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 ActGovernment Orders

May 8th, 2012 / 1:55 p.m.


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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, it gives me great pleasure, as the member of Parliament for the riding of Renfrew—Nipissing—Pembroke and on behalf of the people of my riding, to speak in support of Bill C-38, the budget implementation act, which speaks to our economic action plan 2012, Canada's blueprint for jobs, growth and long-term prosperity.

One of the reasons that Canada, relative to our economic trading partners, continues to outperform other western economies is the ability of the government to have a forward thinking vision, to plan for the future prosperity of all Canadians. It is clear that any thoughtful Canadian reading our budget sees the goal that we have set out to deal with some fundamental challenges that will arise if corrective action is not taken today. This is being done, while at the same time following our careful, prudent course that has made our finance minister the envy of the G7 countries.

Thoughtful Canadians in my riding have spoken out loud and clear. They like what they read in Canada's 2012 economic action plan. They understand leadership means making difficult decisions today to secure a confident, secure future for tomorrow.

As a Conservative member of Parliament, who makes it my business to directly speak to my constituents regarding the policies put forward, I am pleased with the positive reaction that our budget has received from all Canadians. I read every comment that I receive. For this government, public consultation means just that. We take the time to listen to our constituents, and I am grateful for the many positive suggestions, comments and observations I receive. All comments are welcome.

As a member of the government, I ensure that our Prime Minister and our Minister fo Finance know what is on the minds of Canadians. Suggestions from constituents from Renfrew—Nipissing—Pembroke have played an important role as our government charts a future course intended to benefit most Canadians.

For many people, our budget does go far enough in cutting the deficit, particularly in cutting unnecessary government spending that seems to creep into every program, however well-intentioned the program may have been when it was first proposed.

The people of the Ottawa Valley are well-known for their fierce independence, as well as their common sense approach to living. Their responses to our budget reflect this back. They are people like Lance Bridges, who wrote the following in response to a series of questions I asked individuals to respond to concerning our economic action plan 2012, which will be implemented with the passing of Bill C-38, the legislation before us today.

In response to my question about lowering the deficit, Lance responded:

“I suppose it is a good thing. Unfortunately all my time is taken up trying to figure out how I'm supposed to keep up with my bills and repairs on my home. I used to be able to save on living off of the land but I had to quit when Bill C-68 (the liberal long-gun registry) came into effect, and now that it's gone, my deepest thanks for that, I have no means to get my licenses back since they won't grandfather them to me. It would be a big help if things were set up like fishing licences. It would be a large financial burden lifted from us if all these fees were exempt to the disabled. It would be even nicer if all these unnecessary licences (guns, fishing, hunting, etc.) were eliminated completely.

It's difficult to gauge how the federal budget really affects my family and as we have to survive on what little the Ontario Disability Support Plan offers us. And now with a freeze on, the help to keep up with prices doubling on almost everything is lost.

Thank you for what you've done in the budget”.

Our budget is intended for families like Lance's. I thank him for responding to our survey.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 1:25 p.m.


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Conservative

Ray Boughen Conservative Palliser, SK

Mr. Speaker, I am pleased to rise today to speak to budget 2012 on behalf of the residents in my riding of Palliser in southern Saskatchewan.

Our government has developed a positive, responsible plan to help keep Canada's economy growing, fuel job creation and secure the long-term prosperity for Canadians. It is a solid plan that will help businesses and individuals within my riding, within Saskatchewan and, indeed, within the boundary called Canada.

In the international financial community, there is admiration for Canada's stable position. These accolades include the World Economic Forum stating that our banks are the soundest the world, and Forbes magazine ranking Canada as the best place in the world to do business, to grow business and to create jobs.

In fact, since July 2009, our economy has created more than 700,000 net new jobs.

I will talk about four parts of budget 2012 that would support businesses, families and communities in my riding: First, creating a more efficient immigration system; second, managing our resources better; third, expanding our trade opportunities; and fourth, creating a sustainable old age security program for future generations.

There are Canadians who are out of work or underemployed. At the same time, there is a labour shortage in Saskatchewan, as well as other parts of the country, for some jobs. This budget contains measures to create new, high quality jobs for Canadians while providing measures to fill vacancies through improving the temporary foreign worker program if, and that is a big if, there are no Canadians to fill these positions.

Since 2006, the government has pursued much needed reforms to focus Canada's immigration system on increasing economic prosperity for Canadians. We need to move to an increasingly fast and flexible immigration system that responds to the needs of the labour market in order to sustain Canada's economic growth.

During the pre-budget consultations, a business owner within my riding mentioned that the processing time for skilled workers needed to be reduced. He also mentioned that there was too much red tape during this process. I heard that from a number of constituents. I am proud to say that the government listened and committed to lessen the processing time for temporary foreign workers who made applications, while reducing the paper burden on all employers.

We propose further improvements to recognize foreign professionals, such as physicians, nurses and engineers, among other much needed roles within the Canadian economy.

Looking at the second pillar, I will talk about how budget 2012 will help to manage our resources.

My home province of Saskatchewan is blessed with many resources that drive the economy and there is demand for these resources worldwide. If we are to compete with other resource rich countries, which would create some of those high quality jobs that I mentioned, we need to put in place an effective, efficient regulatory system to review major projects.

We propose to streamline the review process to encourage responsible resource development. The proposed review process will include fixed timelines and a one project, one review process, while introducing stronger penalties for those who violate our environmental laws.

