Jobs, Growth and Long-term Prosperity Act

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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

The House resumed consideration of the motion that Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the second time and referred to a committee, and of the amendment.

Jobs, Growth and Long-term Prosperity ActRequest for Emergency DebateRoutine Proceedings

May 11th, 2012 / 12:15 p.m.


See context

NDP

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

Mr. Speaker, I am pleased to rise in the House to request an emergency debate on the possibility of splitting the budget implementation bill, also known as Bill C-38.

As you probably know, a week ago now, the hon. member for Parkdale—High Park, the House Leader of the Official Opposition and I tried to work with the government to split the bill into separate pieces that could be studied more thoroughly.

This bill is very large, has a very broad scope and affects over 60 laws. That is why we should examine it more thoroughly. This has been our party's position from the beginning.

As you undoubtedly know, House of Commons Procedure and Practice states that an emergency debate is legitimate when the matter “could not be brought before the House within a reasonable time by other means, such as during a supply day”, which is the case here. It also says that an emergency debate must be on a topic that is immediately relevant throughout the nation. This request for an emergency debate indeed meets the requirements set out in this book.

It is impossible for us to properly debate this bill, which is over 425 pages long. In fact, the House has passed a time allocation motion, and the government refuses to split the bill into pieces that could be studied by the appropriate committees.

In my opinion, it would be completely appropriate for the members of the House to rise, speak about and discuss the possibility of splitting this bill so that Canadians and we, as parliamentarians, can be better informed about the scope of this budget implementation bill.

I therefore request authorization to hold this emergency debate in the House.

EmploymentOral Questions

May 11th, 2012 / 11:45 a.m.


See context

Conservative

Joe Daniel Conservative Don Valley East, ON

Mr. Speaker, economic action plan 2012 takes responsible action to support our economy now and over the long term, while keeping taxes low and returning to a balanced budget. While our Conservative government is working to help Canada's economy by implementing economic action plan 2012 through Bill C-38, the NDP and Liberals want to play partisan procedural games to delay and defeat the pro-economic and pro-job growth measures.

Can the minister please inform the House how we are keeping Canada's job market strong?

Jobs, Growth and Long-term Prosperity ActStatements By Members

May 11th, 2012 / 11:05 a.m.


See context

NDP

Marc-André Morin NDP Laurentides—Labelle, QC

Mr. Speaker, I am pleased to rise to speak to Bill C-38, a perfect bill for the paper shredder. The Cascades paper company would be happy to de-ink the confetti and make useful, recycled paper out of it.

The death of democracy is seldom sudden. It is almost always a slow and painful death caused by indifference, apathy and cynicism. The first signs of this death are the authoritarian regime's loss of perspective and its insensitivity towards the people. Next, people lose their freedom and the means to criticize the regime.

I would like to read a quote in English. I am relying on the interpreters to ensure that the member opposite understands.

“There is no doubt that dictatorship is a much more efficient way to govern”. That was George W. Bush.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 11th, 2012 / 10:45 a.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise today to talk about Bill C-38.

I am sad because this bill is worse than any other this Parliament has debated, and that is for two reasons.

First, without consulting Canadians, the government chose to introduce sweeping changes to many laws that affect environmental, social and economic aspects of Canadian life. This approach is illegitimate and outrageous. The process is unacceptable and an offence to true democracy.

Second, beyond the process that is so offensive, the bill that purports to be a budget bill is, in substance, something quite different. The substance of the changes is equally alarming.

Laws this bad take some explanation. As I have sat through the truncated debate on this process at second reading, what we have had are presentations from the Conservative MPs providing lists of things they like in the legislation, and presentations from the opposition benches providing lists of things we do not like in the legislation. That leaves out a big piece of the puzzle.

We have also been confusing measures that are a budget measures that are not in Bill C-38, things like fighting the deficit. There are things we do not like, like killing the Centre for Plant Health in my own riding, which is necessary to protect the health of the economy, particularly in the grape growing regions and wineries, and killing jobs in national parks, again in my riding of Saanich—Gulf Islands, the Gulf Islands National Park jobs in ecological work.

However, again, these are not in Bill C-38. The debate has been combatting lists. We like this and we hate this.

I want to step back and try to understand what is going on here. Why do we have this enormous package of measures, most of the substantial changes being those that unravel environmental law in our country?

