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 EnvironmentOral Questions

May 4th, 2012 / 11:55 a.m.


See context

NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Madam Speaker, first the government withdrew from Kyoto, and now it is attacking environmental protection measures. The craziest part is that they want the Standing Committee on Finance to study changes to environmental assessment. That is just irresponsible.

Bill C-38 will have a direct impact on approval for major oil projects: they will be accelerated to the detriment of the environment.

Why are the Conservatives cutting the budget debate short rather than asking the Standing Committee on the Environment to study the changes?

Budget ImplementationOral Questions

May 4th, 2012 / 11:25 a.m.


See context

NDP

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

Madam Speaker, if the Conservatives like to approve 425-page bills without reading or analyzing them, where is their rigour?

We know that the devil is in the details, and Bill C-38 has many details that are perplexing, such as amendments to the Bank Act that will infringe on provincial powers. This is not at all acceptable to the Government of Quebec.

Why is the government insisting on interfering in provincial jurisdictions?

Employment InsuranceStatements By Members

May 4th, 2012 / 11:10 a.m.


See context

NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Madam Speaker, with thousands of jobs about to disappear because of the Conservatives' deep cuts, thousands of Canadians will need the social safety net to which they are entitled, employment insurance.

These workers have contributed all their working lives, with the help of their employer and without the help of the government, in order to have some security in difficult times. However, this government is looking for every conceivable way to reduce access to employment insurance, which is already at a record low.

Fewer than four in ten unemployed persons currently have access to employment insurance, even though all workers contribute to the fund. Unwarranted changes to boards of referees, reduced wages for temporary foreign workers, and the outrageous appropriation of the authority to define the notion of suitable employment point to one thing: the Conservatives' professed contempt for the workers of this country and their rights.

The Conservatives must amend Bill C-38 to give Canadians the support they need when they most need it.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 4th, 2012 / 10:35 a.m.


See context

Conservative

Costas Menegakis Conservative Richmond Hill, ON

Madam Speaker, I am delighted to have the opportunity to speak in the House today in support of Bill C-38, the budget implementation act, which speaks to economic action plan 2012, Canada's blueprint for jobs, growth and long-term prosperity.

Economic action plan 2012 is a positive plan that grows our economy today and into the future. It provides support for innovation in research, invests in training and opportunity, families and communities and improves conditions for business investment, while ensuring the long-term sustainability of major social programs.

This is why residents in my riding of Richmond Hill, Ontario, are pleased that the focus of this budget is on creating jobs, not only for today but for the future, within a growing knowledge-based economy. The budget maintains our consistent, responsible approach to managing the economy and building confidence in our future. Indeed, our solid, pragmatic and predictable approach is building certitude and confidence among Canadian business leaders.

I was pleased to read a news release from the Canadian Chamber of Commerce last month. It stated:

Today’s budget presents a plan for economic growth that builds on Canada’s economic and fiscal advantages. The measures announced will help Canadian businesses prosper and compete.

Budget 2012 supports jobs and growth in many facets. It ensures predictability and stability in the employment insurance rate. The extended hiring credit for small business is a great boost for job creators. This initiative will save up to $205 million in payroll costs for small businesses across the country. Employers can receive a credit of up to $1,000 against an increase in their 2012 EI premiums over those paid in 2011.

Firms in my riding like Auto Technique that just opened its doors last fall and Sure Print & Design that hired new employees earlier this year are already benefiting from this initiative. Companies planning to expand into Richmond Hill, like Sabouhi Academy of Art & Design, will all benefit from the one-year extension of the hiring credit for small business. Other Richmond Hill businesses, like Cosmo Music, tell me that initiatives like the hiring tax credit for small business and the children's arts tax credit that we brought in last year help their business to expand, creating new jobs and economic activity.

Economic action plan 2012 charts the course for the future by supporting entrepreneurs, innovators and world-class research. We will do this by increasing funding for research and development by small and medium-sized business, promoting collaboration between the private sector and federal government, refocusing the National Research Council to better help Canadian businesses develop innovative products and services, increasing access to venture capital financing by high growth companies, streamlining the scientific research and experimental development tax incentive program and increasing funding for research and training through partnerships with universities, granting councils and leading research institutions.

