long-term prosperity for all Canadians.

[Peter Kent, Conservative, Thornhill, ON]

Madam Chair, I will correct my hon. colleague. What we are doing is strengthening and contemporizing the Canadian Environmental Assessment Act. It is an act that our government has been reviewing for some time now. Legislative changes with regard to CEAA were brought into effect in June 2010. They have worked.

What we have in the legislation before the House now, in Bill C-38, is to improve on those original fixes to strengthen environmental protection while at the same time eliminating duplication and providing firm and efficient timelines.

[Peter Kent, Conservative, Minister of the Environment]

Madam Chair, I am pleased to be here this evening to discuss with the committee of the whole this important budget and our commitment to environmental excellence in Canada.

I am accompanied this evening by my deputy minister, Paul Boothe, the chief executive officer of Parks Canada, Alan Latourelle, and the president of the Canadian Environmental Assessment Agency, Elaine Feldman.

Recently I marked my one-year anniversary as Canada's environment minister. I must say that the past year and a half has been challenging, but it has been very rewarding.

As we look forward to the next year, our government is keenly focused on ensuring that our natural resources are developed in an environmental and sustainable manner while maximizing economic growth, competitiveness and the creation of good long-term jobs for Canadians.

As we all know, one of the main duties of Environment Canada is to develop, implement, monitor and enforce science-based environmental standards and regulations across Canada.

This year, we are focusing on simplifying and increasing the efficiency and transparency of our regulatory processes to make them more effective. The department is strongly committed to growing as a world-class regulatory organization, and it will continue to improve its track record of regulatory excellence.

My department has made steady progress in a number of key areas. Working in partnership with Alberta, I announced on February 3 an historic plan for implementing a world-class, comprehensive and transparent environmental monitoring plan in the oil sands. This plan will deliver rigorous scientific data to ensure that the oil sands are developed in an environmentally sustainable manner. My department will monitor water, air and biodiversity, and it will be among the most transparent and most accountable systems of its kind in the world.

Monitoring will be carried out in more places, more frequently, for more substances. For example, by 2015 we will add up to 22 new water sites, 11 new air sites, and over 37 new biodiversity sites. The dedicated scientists in my department have already begun collecting crucial measurements during the spring melt and the ice breakup. Throughout this process, we have been engaging industry, independent scientists, aboriginal peoples and other stakeholders.

Canada is making significant progress in reducing Canada's total greenhouse gas emissions by 17% below 2005 levels by 2020 through a sector-by-sector plan. In fact, federal measures, combined with actions taken by provinces, brought us one-quarter of the way toward our 2020 target a year ago, and we have made significant progress since then. Emissions have declined in almost all sectors, including oil and gas and electricity generation, since 2005. Between 2009 and 2010, our emissions remained virtually steady, despite economic growth of 3.2%.

More progress on reducing our greenhouse gas emissions is forthcoming, following on publication of our final cold-fired electricity regulations in coming weeks and the proposed heavy duty vehicle regulations I recently announced.

All of these proposed regulations will help enhance Canada's position as a world leader in clean energy, reduce greenhouse gas emissions and improve air quality for all Canadians.

We are now moving forward to develop regulated performance standards for other major emitting industrial sectors. We have already initiated an engagement process with the oil and gas sector and the provinces to enable ongoing consultation on regulatory development. We plan a similar engagement as we move forward to develop regulations for other emissions in intensive industrial sectors.

My department will also continue its efforts to improve air quality by working with provinces, industry and non-governmental organizations to implement the air quality management system. This system is a comprehensive consensus-based approach to reducing air pollutant emissions and improving air quality across Canada, eventually in partnership with the U.S. along the lines of the acid rain treaty.

Furthermore, under the next phase of Canada's chemicals management plan, our department is working with partners to assess and regulate a multitude of chemicals used in thousands of industrial and consumer products.

As part of the action plan for clean water, in 2011 the Government of Canada invested almost $3 million for the cleanup of Lake Simcoe and almost $400,000 for nine new community projects to clean up Lake Winnipeg. Negotiations with the United States to modernize the Great Lakes Water Quality Agreement have been successful. The process to amend the agreement is nearing completion.

Significant resources were invested in the Great Lakes for the cleanup of contaminated sites, reduction of harmful algae blooms, waste water infrastructure and science and research.

We are also taking action to protect and conserve Canada's rich and abundant biodiversity. Under our new Plan Saint-Laurent, we are working with Quebec to ensure water quality, to protect ecologically sensitive areas and to conserve the incredible biodiversity of that mighty river. In that regard, the Canada-Quebec agreement on the St. Lawrence was signed and announced in Montreal last November. This new agreement sets out the St. Lawrence action plan up to 2026.

Under budget 2012, $50 million over two years is being provided to support updated application of the Species at Risk Act. This money will support improvements to the program that respond to submissions made during and after the parliamentary review of the act in 2009 and 2010. These changes will deliver greater conservation benefits, reduce the need for direct federal intervention and provide greater certainty for partners.