I have been involved in the development of most of the laws that we now see being unravelled, particularly the Canadian Environmental Assessment Act and the National Round Table on the Environment and the Economy Act. What I see behind all this is a shift in mindset.

I worked in the Mulroney government. The Progressive Conservatives understood that conserving involved conserving the environment. This is not necessarily the current mindset of the current brand of conservatism, which I find alien from the traditions and roots of people like former fisheries ministers John Fraser and Tom Siddon. Both have spoken out against the devastating changes to the protection of fish habitat in Bill C-38 and the unintended consequences that this will surely have.

This mindset reminds me most of what the former senior economist to the World Bank, Herman Daly, used to describe as “treating the earth as a business in liquidation”, an everything must go mentality and it must be done fast. He offered the opposite view. He said that we needed to understand that the economy was a wholly owned subsidiary of the environment, that these things were not in conflict and that it was so wrong-headed to say that we would only get jobs if we destroyed the environment. It boggles the mind.

When we understand that this is the way this entire omnibus budget bill has been prepared, then it begins to make sense. Then we understand the narrative and then we can understand that someone in the PMO picked up the phone, called the Department of Justice or maybe just sent an email, said that it should find all those things for which the federal government is responsible for the environment and find ways to withdraw from them to the maximum extent possible without offending constitutional requirements to protect such things as migratory birds, because we have a convention with the U.S., or fisheries, because that is in the Constitution.

For example, there is no other way to understand why the Conservatives repealed the Environmental Assessment Act and put in place an entirely new act. Most of what we have heard is that they wanted to have timely assessments. I do not think there would be much debate over that.

In 2005 I proposed to the minister of the environment that in order to get a review of the proposed cleanup at the Sydney tar ponds, which itself presented risks, a timeline would be a good idea. In fact, a 12-month timeline was put in place for the joint review panel of the cleanup proposed for the Sydney tar ponds back in 2005. That could be done under the existing legislation. We do not need to repeal the act and start over.

To all these complaints, the Conservatives claim that industry was demanding this be done. I have in front of me a briefing note from the Mining Association of Canada from January of this year in which it praises the current process under Environmental Assessment Review. It says, “The amendments that the Canadian Environmental Assessment Act made in 2010 were implemented quickly and competently by the agency” and it has “provided mining project proponents with relief”. It says that for the first time “provincial and federal assessments are synchronized”. This is from the Mining Association of Canada, allegedly one of the interest groups for whom the Conservative government is destroying all of our environmental laws. The Mining Association of Canada says, “Our primary interest in the review of the Environmental Assessment Act is to convey support for the new system brought in...and to renew funding for the Environmental Assessment Agency”.

It is critical to understand that the government did not have to repeal the Environmental Assessment Act in order to have a process that worked for all the players. It looks as though this desperate attempt to be in a hurry is where the problem lies. What the government has done is so egregious--the Environmental Assessment Act being repealed and replaced with a whole new scheme that will never get proper review through the process we have in an omnibus project.

The Conservatives are removing what had always been a federal trigger for a proper environmental assessment, if federal money was being spent. That is no longer there. They are removing comprehensive studies. They are no longer there.

There is no real definition of what an environmental assessment would be. We have a reference in the budget document to something called a “standard environmental assessment”, but Bill C-38 has removed all definitions of what the process would look like.

Killing the comprehensive studies and creating panels that can be substituted with the province without criteria, in my view, would have the industry coming to government asking what it had done as the process had worked pretty well. In fact, the Mining Association of Canada says, “very well”. Now we will not know what project has to go to review or what project does not, when we go to the province or when we do not.

At the same time, in order to unravel the federal responsibilities that trigger an environmental assessment, the government has created a crazy scheme for fisheries. It still requires a permit to add substances “deleterious” to fish, but the protections for fish habitat have been removed.

This means, and as we all know this is a real-life example, that if one wanted to have a large-scale project, for instance, to put tailings into an existing lake, we would be better off, if the lake were in a remote area where no one fishes, to drain the whole lake, kill all the fish and destroy the habitat because that would be legal without an authorization, whereas adding substances “deleterious” to fish into a lake currently would require authorization. This is the ultimate example of haste makes waste.

The bill has not properly contemplated the changes to the Fisheries Act, the Environmental Assessment Act, or the changes to the Species at Risk Act. The bill is out of control through the false notion that we will create jobs through waste and haste.