Turning to number three, I will talk about how our plan will help expand trade. I am supportive of the focus on international trade, as it create jobs for residents in my riding and in Canada. Since 2006, we have finalized nine free trade agreements with other nations and we continue to deepen trade agreements with other nations, including those with fast growing economies. In fact, a Canada-European Union free trade agreement would bring a 20% boost in bilateral trade, which would create approximately 80,000 new jobs.

Agriculture contributes enormously to our country's economy, with nearly $35.5 billion in exports, which makes Canada the world's fifth largest exporter of agriculture and food products.

Our plan includes measures to help our farmers and ranchers succeed, which is good news for my riding where agriculture is the number one industry. They are succeeding partially thanks to efforts in opening markets for our Canadian beef, pork, canola, pulse crops, wheat and more.

We will continue to work on behalf of farmers and ranchers to ensure that people in other countries have access to our high quality Canadian food.

Our efforts and successes have been well recognized by the agricultural sector. Additionally, exporters within my riding would benefit through extending the provision of domestic financing by Export Development Canada.

I would like to take a minute to talk about the old age security program.

Budget 2012 proposes changes to the OAS program to ensure that it will be sustainable for future generations. Our plan outlines that changes will not be introduced until 2023, which means that seniors or those who are nearing retirement will not be affected. Our government is providing many years of lead time to allow individuals to make adjustments to their savings plan as necessary to meet their own goals and aspirations.

I will provide a comment from a constituent who stated, when we were talking about pensions, “The pension reforms are acceptable, seeing that the age change will only take place after 2023 or 2029, allowing the next generation to prepare, and thus manage their economies of scale accordingly”.

Our seniors are realists.

We are also eliminating the application process for OAS and GIS, which has been warmly received by many constituents who contacted my office.

I support changes for the sustainability of the OAS program on behalf of residents in my riding who may need the OAS in future years.

I would ask all hon. colleagues to support Bill C-38, a positive, reasonable plan that encourages job creation and growth within sound fiscal principles and without reducing transfer to persons. It is the right plan for Palliser, for Saskatchewan and for Canada.

Thanks to our elected majority government, I am excited for the opportunities facing Saskatchewan and Canada as our government works to allow businessed to flourish and families and communities to grow and strengthen.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 1:20 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we are talking about Bill C-38, a budget bill that typically would be less than 40 pages at best. This bill has in excess of 400 pages and it impacts some 70 pieces of legislation. Over 120 pages deal with the environment.

That is why we argue that the government is using the back door of the budget, not only to limit debate on the budget but to sneak through legislation that should be set aside to go through the system separately. Would the member agree with the Liberal Party and acknowledge that the bill should be a number of different bills?

If the Prime Minister has any belief in democracy, he should break up the bill before it even comes to a vote.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 1:10 p.m.


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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I am pleased to rise to speak on the very reasoned amendment from the member for Parkdale—High Park to Bill C-38.

I rose a moment ago and asked the previous speaker a question about the fact that a budget was introduced a few weeks ago when the Minister of Finance, on behalf of the government, talked about the government's direction and where it wants to allocate resources. While Conservatives talked about it as a jobs and prosperity budget, we know they are laying off tens of thousands of workers at a time when they are talking about creating jobs and we know that they have made a frontal assault on senior citizens in this country, yet lo and behold, when we see Bill C-38, we find that the damage and the destruction the government is intent on waging in this country are much greater than we would have imagined.

The previous speaker talked about how the government has engaged in massive consultation with Canadians and how Bill C-38 is exactly what Canadians want. I understand that the finance committee travelled across the country and held pre-budget consultations with Canadians, but never once was it suggested to Canadians that the government was going to gut environmental laws. Never once in those consultations or any of the consultations that happened in Nova Scotia on behalf of the Minister of Finance was there ever any discussion about the fact that the government was going to gut the Fisheries Act—completely turn it on its head and take away the power that existed in the Fisheries Act to protect fish habitat. Never once did it say anything to Canadians about its intention to do that.

I will give Conservatives credit. They did give us a bit of a heads-up on the OAS. There was an announcement by the Prime Minister. When he was in Davos drinking Chablis with his friends and talking off the cuff, he said that he was going to transform this country and that he would start by ripping dollars out of the pockets of senior citizens in 2023. I do not care if it is in 2012, 2015 or 2023; it is an attack on seniors in this country. That is what the government has done.

Now we have Bill C-38, which goes after the environment, fisheries, workers and seniors, as well as the accountability of the Auditor General to ensure that taxpayers' dollars being properly spent by a whole host of agencies. The complexity of the changes being proposed in this bill boggle the mind.

I had a conversation with a retired scientist from DFO who had been involved in the environment for over 35 years. When he initially examined the changes that were being proposed, he said the initial changes to subsection 35(1) were not too bad and that they would strengthen a bit of the problem with this and a bit of the problem with that. However, he then said the that other shoe drops, with the government bringing in changes that are going to completely wipe out any of the improvements that were brought in and wipe out the effectiveness of the provisions in the Fisheries Act that deal with the protection of fish habitat.

The most damaging part of this whole bill is the attack being waged on fishing communities across this country and on the ecosystem, frankly, because fish habitat is about the ecosystem. It is about the interrelatedness of the water and the land to ensure that we have a variety of species in this world to contribute to the betterment of our society. Some of it may be commercially viable, but that is not the reason it is protected; habitat is protected because we want to make sure we have a strong and viable ecosystem. Habitat is the water and land necessary for the survival of all species, including fish. Habitat destruction is the most common reason for species decline, and the Fisheries Act has been essential in protecting fish habitats and the fisheries they support.