On the international stage, Canada has played a significant role in advancing work toward a new international climate agreement for the future. The Durban platform for enhanced action took an important step forward by setting out a negotiating mandate for all countries to develop a single new international treaty to include all major emitters to be implemented by 2020. This has been a long-standing objective of our government.

We have invested and continue to invest $1.2 billion in fast-start financing to help developing countries address global climate change. Canada is also working with international partners to reduce short-lived climate pollutants such as black carbon and methane.

There has been much talk—and great exaggeration, misrepresentation and few factual references—about the changes to environmental assessments under the responsible resource development initiative. My colleagues will speak to this matter in detail later in the debate, but let me just say that our government takes environmental protection very seriously. We are amending outdated and inefficient elements of the Canadian Environmental Assessment Act in order to modernize the environmental assessment processes and strengthen enforcement provisions.

For the first time, for example, federal inspectors will have authority to examine whether conditions in an environmental assessment decision statement are actually met. When passed, Bill C-38 would allow for monetary penalties that range from $100,000 to $400,000 for non-compliance. These are real penalties meant to ensure compliance and to safeguard Canadians. They complement the much greater stiffening of regulations under CEPA a year ago.

Environment Canada has also focused its resources to address areas of highest concern to Canadians, such as severe weather. I announced investments to strengthen weather monitoring infrastructure, ensuring Canadians continued access to world-class weather, water and climate monitoring data, and we will continue to provide Canadians with a comprehensive national weather, water and climate monitoring system.

I must say that I am very proud of the accomplishments and dedication of this government vis-à-vis the environment. We are serving Canadians every day and protecting Canada for years to come. Our government's economic action plan is creating jobs and growth for Canadians now and in the future.

In conclusion, I take this opportunity to thank members present on both sides of the House for their interest in the work of my department and I welcome their questions throughout the evening.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Thanks, Mr. Chair.

I'd just like to move a motion:That, the Standing Committee on Aboriginal Affairs and Northern Development immediately commence a study on the subject matter of the sections of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, which directly fall within the mandate of this committee, namely Part 3, Division 5, Fisheries Act; Part 4, Division 46, First Nations Land Management Act; Part 4, Division 49, First Nations Fiscal and Statistical Management Act.

I think we're all well aware that these parts have been bundled into a complex piece of legislation. Over this last week, and certainly in our travels, I think we've heard that certain parts of the bill could have an impact on first nations communities. So we're asking that the committee consider studying the sections of the bill directly related to Aboriginal Affairs and Northern Development.

It's an important piece of legislation that requires oversight. I know that in the past various bills from various governments have been passed with unexpected consequences—and that's not a partisan remark. I know all committee members are hard-working and would be concerned if a bill had an unintended consequence. I'm sure we want to do our due diligence and make sure this bill doesn't have that effect.

I know that the Assembly of First Nations, for example, has issued a series of questions around the Fisheries Act. It's not clear to us what those changes are. We understand there are going to be regulatory changes, but the Assembly of First Nations has posed a number of questions that I think will be important for this committee to consider.

I think it makes sense for us to have a full study of these particular sections of the bill. Again, we know that mistakes have been made in legislation in the past; we've had to see legislation come back to the House to correct those mistakes. I think it's important that we take the time we need to study the bill and its impacts to make sure there are no unintended consequences.

I'd ask all committee members to support my motion.

Copyright Modernization Act

[Libby Davies, NDP, Vancouver East, BC]

Madam Speaker, I note that the member used her time to go after the NDP for, apparently, speaking too long on Bill C-38. I am surprised by that because such a massive bill, which we have correctly named a Trojan horse because it has so many non-financial aspects in it, is something that absolutely has to be investigated and debated in the House of Commons. I was surprised to hear her say that 12 hours or 19 hours of debate is too long.

Having said that, I am curious about her position on this bill, and I wonder if she agrees with one of its main criticisms, which is that it cozies up to some of the big rights holders, like the big movie studios and largely U.S. cultural interests. The idea is that there is balance in the bill, but when we give it a close examination, we see that a lot of artists and small players are left behind.

I wonder how she would respond to the criticism that this is, basically, a sop to the big players who have been lobbying for these changes and that her government has now very nicely responded to them.

[Sean Keenan]

In terms of the changes that are being proposed in Bill C-38, essentially the law currently says that a charity must have charitable purposes. So they must be engaged in charitable purposes and they must use the resources they have to achieve those charitable purposes, and to the extent that they engage in political activities that are related to their charitable purposes, they can spend up to 10% of their resources. When a charity makes a gift to another charity, that is considered to be part of its charitable activities. What Bill C-38 is proposing is that when a gift is made to another charity, and a purpose of that gift was to allow the other charity to engage in political activities, then the gift would be included by the charity that makes the gift in its own political activities.

In your example of the United Way making a gift to another qualified donee or charity to engage in activities, to the extent that there's no suggestion that a purpose of the gift is political activities then there's no impact on them.