I remind people that it is now 20 years since the Westray disaster in which 26 men died. There was no environmental review at that time, as it was back in 1988 when the project was approved, but there were warnings. The experts in the department of mines said that the area was too high in methane, but no, the local politicians and some federal politicians wanted those jobs. They wanted them so badly that they overrode expert advice. They said that they had to get that Westray mine built come hell or high water, that they would do it and that they did not want to hear complaints about causes or what might happen to get in the way. Therefore, federal money flowed. We created a bomb and put men in it, and 26 men died.

Now we are creating another kind of bomb. The first speaker on the bill was not the Minister of Finance, but the Minister of Natural Resources who brought forward all the reasons to change the scheme. He said that we must hurry as there was no time to waste. He quoted from the International Energy Agency on the current state of fossil fuel requirements around the world, but he never quoted the warning from the International Energy Agency that if we did not act on the climate crisis, it would soon be too late. The quote from the International Energy Agency from earlier this year is this, “Delaying action is a false economy. As each year passes without clear signals to drive investment in clean energy, the 'lock-in' of high-carbon infrastructure is making it harder and more expensive to meet our energy security and climate goals”. We must change direction. This bill is putting pedal to the mental to go as fast as possible to a very large brick wall.

Going back to the bomb we built for the men at Westray, we are now building a climate bomb, a carbon bomb. The proposed legislation is so wrong-headed it must be withdrawn in its entirety.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 11th, 2012 / 10:30 a.m.


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Conservative

Brad Butt Conservative Mississauga—Streetsville, ON

Mr. Speaker, actions speak louder than words.

We only need look at the actions of the Prime Minister and the Minister of Finance during the worst worldwide economic recession in my lifetime and compare Canada's results to the world's. We are the envy of the world in how Canada reacted to that crisis and the work that our Minister of Finance continues to do. There is no question that we have lots to be thankful for in Canada because of that leadership.

We have lots more to do, and that is why Bill C-38 needs to be passed by this House. We need to get on with the job.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 11th, 2012 / 10:15 a.m.


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Conservative

Brad Butt Conservative Mississauga—Streetsville, ON

Mr. Speaker, I am pleased to rise in the House today to address Bill C-38, the 2012 budget implementation act. This is a very important bill for all Canadians as it is a real plan for jobs, growth and prosperity for the near and long term.

We could take the easy road. We could sit back and say that everything is okay and just keep ragging the puck. We could continue to brag about Canada being a world leader in job growth, financial stability and strong presence in the world. We could kick the can down the road and say that looming issues are someone else's problem. We could but we are not.

Budgets are about choices. Just like families in my riding that make choices about how to spend their money, how to save and invest for the future and how to care for themselves and others, so, too, must government. In fact, I would argue that government must lead by example and, through budget 2012, we are doing just that.

However, we must remember the record. Through responsible management, our government has helped the Canadian economy create over 700,000 net new jobs since July 2009, most of which are full-time positions. Canada's economy has expanded for nine of the last ten quarters. Our unemployment rate is well below that of the United States. The World Economic Forum ranked Canada's banking system as the soundest in the world for the fourth consecutive year. Canada continues to have a solid AAA credit rating.

Building on this success, economic action plan 2012 provides $1.1 billion over five years to support research and development and $500 million for venture capital. We know that prudent investments and partnerships with the private sector will continue to create good jobs for Canadians in the future.

The budget also improves support for advanced research through granting councils, such as Genome Canada, the Canadian Institute for Advanced Research and the Canada Foundation for Innovation. Mississauga—Streetsville is home to many research and development companies in life sciences, pharmaceutical, high technology and niche manufacturing that will benefit from these programs.

Canada is a very rich country in terms of its resources. Whether it be oil, natural gas, forestry or mining, Canada has a unique natural advantage over most other countries in the world. That is why this budget bill focuses on responsible resource development by ensuring that major resource projects are not bogged down by duplicative regulations and that one project receives only one thorough review.

The city of Mississauga is one of the most multicultural cities in the world. We have residents from hundreds of countries of origin who call Mississauga their home, and we are happy to have them. What is even more exciting is that many of these people work in companies that do business around the world, rely on strong trade relationships and do import and export services worldwide. That is why I am so pleased that our government has the most ambitious trade expansion plan in Canadian history.

We know that free, fair and open trade is good for Canadian business. We know that Canadians can compete with the best in the world and we can win. We know that signing free trade agreements with countries around the globe give Canadians fair and better access to international markets.