I have spent the last couple of weeks sitting in on the Standing Committee on Fisheries and Oceans, where we heard witnesses talk about the problems with invasive species in the Great Lakes. I am from the east coast and I do not know a whole lot about invasive species in the Great Lakes. I know a lot about the cod moratorium and how it devastated the coastal communities in Nova Scotia, Newfoundland and Labrador, P.E.I., and New Brunswick. I also know how lobsters, scallops and other crustaceans have rebounded to fill the gap and I know that the fishery is critical to hundreds of thousands of families in this country—to communities, to families, to children, to our very way of being.

What I have learned over the past couple of days is just how closely connected our whole system is. Members have heard about the zebra mussel and how it clogs up the bottom of many of the Great Lakes and attaches itself to the outfalls of power plants and creates a great deal of problems. The quagga mussel is now also part of that.

There is another invasive species, a fish. I have forgotten its name, but it eats the mussels. The combination of the two creates botulism and results in huge fish kills, as well as killing waterfowl. Who would have thought that connection, that level of chemistry, would take place and affect the Great Lakes? It is a serious problem.

There are also problems with the sea lamprey and others. What was interesting was what we were told about the science, the ways to prevent these invasive species and how to mitigate their negative effects to ensure the return of more commercially viable fisheries. Those things are not known when an invasive species is initially identified; it takes science, time and the dedication of DFO and the Minister of Natural Resources in order to come to that conclusion.

My point is that the changes being proposed by the government, simply as they relate to the Fisheries Act and the definition with respect to the protection of fish habitat, are destructive beyond belief, and we cannot allow that to happen. For the government to be so gutless as to hide behind this omnibus bill rather than to bring about these changes in a bill that would go before a legislative committee in order for us to bring experts in to deal with the issue is absolutely wrong. It is fundamentally wrong.

I am talking to Canadians, as are my colleagues, and Canadians are waking up to what the government is doing. We will stand both here in the House and in our communities and do everything we can to ensure that Canadians understand what the government is intending for the fisheries, for the environment and for our society. We will do everything we can, along with lots of Canadians, to ensure that this does not happen.

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May 8th, 2012 / 12:50 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, Canadians may be confused. They hear opposition members saying that with Bill C-38 the government is gutting environmental laws, and they hear the Conservative members of Parliament saying that they are strengthening the laws.

The reality is clear when we look at the legislation. The Canadian Environmental Assessment Act is repealed. An entirely new act of 67 pages replaces it, which lacks the fundamental elements that have been there since 1992 when that act was passed.

I would like to ask my hon. friend if, in looking at this bill in relation to Fisheries Act provisions and the protection of fisheries habitat, he has concerns that are particularly applicable to his community of Newfoundland and Labrador?

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May 8th, 2012 / 12:40 p.m.


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NDP

Ryan Cleary NDP St. John's South—Mount Pearl, NL

Mr. Speaker, I stand today in opposition to Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

Let me be clear from the get-go. Not only do I rise in opposition to the Conservative budget, which is a backward step in so many ways for Newfoundland and Labrador and all of Canada, or then again step is not the right word, backward leap seems more appropriate for Newfoundland and Labrador and all of Canada, I also rise in opposition to those “other measures”. The bill is an omnibus bill, a massive bill, 421 pages long. It not only contains the means to implement the 2012 budget, but contains dozens of other measures buried in its pages, hidden in its pages, measures that have nothing to do with the budget, measures that include everything but the kitchen sink, from increasing the age of eligibility for old age pension to 67 from 65, to gutting the federal Fisheries Act, to ripping apart environmental legislation that may leave our country, when the Conservative government is done with it, in a mess.

I take back what I said a second ago about the kitchen sink. The sink just may be in the bill somewhere. Maybe that is why the Conservatives are so set on limiting debate. Maybe that is why the Conservatives are so set on ramming legislation through this esteemed House so quickly, legislation that was not even hinted at in the 2011 federal election, as a means to sneak through their secret agenda and to sidestep democracy.

I can tell members that the Conservatives will have a hard time getting anything past my party, Her Majesty's Loyal Opposition, try as they may. What is more, the Conservatives will have an even harder time getting anything past Newfoundlanders and Labradorians and Canadians.

The Canadian public is starting to get a pretty good idea of what the Conservative Party and the Prime Minister are about. They are about big business and the corporate agenda at the expense of average Canadians, at the expense of the environment and at the expense of real, meaningful jobs.

The irony is the budget is described as a job-creating budget at the same time that it kills more than 19,000 federal public sector jobs.

The face of Canada is changing, and I have heard this in my riding, and Newfoundlanders and Labradorians and Canadians do not like what they see in the Ottawa mirror. It is not who we are.

I have three perspectives on the Conservative budget implementation bill: the Newfoundland and Labrador perspective; the Atlantic perspective; and the national perspective.

I will speak about my own province first. Most people where I come from are Newfoundlanders and Labradorians first and Canadians second. They will tell people that to their face if they are asked and even if they are not.

Bill C-38 would have a huge negative impact on my province with regard to federal job cuts. More of the federal jobs in Newfoundland and Labrador that we have are being moved to Halifax. We will lose more jobs and we have few already. The mayor of St. John's, Dennis O'Keefe, has gone so far as to say, “If this continues, we'll end up being a colonial outpost — not of Ottawa, but of Halifax”. He further said, “Maybe it's happened [so] often, since 1949 with Confederation, that we're used to getting a kick in the rear end”. The final quote from the good mayor was, “I don't mind if we got our fair share, but we've never had our fair share of federal jobs in this province, period”.