We are supporting economic growth by investing $110 million per year into the National Research Council. This will include the doubling of support to small and medium-sized companies through the industrial research assistance program, or as it is commonly known, IRAP. IRAP is a very important program in my riding. It supports innovative companies by helping them to develop technologies and successfully commercialize them in the global marketplace. Many Richmond Hill companies have benefited from IRAP, and I look forward to seeing many more benefits from this added support.

Budget 2012 announces new investments in training to better utilize Canada's workforce and to remove disincentives that may be discouraging workforce participation. This will be done by investing in young people to help them gain tangible skills and experience, connecting older workers to potential employers and enabling more Canadians with disabilities to obtain work experience by introducing changes to the employment insurance program.

Deepening Canada's trade and investment relationships in large and fast-growing export markets around the world is key to creating jobs and growth. Under the leadership of the right hon. Prime Minister, Canada has shown leadership on the world stage by opposing protectionism and trade restrictive measures.

Since 2007, Canada has concluded trade agreements with 10 countries and is in active negotiations with 10 others. Economic action plan 2012 proposes to intensify Canada's pursuit of new investment opportunities, particularly with large, dynamic and fast-growing economies. I look forward to the benefits these new trade agreements will bring to my riding of Richmond Hill and indeed across our beautiful nation of Canada.

Canadians know that our government is delivering more than $60 billion of tax relief to job creating businesses over five fiscal years. Key actions that we have taken to help businesses invest and create much-needed jobs for Canadians include reducing the general corporate tax rate from 22% to 15%, reducing the small business tax rate to 11% and increasing the eligibility for this rate, increasing the lifetime capital gains exemption, eliminating the federal capital tax and better aligning capital cost allowance rates.

As a result of our actions, overall business investment in non-residential construction and machinery and equipment in 2011 exceeded the pre-downturn peak of 2008, and 2012 business investment intentions point to even stronger results.

I know small businesses are looking forward to our continued focus to reduce red tape. Red tape hampers economic activity, and our government remains committed to removing bureaucratic obstacles to the efforts of businesses to create jobs and growth for Canadians.

Budget 2012 proposes additional measures to reduce the tax compliance burden for small businesses and announces a number of administrative improvements by the CRA.

Investing in public infrastructure is another high priority in Richmond Hill.

Economic action plan 2012 proposes a $150 million investment over two years for a community infrastructure improvement fund to support repairs and improvements to existing small public infrastructure facilities on a cost-shared basis. This is good news for our municipal partners.

Let us not forget that it was this government that doubled gas tax funding to municipalities, from $1 billion to $2 billion, and made it permanent so municipalities now would have stable, predictable funding on which they could count. In my riding of Richmond Hill this means $5 million is automatically added to its budget each and every year.

This is great news for all Canadians, as was noted by the Federation of Canadian Municipalities, which said:

Canada's municipal leaders welcome today's commitment by the federal government to continue working with cities and communities to rebuild the local roads, water systems, community centres and public transit that our families, businesses, and economy depend on.

During my pre-budget consultations, improving the efficiency of government spending was the number one recommendation I heard from my residents in Richmond Hill. My constituents and all Canadians know the importance of living within their means, and they expect their government to do the same. That is why our government is committed to managing public finances in a sustainable and responsible manner.

Budget 2012 continues the course toward moving to a balanced budget in the medium term at an appropriate pace as the economy continues to recover from the fragile global economic situation. We are doing this by finding operational efficiencies and achieving greater relevance and effectiveness in government programs and services to better align with the spending priorities of Canadians. We are doing this without cutting transfers to other levels of government. On the contrary, major transfers will grow for the provision of health care, education and social services and to individuals for old age security and children's benefits.

As we have heard, federal support to provinces and territories will reach an all-time high of $59 billion, which is $3 billion more than last year. For Ontario, major transfers in the fiscal year ending 2013 will total $19.3 billion. This is $1.8 billion more than last year and $8.3 billion more than when we took office in 2006.

We remain focused on creating jobs, growth and long-term prosperity. I encourage all members of the House to support the implementation bill, Bill C-38, and Canada's budget 2012.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

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


See context

NDP

Claude Gravelle NDP Nickel Belt, ON

Madam Speaker, first, I will correct two things. I would like to be a member of Nickelback but I prefer to be a member for Nickel Belt. Second, the Premier of Ontario is not my premier. I want nothing to do with him. I want to make that very clear.