As well, the bill would reduce red tape that often frustrates business and acts as a disincentive to invest. It would reduce the tax compliance burden for small businesses and make a number of significant administrative improvements at the Canada Revenue Agency.

I am also pleased to report that Bill C-38 would extend the hiring credit for small business for another year, providing up to $1,000 for one year to encourage the hiring of new employees. This budget would also provide $50 million to the youth employment strategy and $6 billion to expand the successful ThirdQuarter project to help employers find experienced workers over 50 who want to keep using their skills in the workforce. There also are $150 million for investing in small public infrastructure to support repairs and improvements to existing community facilities. This would build upon the very successful infrastructure stimulus program that brought together the provinces, territories and municipalities in the most co-operative program in Canadian history.

Like every Canadian family, the federal government, too, much re-look at how it spends hard-earned taxpayer money and constantly ensure both value for money and spending on the most important priorities. The budget focuses on eliminating waste in the internal operations of government and making government leaner and more efficient, totally $5.2 billion in ongoing savings. This represents just 2% of total program spending in 2016-17 and, with this and other initiatives, I am pleased to report that we will remain on track to balance the budget over the medium term as we promised.

To continue to help families, we are improving the registered disability savings plan, increasing the travellers exemption, continuing support for Participaction and enhancing the victims fund. No government in recent memory has done more to support Canadian seniors than this one. I was pleased in the first budget, on which I was able to vote as a member of Parliament, that we brought in the largest one-time increase in the guaranteed income supplement in over 25 years. We have significantly increased funding to the new horizons program, and I am delighted to report that the Hindu heritage seniors group in my riding has just received one of these grants.

Further, our government continues to provide support to the old age security program for existing recipients and those near retirement at current levels with no reductions or changes whatsoever. However, we have a responsibility to ensure that the OAS system is protected for future generations and not simply pass the buck to some government down the road. That is why we are moving forward with a prudent, responsible and proactive change to the OAS by raising the age of entitlement from 65 to 67 by 2029.

I just marked my first year of being elected to this place. It has been an exhilarating experience and an honour of a lifetime. I knew that part of my responsibility as a member of Parliament was to do my very best to make this a better country for everyone but I also knew that tough and maybe unpopular decisions would need to be made to make this happen. As one member of Parliament in this place, it would be completely irresponsible for me to sit here and pretend that the OAS will be sustainable for my generation. I cannot even imagine the MP who will replace me one day in the future having to deal with this issue a decade or so from now if we do not act today. Why on earth would I saddle a future government, a future Parliament or a future MP for Mississauga—Streetsville with this issue in the future when I know we can act responsibly now?

The number of Canadians over 65 will increase from 4.7 million today to 9.3 million in 2030. The cost of OAS will rise from $36 billion to $108 billion. Meanwhile, the number of taxpayers that pay for OAS will go from 4 today to 20 in 20 years. With statistics like this, how can we possibly close our eyes? Even though this decision may not be popular, it is simply the right thing to do.

At the beginning of my remarks today I said that we could take the easy road. We could sit back and soak it all in. We could say that we are better than most and rest on our laurels. However, that is not leadership for the future and that is not helping the next generation. We must move ahead.

I encourage all members to support this excellent budget.

The House resumed from May 10 consideration of the motion that Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the second time and referred to a committee, and of the amendment.

EmploymentAdjournment Proceedings

May 10th, 2012 / 6:40 p.m.


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NDP

Dan Harris NDP Scarborough Southwest, ON

Madam Speaker, on February 17, I rose in this House and asked when the government would finally help Toronto families deal with rising inflation and higher gas prices, and help them to make ends meet.

I asked specifically when the government would come up with a real jobs plan, a plan that would provide jobs to help support families instead of low-wage, part-time jobs many families depend on. The government has not created jobs in Toronto. The people in my riding of Scarborough Southwest know and live it every single day. There are fewer and fewer good jobs in Toronto, and therefore more and more families continue to struggle.

When I asked the question of the government, I received a glib, meaningless, puerile response from the Minister of State for Finance. The citizens of Scarborough Southwest, Torontonians and indeed all Canadians deserve much more respect from the member for Macleod and indeed from any member of cabinet in the Canadian government. This would include the parliamentary secretary actually paying attention to a question when it is being posed to her, which she failed to do last night.