There is no doubt that there is resentment in my home province toward the Government of Canada. Our fishery has been destroyed under Ottawa's watch. The federal presence in my province is but a faint shadow of the federal presence in other provinces. Not a single federal crown corporation is headquartered in my province.

There is resentment toward Ottawa, but there is particular resentment toward the Conservative Prime Minister who, to quote my people, “is no friend of Newfoundland and Labrador”.

Let me highlight some of the federal jobs that would be lost in my province as a result of the latest Conservative budget.

The Veterans Affairs office in Corner Brook will be gone. The Canada Border Services Agency is losing its director in my province. While the province of Newfoundland and Labrador is trying to build its cruise ship industry, the federal Conservatives are doing their best to stop it dead in the water. Border Services is also losing its only dog, trained to sniff out drugs and guns in Newfoundland and Labrador. Maybe we could get some psychics to step forward and volunteer their time.

Seafood inspection provided by the Food Inspection Agency will move to Prince Edward Island. I can see the sense in that, though. The federal Conservatives have written off the Newfoundland and Labrador fishery, so why not move food inspection to P.E.I.?

The St. John's food inspection lab is slated to close with transfers to other provinces. There are cuts to Marine Atlantic, which operates the Gulf of St. Lawrence ferry link, which will likely drive up the fares and the cost of everything. There are also cuts to Human Resources and Skills Development Canada, although not in the federal riding of Labrador, which a Conservative member represents. It is all good there for some reason.

Public Internet will be shut down at 96 provincial libraries around Newfoundland and Labrador. Parks Canada is also cutting back at national parks and historic sites in Newfoundland and Labrador. While the province of Newfoundland and Labrador spends millions of dollars on tourism campaigns to try to get Canadians and the world, to come to Newfoundland and Labrador, the Conservatives cut back on the amount of time the parks are open and they increase ferry rates. I do not get that.

Cuts to the federal Department of Fisheries and Oceans will amount to nearly $80 million by 2015. DFO is closing the marine rescue sub-centre in St. John's, transferring the jobs to Halifax and Ontario.

I do not know if all Canadians realize this, but Newfoundlanders and Labradorians have a unique dialect, a lot worse than mine and a lot better than mine. A skipper from outport Newfoundland, with seconds to send off a mayday before abandoning ship, may not be understood by a mainlander. That is the simple truth of it. Here is a quote from Merv Wiseman who works at the marine rescue sub-centre, and retires today. He said, “We know as professionals that people will die and we've expressed that view right on up the line, right up to the ministers themselves — to no avail”.

People will die. What could possibly be more important than the lives of our mariners? The answer is the dollar. The answer is a desire to stamp out a culture of defeat, as the Prime Minister has described us. I can tell the Prime Minister this. There is fight yet where I come from, and he will see that in 2015.

On a national level, the Conservatives are pushing through their plan to raise the eligibility age for old age pension and guaranteed income supplement to 67 from 65. That is not on with Newfoundlanders and Labradorians. They say that Canada is in danger of losing its soul. They say that Canada is in danger of losing her social programs that separate our great country from so many others. They do not like what they see in the Ottawa mirror. The Conservative face is a frightening face.

The budget implementation act will also see the word “habitat” removed from the Federal Fisheries Act. Let me quote from Otto Langer, a renowned fisheries scientists who came out against the changes to the act. More than 600 scientists actually came out against changes to the act. He said, “This proposed move by the Harper government is a travesty for our fishery resources and the health of the entire ecosystem and it ignores the needs of our future generations”.

A full one-third of Bill C-38 is dedicated to the gutting of environmental legislation and protection.

Again, Bill C-38 is an absolutely massive bill. What do the Conservatives do to ensure the debate is a healthy debate and in the best interests of the country they look after? The Conservatives limit debate and that is not good enough.

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May 8th, 2012 / 12:20 p.m.


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NDP

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

Mr. Speaker, I would like to thank my hon. colleague for her comments and her question.

I would like to mention some of the organizations affected by these changes. The Auditor General will no longer examine the activities of the Canadian Food Inspection Agency, the Canadian Transportation Accident Investigation and Safety Board, or the Canadian Centre for Occupational Health and Safety. These are rather important organizations that look after Canadians' health, food and transportation.

We are very concerned that this government is attempting to undermine the transparency of Parliament. This also prevents us from doing our job, which is to provide oversight. The government is trying to destroy the tools we use to do that.

Bill C-38 disbands the Public Appointments Commission, which will significantly reduce the transparency of the public appointments process. This is very worrisome and is the reason why we will be voting against Bill C-38.

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May 8th, 2012 / 12:20 p.m.


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NDP

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

Mr. Speaker, I had the honour of serving with my colleague on the Standing Committee on the Environment and Sustainable Development, so I know he is also familiar with these issues.

When we look at Bill C-38, we know that it would have numerous negative consequences for our fisheries. It would change the rules around fish habitat protection and the deposit of deleterious substances in fish bearing waters.

Having served on the environment committee, it has become clear to me that the government does not have a clear understanding of how biodiversity works. It does not have a clear understanding of the fact that we need to protect species of fish that are not necessarily fish that are exploited by fisheries, because these fish belong to an ecosystem that is interdependent among species. We see that there is not a lot of expertise on the government side on this issue.