What concerns me with the budget bill, Bill C-38, is the raising of the age for OAS from 65 to 67. This will cause many seniors to have to work two years longer. It will cause them to live in poverty. According to the Conservatives' own Parliamentary Budget Officer, OAS is sustainable.

The member talked about health care. I can assure him that the health care in Ontario is not the best and that we need more services. For example, in our hospital in Sudbury, the waiting time for emergency services is 19 hours. Therefore, the Conservatives are not doing enough in cutting health care.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 4th, 2012 / 10:20 a.m.


See context

NDP

Claude Gravelle NDP Nickel Belt, ON

Madam Speaker, I am honoured to speak today to Bill C-38.

I will begin by noting that the bill, according to journalist Don Martin, has everything but the kitchen sink in it, and, believe me, we looked and we found the kitchen sink in Bill C-38.

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

Rather than the proper scrutiny of so many changes by the proper parliamentary committees, we see in Bill C-38 a budget bill that avoids consultation and review by both MPs and Canadians.

I understand why the Conservative government might want to do this. It finds itself on the defensive, plagued by scandal, secrecy and mismanagement. Instead of focusing on jobs, as promised, the Prime Minister is attacking pensions, cutting health care and gutting environmental protection.

Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, was introduced in the House last week. The bill would implement certain budget provisions, it is true—for example, the controversial changes to old age security—but the reference to “and other measures” has to be one of the all-time parliamentary understatements.

The bill has more than 420 pages, some 60 acts are amended, another six are repealed and three more are added. The Canadian Environmental Assessment Act is completely rewritten. This is far more than a budget bill that deals with taxes and spending.

There are sweeping changes here to policy across a number of fields, from immigration where, among other changes, it erases with the stroke of a pen the entire backlog of applications under the skilled workers program, to telecommunications, opening the door to foreign ownership, to land codes on native reservations and more.

I have just completed an assignment as natural resources critic for my party and remain on the natural resources committee. It is obvious to me, from the studies we have done there on pipelines, refineries and northern resources, that the changes the government wants on reviews are the most extraordinary chapters in the bill.

The new bill gives cabinet broader powers to override decisions of the National Energy Board, shortens the list of protected species and abolishes the Kyoto Protocol Implementation Act, among other measures.

We must remember that we have just tabled in this House the 2011 National Energy Board annual report citing more problems related to accidents and an increased volume of projects that it must review. The government should decide to resource the National Energy Board to do its job better. Instead, it wants to have a veto to manage an end run around those proper and comprehensive reviews that not only should look at bigger and longer-term consequences from these natural resources projects but also assess impacts on future generations.

Our natural resources committee needs to call witnesses and look closely at this proposal. This does not belong to the finance committee, hiding in a budget bill. Frankly, this is an insult to Parliament and to the committee system that we have. How can one committee, in this case finance, properly examine all of these diverse measures, especially in the time allotted to them?

It is clear why the government is doing this. While it claims to be fine managers of the economy, the evidence says otherwise. First, there was the lavish night at the Savoy and the $16 orange juice, and now we learn about $600,000 just in overtime for the Conservatives' chauffeur-driven limos. The Conservatives are slashing vital services like food inspection and border services while blowing hundreds of thousands of taxpayer dollars on their outrageous sense of entitlement.

How can the Conservatives tell Canadians to sacrifice food safety and border inspections while they continue to live the high life? The government has lost all credibility when it comes to accountability.

The Conservatives have claimed that their budget is about job creation. However, even they admit that it will lead to 19,200 lost jobs in the public service. The Parliamentary Budget Officer, the same one appointed by the Conservative government, has estimated that the budget will cost 43,000 Canadians their jobs. When combined with previous rounds of cuts, this number is 102,000 lost jobs.

I could be on my feet all day and night to say what is wrong with these proposed changes to the law. The very worst change is raising the age of eligibility for OAS-GIS from 65 to 67, when many experts, including the Parliamentary Budget Officer, have confirmed that the OAS program is sustainable. Yet the Conservatives want to balance the budget on the backs of seniors.