We need the member for Macleod and the whole Conservative government to take the needs of Canadian families seriously. The Conservative government has no jobs plan. Canada is losing quality jobs under the Conservatives. Since the Conservatives took office, we have lost over 400,000 good manufacturing jobs. Since September alone, we have lost 60,000 more full-time jobs.

Unemployment now stands at 1.4 million Canadians and three-quarters of the new jobs created since May 2008 have been part-time. Now with the cuts coming as a result of the recent federal budget, 102,000 more may be added to the ranks of the unemployed.

This is shameful, and the government should indeed be ashamed. Yet the Conservatives are sticking with their failed approach of blind, unconditional tax cuts for profitable corporations. They are not creating jobs. Too many multinational companies are taking their tax breaks and then turning around and shipping good jobs overseas, as the member for London—Fanshawe was mentioning with Caterpillar in London as it closed the 450 job Electro-Motive plant.

New Democrats have a practical, affordable plan to create good, full-time jobs, offering targeted tax credits for new hires, implementing investments to help businesses that create jobs, investing in job-creating infrastructure and ensuring foreign investment keeps good jobs here in Canada.

The job situation is getting worse under the Conservatives, not better. Their policies have failed Canadian workers and failed to create Canadian jobs. Now, the Conservatives have introduced a budget which will do nothing to create jobs but, according to journalist, Don Martin has everything but the kitchen sink in it. Believe me, we have looked at it, and we found the kitchen sink in Bill C-38.

Frankly, the bill is just an end run around accountability and transparency from the very Conservative government that made commitments to govern better than the Liberals and to be accountable to Canadians.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 4:55 p.m.


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Conservative

Peter Braid Conservative Kitchener—Waterloo, ON

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

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

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

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

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

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

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

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

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

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

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

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

I could not agree with Iain more.

Kitchener mayor, Carl Zehr, stated:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 4:45 p.m.


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Liberal

Geoff Regan Liberal Halifax West, NS

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

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

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

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

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

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

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

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

He goes on:

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

He says further:

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

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

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

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

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

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

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

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

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

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

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

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

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 4:30 p.m.


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Conservative

Dave MacKenzie Conservative Oxford, ON

Mr. Speaker, I appreciate this opportunity today to stand in support of Bill C-38, the jobs, growth and long-term prosperity act, and highlight some of the key initiatives in economic action plan 2012 that would legislate.

When our Conservative government introduced Canada's economic action plan in January 2009, it was designed to fight the effects of the worst global recession since the Great Depression. It did so by providing significant stimulus to safeguard jobs and protect incomes, while making important productive investments that contribute to Canada's long-term economic prosperity. It worked, as those prudent decisions allowed Canada to emerge from the global recession in a position of strength.

Nearly 700,000 more Canadians are working today than in July 2009. This is the best job growth record in the entire G7. Last March alone, Canada's economy added 82,000 net new jobs, the single biggest monthly jump in national job creation since September 2008.

Canadians are looking to our government to build on that success and that is exactly what we will do with economic action plan 2012, a plan that has been praised by some of Canada's top economists.

This is what Avery Shenfeld, CIBC World Markets chief economist, had to say about budget 2012 and Canada's economy. He said:

—makes sense in a world economy that is still not what we would like it to be...Relative to what anybody else is doing, we still come out with flying colours.

This is what Craig Alexander, TD Economics chief economist, declared:

When combined, the various measures included in today’s budget [2012] are aimed at improving productivity and boosting private sector growth...In addition to being fiscally prudent in the medium-term, the government is taking action to pursue fiscally sound policies for the long run.

Even in southern Ontario we have heard great support for economic action plan 2012. Just listen to what Peter White of London Economic Development had to say:

—the plan includes several points of good news...including research and development dollars, venture capital dollars for public-private partnerships and job-skills training for young people.

The measures in today's bill focus on the drivers of growth, innovation, business investment and people's education and skills, as others on this side of the House will highlight.

What I would like to focus on today is how our ongoing commitment to keeping taxes low and responsibly managing the tax dollars of Canadians underpins all of the measures in today's bill.

Lower taxes support businesses by allowing them to keep more of their hard-earned money to invest, grow, undertake innovative research and hire more Canadians.

Canada's reputation for low taxes to create jobs is something in which we take great pride. Noted business magazine Forbes said recently, “Canada was the best place in the world to do business”. Today's bill builds on actions taken by our government by continuing to keep taxes low.