We take issue with the fact that the bill would increase ministerial discretion when it comes to our fisheries and would give sweeping powers to the minister to transfer authority to the provinces or other bodies to allow for fisheries management. This is something that is of great concern to my constituents and to Canadians.

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May 8th, 2012 / 12:10 p.m.


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NDP

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

Mr. Speaker, I am pleased to rise today to express the anger and frustration that I and many people in Rivière-des-Mille-Îles feel with the tabling of this budget implementation bill.

Bill C-38, the bill to implement the budget, is a profoundly illegitimate bill. The Prime Minister promised to govern on behalf of all Canadians after the last election. In fact, however, with this budget, we see that the Prime Minister is governing for oil companies and mining companies, not for taxpayers. He is not governing for working people, for families, for seniors, for veterans, for people who are unemployed, for farmers or for people who work in manufacturing industries.

I have also met with Aveos workers in my riding who are worried, because they have been laid off and have no way of supporting their families. They are outraged at the Conservative government’s track record since the last election, which amounts to a lot of back-to-work legislation but no support for working people and their families.

When it comes to providing unreasonable subsidies for big business, the government shows no hesitation, but when Canadian workers lose well-paid jobs, there is total silence from this government. We saw the same thing in the case of the Electro-Motive Diesel employees in London, Ontario.

There are other reasons why this budget concerns me, however. It is obvious that the Prime Minister's agenda was not laid out for Canadians. In the last election, the Conservatives were very careful not to tell voters that they would be taking their axe to the Environmental Assessment Act, that they would be going back on Canadians’ word on the Kyoto protocol, that they would be cutting employment insurance benefits and services to veterans, and especially that they would be pushing Canadians’ retirement age back two years.

How can the government claim to have the consent of the public when it concealed such fundamental aspects of its political agenda from them?

This brings me to another point: the government is adding insult to injury by including a series of provisions in the budget implementation bill that have nothing to do with the budget—provisions relating to the Kyoto protocol, environmental assessment, food safety, the powers of the Auditor General, assisted reproduction, oversight of the intelligence service and protection of fish habitat, to name just a few.

This bill can be described as containing everything but the kitchen sink. It is wholly improper for the government to include these provisions in a catch-all bill in the hope that it can slip them past parliamentarians unnoticed. This approach prevents parliamentarians from exercising the oversight that it is their job to exercise.

A modicum of decency would require that we split the bill to allow the Standing Committee on Finance to study the budget measures and other committees to study the measures contained in Bill C-38. The government refused this reasonable suggestion made by the official opposition. What does it have to hide?

Finally, in addition to short-circuiting Parliament by introducing an omnibus budget bill, the Conservatives have decided to steamroll Bill C-38 through. The government has used its majority to limit debate in the House to seven days.

Imagine. Just seven days to study a 431-page bill with 750 clauses that amend 70 laws. That is unprecedented.

Journalist Manon Cornellier called bill C-38 a mammoth budget. I do not know if she was referring to the size of the bill or the prehistoric nature of the measures it contains, but she is concerned, and with good reason, about how it will affect our democracy. I would like to quote her:

At this rate...the Conservatives will succeed in transforming Parliament into a theatre for political posturing. It will be a shadow of the democratic institution it is meant to be, a place where elected members are supposed to be the voice of the people. What a sorry spectacle.

I commissioned a poll of 100,000 constituents in the riding of Rivière-des-Mille-Îles and I can tell you that the main elements of the Conservative budget do not pass muster.

Some 73% of the population of Rivière-des-Mille-Îles oppose raising the retirement age from 65 to 67, and 60% believe that the spike in the costs of the old age security system will be offset by increased government revenues.

The people of Rivière-des-Mille-Îles are not fools. Like the Parliamentary Budget Officer and many economists, they know that the public pension system is viable and capable of dealing with the retirement of all the baby boomers.

In contrast to the provisions of this budget, which will reduce the benefits of thousands of unemployed workers, 50% of the residents of Rivière-des-Mille-Îles are calling for improvements to the employment insurance system. Finally, 75% of the people of Rivière-des-Mille-Îles condemn the withdrawal from the Kyoto protocol, as the government is proposing in Bill C-38.

This all clearly demonstrates that this budget and the budget implementation bill are completely out of touch with the priorities of the people of Rivière-des-Mille-Îles and that the Prime Minister can in no way claim to be governing on behalf of the people of Rivière-des-Mille-Îles.

What is most shocking about Bill C-38 is that this budget bill does not include any measures for job creation. Indeed, the only employment strategy included is the Conservatives' attempt to placate businesses by eliminating environmental protections. So what if we are jeopardizing our future by destroying the environment?

Bill C-38 is an unprecedented attack on the environment. It gets rid of the National Round Table on the Environment and the Economy, an organization responsible for advising the government on sustainable development. It also repeals the Kyoto Protocol Implementation Act, which required the federal government to comply with international greenhouse gas reduction targets and to report its progress.

If Bill C-38 is passed, the Canadian Environmental Assessment Act will be gutted. The public consultation process will be reduced to a rubber-stamping operation to satisfy gas, oil and mining companies. Cabinet will give itself the power to green-light projects even if the agency responsible for environmental assessment recommends that they not go ahead.

This bill gives the government the power to suppress charities, including environmental groups, that are too critical of the government. Bill C-38 is intended to silence the environmental movement.

On May 22, I was proud to be one of 400,000 Quebeckers who marched through the streets of Montreal to protest the backward environmental policies of this Prime Minister and his government. Clause 699, which repeals the Kyoto Protocol Implementation Act with no reason or explanation, is buried on page 401 of the bill now before us. That is insulting.