There are some additional measures that will once again reduce the government's transparency and responsibility in the area of health. Bill C-38 weakens the reporting requirements of the Canadian Institutes of Health Research by eliminating all of the requirements regarding the publication of annual reports and analyses by the Auditor General.

Under the pretense of a change designed to reduce the administrative burden and make the approval process more efficient, Bill C-38 amends the Food and Drugs Act in such as way as to give the Minister of Health the authority to establish a list of products that are exempt from the regulatory process. The bill also gives the minister the authority to issue marketing authorizations to exempt a product or the advertising of a product from certain provisions of the law. These measures will give the minster more authority and will reduce regulatory oversight.

With regard to jobs, Bill C-38 repeals the Fair Wages and Hours of Labour Act, which was created in the 1930s to set wage standards and a minimum number of hours of work for construction workers hired for projects funded by the federal government. In practice, the elimination of these minimum standards will allow employers to get around the rates set by unions.

Bill C-38 also amends the Employment Equity Act so that it no longer applies to federal contracts. This is a direct attack on women, aboriginal people and visible minorities. In fact, it was recommended 10 years ago that the employment equity provisions for the federal contractors program be strengthened. Instead, this government is weakening these provisions.

We need to be real on the loss of jobs. The Canadian Centre for Policy Alternatives stated, “In total, federal spending cuts could lead to the elimination of over 70,000 full-time equivalent positions”. These are not only public sector losses; about half of these jobs will be lost in the private sector.

Canadians want real action on the economy. In the fall, the New Democrats tabled a motion that called on the government to take immediate action to grow our economy and create jobs. The Conservatives supported the motion, but the budget does not fit the bill. Instead, it focuses on slashing vital services and gutting environmental regulations.

The New Democrats are focused on addressing the real priorities of Canadian families: jobs, health care, pensions and protecting our environment. The New Democrats have a plan that will improve health services for all Canadians, reward the real job creators, strengthen benefits for seniors and take actions to fight climate change.

I will close by saying that this bill is a massive omnibus bill that goes far beyond the budget. Bill C-38 would enact numerous changes that will limit the ability of Canadians and MPs to hold the government accountable. The Conservatives are trying to ram previously unannounced measures through Parliament without allowing Canadians and their MPs to thoroughly examine it. This is not democracy in action.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

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


See context

Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

Madam Speaker, the member will know that Canada's participation in the Kyoto accord was very strongly debated in the last federal election. Our government and my party made our position very clear. Bill C-38 is following through on that promise, as it is on many of the other promises that were made in our platform last year.

There are many mechanisms for reporting Canada's improving record in the reduction of greenhouse gases, one that was woefully inadequate under the previous Liberal government, as she well knows. She will know of recent reports which show that Canada is doing very well in reducing its greenhouse gas emissions. There are many ways in which that will be reported to the UN and other agencies.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

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


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I would like to make a comment and ask the Parliamentary Secretary to the Minister of Foreign Affairs a question.

My comment is that quite often in this debate on Bill C-38 government representatives talk about budget 2012 and confuse it with the bill before us now, which is implementing parts of budget 2012 and a great many other measures that were not part of the budget.

In relation to foreign affairs, I would like to ask the hon. member about the retreat from federal activities under the Kyoto protocol and the repeal of the Kyoto Protocol Implementation Act. Was it considered that it might have been preferable to amend the act to allow reporting requirements to continue, as some reporting will be still be required under the United Nations Framework Convention on Climate Change?

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 4th, 2012 / 10:05 a.m.


See context

Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Foreign Affairs

Madam Speaker, I am pleased to rise today in support of our government's bold and responsible economic action plan 2012 and, in particular, Bill C-38, also known as the jobs, growth and long-term prosperity act.

Budget 2012 sets out a prudent and long-term plan to ensure the future prosperity, health and retirement security of all Canadians. I would like to take this opportunity to highlight a few of the many provisions of budget 2012 which are particularly important to the people I represent in the city of Mississauga.

While budget 2012 includes dozens of important new measures to create jobs and growth and ensure long-term prosperity, the budget is also remarkable for what it does not do. What it does not do is raise taxes. Unlike the budgets of many of our largest trading partners, such as the United Kingdom, our government is not raising taxes on hard-working Canadian families, seniors and job creators. We are, in fact, keeping taxes on individuals and job creators to the lowest levels in over 50 years.