In order to keep taxes low, the tax system must be upheld. Canadians expect their government will take action to protect this fairness and integrity. That is why, since 2006, our Conservative government has closed over 40 tax loopholes to improve the fairness and the integrity of the tax system.

Economic action plan 2012 takes further action on this front through the introduction of a number of additional initiatives. To be clear, our Conservative government is committed to take aggressive steps to close tax loopholes that allow a few businesses and individuals to take advantage of hard-working Canadians who pay their fair share of tax. By broadening and protecting the tax base, these actions also help to keep Canadian tax rates competitive and low for all Canadians, thereby improving incentives to work, save and invest.

We understand Canadians willingly and honestly provide a portion of their hard-earned income to fund health care, social programs and other vital services, asking only in return that governments both manage their tax dollars wisely and ask no more from them than their fair share. For our government, this is a solemn responsibility and one that we take seriously. We are committed to managing the hard-earned tax dollars of Canadians.

It is in the spirit of fairness that the government and the Governor General have agreed that the income tax exemption for the Governor General's salary should end and that the Governor General's salary should be subject to tax in the same manner as the salaries of other Canadians.

This historic exemption, likely unknown to most Canadians, has been in place since the introduction of income tax in Canada. It is an exception to the general rules and principles of the income tax system. As is often the case, however, traditions change over time. Recently other Commonwealth countries, such as Australia and New Zealand, have implemented legislation to make the salary of their governors general subject to income tax.

This may be a small measure in comparison to the significant tax reduction measures our government has introduced since 2006, but to us it is a principled one. In the words of the noted Winnipeg Sun columnist, Tom Brodbeck:

Governors general of Canada will no longer enjoy tax-free status on a portion of their salaries: The Queen’s representatives will have to pay taxes just like the rest of us. I didn’t even know they had tax-free status. Good.

I would be remiss if I closed without quickly mentioning one other important initiative in economic action plan 2012, the elimination of the penny. Forgotten pennies take up too much space on our dressers and far too much time for small businesses trying to grow and create jobs.

An independent study estimated the economic cost of maintaining the penny amounted to $150 million. The penny has lost its purchasing power over the years, and now most are hoarded, resulting in useless expenses for Canadian taxpayers. Taxpayers pay 1.6¢ for each new penny made now. This costs the government about $11 million a year. After hearing strong support from consumers, retailers and small business, a recent public study by a Senate committee recommended eliminating the penny.

In recent years, more and more countries, like Australia, New Zealand, the Netherlands and more, have removed their penny from circulation without any impact on consumers. Following these successful examples, Canada will no longer distribute pennies.

The penny's elimination will have no negative impact on consumers. Pennies can still be used indefinitely. They will continue to retain their full value for payments and can be redeemed at banks. Prices will continue being set at 1¢ increments, and payments by cheque or credit card will not change.

Our Conservative government is also actively working with and encouraging charities in communities across Canada to organize fundraising activities to benefit from the elimination of the penny. Indeed, in southern Ontario, we are already seeing local penny drives. For instance, Habitat for Humanity, Middlesex, Oxford and Elgin, a great charity, is looking to collect one million pennies to help those in need.

To quote Jeff Duncan from Habitat in the area:

I know $100,000 is an awful lot of pennies...But this is a grassroots thing and Habitat was founded on a grassroots principle. We thought this was a fun way to engage kids. We need the whole community to help.

Economic action plan 2012 sets out a comprehensive agenda to bolster Canada's fundamental strengths and address the important challenges confronting the economy over the long term, all the while keeping taxes low and managing tax dollars responsibly.

This provides an opportunity for the government to take significant actions today that will fuel the next wave of job creation and position Canada for a secure and prosperous future. That is why I encourage the House to support the measures in today's act.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 4:15 p.m.


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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, today I will join many of my colleagues in opposing the legislative monstrosity that is Bill C-38. The stated purpose of this omnibus bill, which is over 420 pages long, is to implement budget 2012, but it contains numerous measures that have nothing to do with the budget per se and that were never announced to Canadians.

Bill C-38 constitutes a direct attack on transparency, in terms of both its substance and the way the government is imposing its ideological vision of the country on Canadians by attempting to stifle and discredit all opposition to its dogmatic approach.