I would also like to take a few minutes to talk about automatic registration for the guaranteed income supplement. We know that 135,000 Canadians and 45,000 Quebeckers are entitled to the guaranteed income supplement, but they do not receive it because the government is not doing everything it can to reach them.

To remedy this problem that has been going on for years, I introduced a bill on March 15 to force the government to contact those who are entitled to this supplement. During the budget speech, we learned that the government was considering implementing a proactive enrolment system for old age security benefits and the guaranteed income supplement.

Clause 454 of Bill C-38 states that, from now on:

(3.1) The Minister may, in respect of a person, waive the requirement...for an application for payment of a supplement...if...the Minister is satisfied, based on information available to him or her under this Act, that the person is qualified under this section for the payment of a supplement.

I must say that I am disappointed by the very restrictive wording used. At first glance, it seems very limiting since it implies that Service Canada has to have a file on the people who may be eligible. That does not solve the problem for people whom Service Canada is unaware of but who are known by other departments, such as Revenue Canada or Citizenship and Immigration Canada.

In my opinion, the government's measures do not solve the problem of red tape needlessly imposed on those entitled to benefits. It may mean, for example, that the government will continue to require proof of marital status, when Revenue Canada already has that information.

I would like to summarize my ideas. I believe that the government, out of respect for Canadians and democratic institutions, should at least submit Bill C-38 to public debate and let the opposition do its job.

Bill C-38must be split to allow the appropriate committees to study it. For this reason, and others mentioned in my speech, I strongly oppose Bill C-38.

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May 8th, 2012 / 12:05 p.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I wonder if my colleague has plowed deep down into Bill C-38 and realized the broad, sweeping implications that it has, implications that were never announced and about which there has been no consultation or even debate.

One that concerns me very much is the repeal of the Fair Wages and Hours of Labour Act for the construction industry. It used to be that this particular act maintained some level playing field between the unionized and the non-unionized sectors so that companies would win their jobs based on their merit, productivity, skill and competitiveness.

Now, with the elimination of—

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May 8th, 2012 / 11:50 a.m.


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Conservative

Ben Lobb Conservative Huron—Bruce, ON

Madam Speaker, it is a pleasure to be here this morning to deliver remarks on Bill C-38.

First and foremost, before we go into the detail of the bill, I would like to point out a couple of things. I would like to give deserved credit to the Minister of Finance. He has delivered budget after budget and has really, in the early years of our government, reduced taxes to put more dollars in the back pockets of hard-working Canadians, over $3,000 more for the average family income. In addition, the tax freedom day comes more than 20 days earlier than it did in 2005.

Certainly, in the early years of the government, we have made several initiatives to reduce the tax burden placed on Canadians and, as well, on Canadian corporations to reduce their costs and reinvest those dollars in people, plants and equipment.

In 2008-09, when we were facing severe economic downturn, our Minister of Finance was there to provide stimulus to the Canadian economy to get us through a very difficult time. As we look at where we are today, both in our economy and with our country's finances, we see we are in excellent shape relative to other industrialized developed nations.

Credit should definitely go to the Minister of Finance for putting us in the place we are and also for looking forward, in the near term, to a near balanced budget in 2014-15.

That really lays the context for where we are today and where we will be with budget 2012-13 as it applies to hard-working Canadian families. This budget is a balanced budget in the fact that it remains committed to transfers to the provinces in the form of transfers for health, in addition to social programs. These programs are the fabric of what makes us Canadians and what makes us unique relative to the rest of the world.

In addition to that, we have also made some tough choices to reduce our long-term operating expenses, $5 billion-plus in long-term ongoing reductions in operating costs, which will really set our country on a foundation of success for many years to come.

As we look to Europe and other developed nations that are facing massive deficits, debts and the fear of reduced credit ratings, we see that Canada remains in the elite position of having the top credit rating, which sets our country up for success in the future.

In addition, we have also made strategic investments for the future in research and development, science and innovation that will continue to push forward and lead our country into the rest of the century.

Getting into Bill C-38, I will highlight a couple of points that I think are good changes, good adjustments. The first one is a change to the registered disability savings program. This was a program that was brought in in 2008. It was tremendously popular, with more than 55,000 new accounts being opened and having dollars invested. In addition to that, our government has invested hundreds of millions of dollars in the form of grants into the registered disability savings program.

I should just mention that every three years this program is due for renewal and review. In 2011 a review was done and a report was tabled. The changes will be implemented in time. One of the issues that arose with the program is the issue around the disabled person who is actually unable to enter into a contract or is challenged to be competent to enter into a legal contract. This presented an issue.

Many provinces, where the jurisdiction lies for presuming somebody to be competent or not to enter into a contract, brought it into question. Many families were actually having to go the legal route to have a loved one deemed incompetent, which can be expensive and also heart-wrenching for the families.

Some provinces have worked to streamline this process to appoint what they would consider a trusted person, whether it be a spouse, friend, relative, son or daughter. The provinces have taken this initiative to streamline the process for the betterment of the disabled people as well as their family and loved ones.

British Columbia, Saskatchewan, Manitoba and Newfoundland and Labrador have all taken this initiative. I think we should tip our cap to them for doing it. My home province of Ontario has not done it to date, and I would encourage the McGuinty government to work hard to get that done so we can speed up the process to get the money into the accounts of these disabled people and set a better course and path for their future.