The Conservatives began by limiting the amount of time opposition parties could spend studying and debating this massive and destructive bill. They know that the devil is in the details, and they do not want to give us a chance to warn Canadians about what they are doing.

The fact that members had very little time to carefully review and analyze this bill makes it practically impossible to get an accurate picture of how Bill C-38 will affect people. This way of doing things is unacceptable and proves the government's contempt for Parliament and our institutions.

The Conservatives also have an unfortunate tendency to make fun of those who oppose their vision and their way of doing things, which, frankly, are better suited to an autocracy than to the Parliament of Canada. Those who oppose Bill C-38, whether they be parliamentarians or ordinary Canadians, are often described by the members opposite as people who are trying to create division in Canada or who simply do not understand what the government is trying to do.

Opponents are described as big bad socialists who are manipulating the media and public opinion and who simply want to impose their will on Canadians no matter what the cost and with no thought for the common good. This typically Conservative way of talking about opponents is an insult to Canadians' intelligence.

Did the fall of the Wildrose Party not teach them that Canadians do not like mean-spirited generalizations? In my riding of Portneuf—Jacques-Cartier, I have even met people who were members of the Conservative Party but who sent their membership cards back to the party in protest at this way of doing things. They approve of the ideas being put forward by the Conservatives, but they refuse to support this lack of democracy and the way the Conservatives are forcing positions on Canadians that they do not share.

Canadians have the right to accurate and honest information about what the government is doing on their behalf. In its election campaign, this government promised everyone that it would be a transparent and accountable government. But that has not been the case since it came into power. Quite the contrary.

Bill C-38 is further proof that the Conservatives cannot be trusted. Canadians hesitated for a long time to give a majority to this government because they were afraid of its hidden agenda. They were right to be afraid.

As I mentioned before, this budget implementation bill goes well beyond the budget and contains a number of important changes that were not mentioned in the election campaign or even afterwards. This bill will forever change Canadian society, and it will not be for the better.

At least one-third of this bill seeks to greatly undermine if not virtually decimate the system of environmental protections, assessments and regulations that protect Canadian fauna, waterways and ecosystems, to permit the unrestricted development of our natural resources, just like in the Duplessis era.

The Conservatives do not have a strategy for developing renewable energy and reducing the use of fossil fuels. Pipeline projects, which are so near and dear to the Conservatives' hearts, will be imposed on Canadians against their will in order to export our natural resources. Decidedly, with this government, the great darkness is back.

Bill C-38 considerably diminishes the Auditor General's oversight powers, including by eliminating his mandatory review of the financial statements of 12 government agencies. In light of the giant fiasco that is the F-35 procurement process and the lengths this government has gone to in order to hide the real cost of this purchase from Canadians, I can see why the government does not want the Auditor General to have too many powers.

This legislative Trojan Horse also seeks to raise the eligibility age for old age security and the guaranteed income supplement from 65 to 67. This change, which will not affect many MPs here right now, will directly affect my generation and will make our seniors in need even more vulnerable. The Prime Minister knows full well that the current system is still viable for many years to come and that these draconian cuts are unnecessary.

The government would save more money if it stopped wasting money on its plans for building megaprisons and on its questionable military procurements. It would not have to punish future generations, as it is doing right now.

We understand why the Prime Minister wanted to escape to Switzerland, rather than make that announcement here in Canada.

I could go on for hours about the devastating effect that budget 2012 and Bill C-38 will have on Canadian society and its institutions.

However, I would now like to focus more on how this bill will affect the people of my riding, Portneuf—Jacques-Cartier.

Contrary to what the Conservatives seem to believe, not everyone in this country shares their vision and supports their way of governing—far from it, in fact. Every day, people come and see me and tell me how ashamed they are of this government, of Canada's image in the rest of the world and of the Conservatives' lack of environmental conscience.

The people of Portneuf—Jacques-Cartier cannot relate to this government, since it does not share their values and it prefers to ignore their needs and requests. People are feeling betrayed and abandoned by the Conservatives, who appear to be governing only for the benefit of their friends.

This government keeps repeating that the budget focuses on job creation, yet the Parliamentary Budget Officer has confirmed that over 43,000 jobs will be lost, including over 19,000 in the public service.

The fact is that this budget forecasts higher unemployment, of all things. How is that good news for the people of Portneuf—Jacques-Cartier who have lost their jobs or are about to? It is very hard to follow this government's logic.

The first round of cuts at CFB Valcartier has been announced. At least 160 military support jobs will be lost, and that is just what we know so far.

The government is so stingy with the details that information comes out in dribs and drabs. That makes it very hard to get a clear sense of how their decisions will affect people.

With its 7,000 employees, CFB Valcartier is the largest federal employer in my riding, and I know that job losses there will have a very negative impact on the region's economy.

The cuts will affect about 100 families in my riding and the surrounding area, and merchants in neighbouring municipalities will feel the pinch as well, because local people will have less and less money to spend on their products and keep the economy going.

I cannot understand how Conservative members from the Quebec City region can endorse measures that will have such a negative impact on the local economy in their own ridings. That makes no sense to me.

In addition, if these cuts in support services to the military are combined with the cuts in direct services provided in the offices of the Department of Veterans Affairs, questions may well be asked about the real consideration that this government has given to the military in the Portneuf—Jacques-Cartier and Quebec City regions.

Furthermore, absolutely nothing has been done to help the forestry workers in my riding, who have seen their mills go bankrupt one after another and who find themselves unemployed and unable to support their families.

There is no investment in helping the forestry industry, which is a very important sector of Quebec's economy, and particularly in the Portneuf region.

The Conservatives boast about having done more than anyone else to create manufacturing jobs, but where are the results? Where are the jobs in Portneuf—Jacques-Cartier?

Finally, the residents in my riding are particularly concerned about the major changes that this government wants to make to our system of environmental assessments for the benefit of big oil companies.

Have the Conservatives learned nothing from past experience? This week, the Commissioner of the Environment and Sustainable Development reported that there are tens of thousands of contaminated federal sites, whose decontamination would cost more than $7 billion.

One of these sites, located in Shannon, is well known to Quebeckers. This tragic story of groundwater contaminated by TCE is unfortunately still going on today, and this government is refusing to live up to its responsibilities and take quick action to decontaminate the affected sites.

All possible measures must be taken to prevent toxic chemicals from finding their way into our ecosystems. One of the best ways of doing so is to ensure that comprehensive environmental assessments are carried out before each new natural resources development project. The time period over which these assessments are carried out must never be reduced, and the opportunity to speak out on such projects must never be restricted, yet two of the new measures this government wants to impose on us would do just that.

The residents of Portneuf—Jacques-Cartier and particularly the residents of Shannon know only too well the devastation caused by the contamination of water and soil and do not want these sorts of tragedies to happen again.

How can this government justify putting the lives of Canadians in danger with Bill C-38? It is absolutely unthinkable.

In conclusion—and I know I only have a little time left—I want to use my time to congratulate my colleague from Parkdale-High Park, who proposed a first-rate motion to amend this bill, which is totally unacceptable in its current form. I would like to congratulate her on her outstanding work on this issue. The solutions she is putting forward are sensible, rational and reasonable and should be implemented. My colleagues and I will continue to work with this aim in mind.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

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


See context

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, I would like my colleague to explain why this government cannot demonstrate accountability and transparency with respect to its omnibus Bill C-38.

In their 2011 election platform, the Conservatives promised not to reduce transfer payments to individuals or the provinces for essentials, such as health care, education and pensions.

Then, on June 7, 2011, the Prime Minister rose in the House of Commons and said, “Our government has been very clear. We will not cut pensions.”

Why are his statements so unacceptably inconsistent? I would like the member opposite to explain to me why the Conservatives misled Quebeckers and Canadians.

The Chair Conservative David Tilson

I can tell you what this committee has normally done in the past and what I plan in the future.

When we finish one project, we generally meet as a subcommittee and plan what we're going to do in the future. There are all kinds of things. We debate what items we're going to.... It could be those items. The government may have some suggestions. The official opposition may have some suggestions. They have one now.

We were going to meet next week, as a subcommittee, to plan where we're going in the future. So I'm at a little bit of a loss.

You are, in a way, contradicting your whole approach to Bill C-31. You have complained that we're not having enough time, and now you appear to want to debate a motion on Bill C-38.

The government has indicated that it's not going to support your motion.

Quite frankly, I would prefer that the topic be left until we meet as a subcommittee. I first of all want to meet with the analysts and the clerk to hear what they have to say about the report we've been working on and to prepare a report for the subcommittee on their suggestions and some of the topics that have been raised in the past. That would take place next week, as opposed to now, in the middle of the time scheduled for dealing with Bill C-31.