Another topic I would like to talk about rings true in the riding I represent, Huron—Bruce, which is likely one of the most beautiful ridings in Canada. There is no doubt about that. It has beautiful agriculture, rolling landscapes and Lake Huron. It is two and a half hours from the north to the south of the riding. It is very beautiful. There are streams, rivers and creeks that we all appreciate and use to kayak, canoe, fish or whatever one likes to do. However, one issue that has continued to rear its head for farmers and farm communities is the issue around municipal drains: building, implementing and cleaning out municipal drains.

We can go back a few years and look at all the different groups that would be involved with either cleaning out a municipal drain or building one. Members will remember that we changed the Navigable Waters Protection Act so that Transport Canada would not be involved as it had been in the past. However, the Department of Fisheries and Oceans would be involved as well as conservation authorities, engineers, contractors, drainage inspectors, quite likely the municipal or country roads officials and on and on. Members can see the litany of people and entities that were involved in either building or cleaning out a drain.

A couple of years ago, our government made adjustments to the Navigable Waters Protection Act so that farmers were no longer required to make a case that their ditch was not a navigable water in which one could take a kayak. That was a positive change that helped farmers. Now it is time to change the Fisheries Act, so we can make adjustments for farmers who are putting in or cleaning out their municipal drains.

This is an important change because when farmers make an investment to buy a piece of land they need to get it drained, if it is not already drained, so they can get their crops in and get the highest possible return on their investment. It is very critical and very important.

Another key point we need to look at in the history of this issue is that about 11 years ago conservation authorities signed agreements with the Department of Fisheries and Oceans to streamline this process. In my riding of Huron—Bruce, the Ausable Bayfield Conservation Authority and the Maitland Valley Conservation Authority signed such agreements. This has been refined and revised through the years to the point now where conservation authorities perform 96% of the functions. It only comes in at the very narrowest of areas that DFO is involved and its biologists are utilized. However, this 4% likely creates 99% of the delays and problems with putting a municipal drain in or even getting it cleaned out.

It should also be noted that in our area of Huron—Bruce, most municipal drains run dry around the end of May or the beginning of June. We do not see much water of any magnitude and certainly no aquatic life, no fish, at any point through this time.

This is a good change that is reducing red tape. I know that the farmers in our area are very happy about it, as well as the engineers. Conservation authorities are happy about it because it is taking out a layer that is very cumbersome to the process. I tip my cap to the Minister of Fisheries and Oceans for making this change and providing support to our farming community.

One last change I would like to talk about has to do with CMHC and the steps we have taken with covered bonds to protect our government and the insurance we provide for people who buy homes and enter into CMHC financing. This change would enable attaching a bond to a security to prevent what we saw in the United States with Fannie Mae and Freddie Mac. It is certainly a timely and well-received change.

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May 8th, 2012 / 11:50 a.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Madam Speaker, I know my colleague agrees with me that fair wages benefit the whole community and that no one gains or benefits when we drive down the wages of the middle class, so that they can no longer participate in the economy and purchase basic household items, et cetera.

What is my colleague's view with respect to the Conservatives eliminating, by virtue of Bill C-38, the Fair Wages and Hours of Work Act, which sets minimum standards for the construction industry right across the country? Now it would drive down wages because jobs can be offered at any wage at all. Some non-union contractors could advertise, “Wanted: Carpenters, $10 an hour”, and no one would apply. Then they would phone and get temporary foreign workers in at any price. This is opening the door to reducing the standard of wages and working conditions of all construction workers across the country by virtue of slipping this in without any announcement, any debate or any consultation whatsoever. It is driving down fair wages.

Does my colleague not agree that fair wages benefit the whole community and that undermining working people's wages benefits no one but the Conservatives' rich friends in the construction industry?

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May 8th, 2012 / 11:35 a.m.


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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Madam Speaker, it gives me no great pleasure today to talk about Bill C-38, given its content.

Over the past few days, many people have expressed outrage over this bill, which is not only the budget implementation bill, but also an omnibus bill that the papers have described as “mammoth”. This bill contains an assortment of poison pills. Yesterday I slipped up and used a mixed metaphor when I said, “poisoned snakes”. But actually, the government is trying to force a bunch of snakes down our throats. This bill is riddled with poison pills.

I understand the people who say that they are outraged by Bill C-38, and I sympathize with them. However, we cannot say that we are surprised by the way the Conservatives are acting because this is far from the first time that they have introduced a bill full of poison pills. What is more, they have pulled a stunt like this before with another budget implementation bill. You were a member of Parliament at that time, Madam Speaker, and you will surely remember how the government in power, a minority government, introduced a budget implementation bill that, for example, did away with public servants' right to strike, jeopardized pay equity and abolished public financing of political parties.

At that time, the government thought that none of the opposition parties would dare to force an election on the basis of such issues. Yes, the opposition parties took a stand. The Prime Minister at the time had no choice but to prorogue Parliament. Imagine. To avoid being defeated, he undemocratically prorogued Parliament and shut down the House. Once again, this was a major crisis triggered by this government. Thus, we cannot be surprised by the way this government is acting; however, that does not mean that we should not denounce this type of behaviour.

Yesterday, media representatives asked me what the point was, since the Conservatives have a majority and will do whatever they want. Personally, I think that, if the bill were split, as we and the official opposition have already requested, every committee affected by these measures could examine the bills individually. Thus, each committee would not be required to consider a huge bill that is over 400 pages long and affects approximately 70 existing laws, and to push it through as quickly as possible. If we took the time to examine each of the measures, we would have the opportunity to discuss them and to have people testify in committee, which would change things. Canadians and some activist groups can, from time to time, find a way to counter the government's regressive attitude.

As I was saying earlier, there are a number of measures in the implementation bill that have nothing to do with the budget. Some of these measures were a complete surprise, such as the increase in the retirement age from 65 to 67 and changes to the famous Bank Act, on page 340 of Bill C-38, a measure that once again is compelling Quebec to intervene.

Quebec's justice minister, Jean-Marc Fournier, wrote a letter on April 19 to Canada's Minister of Finance, stating that the minister was once again opening the door to a legal battle between Quebec and Ottawa. The budget implementation bill contains a section on banks, which would no longer be subject to Quebec's consumer protection law. Once again, Ottawa knows best, and Quebec's consumer protection law, which is tougher than the federal law, will no longer apply.

I would like to quote part of Minister Fournier's letter in order to show the extent to which the federal government is interfering in Quebec's jurisdictions. This is what Mr. Fournier wrote to the finance minister:

...we wish to inform you of our concerns with respect to your proposal. The federal Parliament cannot decide in a peremptory manner that provincial laws do not apply to a given sector.

That is clear, quite clear, thank you. It slipped under the radar. The Bloc Québécois rose in the House to ask this question when its members finished scouring through this thick bill. The Bloc got its hands on Minister Fournier's letter to the Minister of Finance. It is completely unacceptable that Quebec may be forced to go to court again, as it did recently on bills such as the Senate reform bill and the bill to end the long gun registry. It has come to this.

That is how relations between Ottawa and Quebec, and probably between Ottawa and other provinces, are run. The dispute with Aveos, for example, affects Manitoba, Ontario and Quebec and those provinces have decided to turn to the courts to make the federal government listen to reason. This is no way to manage things. I would like Quebec to become a country so that we can manage our affairs the way we see fit. We would not have this type of problem with this Canadian government that does not listen to reason and always wears blinkers when it comes to the rights and jurisdictions of the provinces, including those of Quebec.

If, like Minister Fournier, who is a federalist Liberal in Quebec City, we are saying that we do not see ourselves reflected in this Canada, then there is a problem. I think that the government has to realize that.

This bill amends the Bank Act. That should be a whole bill unto itself that we could discuss at length ahead of time. Instead this bill is getting lost among a hodgepodge of other measures that have nothing to do with the budget implementation bill.

We are also going to run into problems with regard to food inspection. I was privileged to be a member of the Standing Committee on Agriculture and Agri-Food for a number of years, including during the crisis that was triggered by an incident at an Ontario company where the food inspection process had failed. Unfortunately, 22 people died of listeriosis. We all remember when that happened in 2008. It sent shock waves across Canada and even around the world, because Canada had always had an excellent reputation when it comes to food inspection. We were affected by this type of problem as well.

At the time, the government wanted the companies to handle food inspection themselves. It was not enough for this government to disregard the recommendations in Ms. Weatherill's report; now it has decided to use this budget implementation bill to reduce the number of inspectors. I think that public health is far more important than any savings that might result from cutting the number of inspectors.

To our great surprise, this has been included in a budget implementation bill. It should be up to the Standing Committee on Health and the Standing Committee on Agriculture and Agri-Food to examine these issues if the government wants to make any changes to food inspection. It has no business hiding them in Bill C-38.

The bill also includes ridiculous things concerning the Governor General, for instance. The Bloc Québécois strongly believes that the Governor General should pay income tax, just like everyone else in Canada. The government simply replied that, from now on, the Governor General would pay taxes. Then it doubled his salary. This has been included in Bill C-38. His salary is being increased from $137,500 tax free to $270,602 and, in the end, the Governor General is going to make more money than he did before. This behaviour is insulting.

This bill also talks about the oil sands. Furthermore, it officially buries the Kyoto protocol. Regarding the oil sands, the budget confirms—as though it needed to—the Conservatives' desire to accelerate the development of the oil sands. For instance, division 1 of part 3 enacts a whole new piece of legislation on environmental protection, whose purpose is to expedite the approval of large projects, particularly those involving oil sands exploitation. Why is this in a budget bill? One has to wonder. It is up to Environment Canada and the Standing Committee on Environment and Sustainable Development to examine these issues.

There are many other measures like that. It is clear that we formally and strongly oppose Bill C-38, as so many people do. This bill needs to be split so these issues can be examined separately.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 10:45 a.m.


See context

NDP

Pat Martin NDP Winnipeg Centre, MB

Madam Speaker, many of my colleagues have pointed out the subterfuge associated with Bill C-38. It is an unprecedented bill in that it goes far beyond any budget implementation bill ever presented in the House of Commons. It seeks to repeal, or change and undermine some 60 or 70 pieces of legislation that are far removed from taxation and spending matters normally found within a federal budget.

One of those pieces of legislation, which I would ask my colleague to comment on, is the federal Fair Wages and Hours of Labour Act. This was put in place to protect the wages and hours of work for non-union construction workers on construction projects. It recognized the vagaries of the construction industry, with a transient workforce, et cetera. Some standardization of wages was beneficial in order to take wages out of competition so that contractors would win jobs based on their productivity and competitiveness, not on their ability to find cheaper and cheaper wages.

By throwing this particular act out the window, with the budget implementation bill, the government is undermining and destabilizing the entire construction industry, the largest single employment sector in the country. How does she think it benefits anyone to drive construction workers' wages down by virtue of eliminating the minimum wage laws?