Not many years ago, Canada had the unenviable reputation of having some of the highest personal income tax and business tax rates in the industrialized world. Those punishing rates of taxation had the effect of driving business investment and jobs out of Canada and penalizing workers and families.

Since 2006, our government has reduced taxes through measures such as the GST by 2%, targeted tax relief for families, workers and small business people, and introduced income splitting for seniors. By reducing the federal corporate tax rate to 15%, we have made Canada a very attractive place to invest and create jobs. This rate compare favourably to business tax rates in the United States and Europe.

Through these measures, we have reduced the federal tax burden on the average family by $3,100 each and every year. The money saved through these tax reductions is providing Canadians with more choice, enabling them to save more for their children's education and their own retirement, and to care for their families and pursue their dreams.

Our government is committed to keeping taxes low. We know that the world is an increasingly competitive place in which to create jobs and conduct business. In addition to keeping taxes low and ensuring that our workers have the best education and skills, our government understands that in order to succeed, Canadian businesses need to innovate.

Mississauga is home to some of the most technologically advanced and innovative companies in the world. Our government has made significant investments in the University of Toronto, Mississauga campus, and the new Mississauga campus of Sheridan College, through the infrastructure stimulus fund. These investments will ensure that our young people and older workers have the knowledge and skills to create the world-leading technologies, services and innovations of the future.

I am pleased to see that, through budget 2012, the government is taking further action to support innovation in Canada. For example, we are providing $400 million to increase private sector investments in early-stage risk capital and to support the creation of large-scale venture capital funds led by the private sector.

We are providing an additional $100 million to the Business Development Bank of Canada to support its venture capital activities; an additional $110 million to the National Research Council to double support to companies through the industrial research assistance program; $95 million over three years and $40 million per year thereafter to make the Canadian innovation commercialization program permanent; $37 million to the granting councils to enhance their support for industry and academic research partnerships; and $500 million over five years to the Canada Foundation for Innovation to support advanced research infrastructure. These measures will help to foster scientific research, innovation and commercialization.

Our government also understands that most Canadian jobs are created by small and medium-sized enterprises. These businesses are nimble and efficient. They employ millions of young and new Canadians in places like Mississauga.

In addition to reducing small business tax rates to the lowest levels in decades, our government is continuing to support small business in budget 2012, by investing $205 million to extend the hiring credit for small business to help small businesses defray the costs of hiring new workers.

The budget also provides an additional $50 million over two years to the youth employment strategy to assist more young people in gaining tangible skills and experience. Last year alone, this investment helped 70,000 Canadian youth gain valuable work experience and skills training.

One of the most intractable issues for new Canadians is the struggle to have their foreign credentials and work experience recognized in Canada. Our government tackled this issue in 2009 by providing funding to develop the pan-Canadian framework for the assessment and recognition of foreign qualifications. Budget 2012 identifies six more occupations including physicians, dentists, engineering technicians, licensed practical nurses, medical radiation technologists and teachers for inclusion in this process. This process would allow many more foreign-trained doctors to qualify to practise medicine and begin to care for the tens of thousands of Canadians who are searching for a family doctor. I am proud that our government is making real progress on this issue.

Our government has made historic and unprecedented investments in Canadian infrastructure under the building Canada fund, the permanent municipal gas tax fund and the infrastructure stimulus fund. Mississauga has received substantial funding of important infrastructure projects under these funds. Budget 2012 would additionally provide $150 million over two years for a new community infrastructure improvement fund to support repairs and improvements to existing community facilities and $105 million to support VIA Rail Canada's operations and capital projects. People in Mississauga will benefit greatly from the creation of Canada's first national near-urban park in the Rouge Valley in the GTA.

We are all aware of the global concerns regarding the size of sovereign national debts and relative national fiscal capacity. We have witnessed the turmoil in Greece and draconian measures required in many European countries to put their fiscal houses in order. Canadians know that our economic and fiscal fundamentals are relatively strong. They also understand that governments, like households and businesses, must balance the books. That is why our government is committed to returning to balanced budgets at an appropriate rate as the economy continues to recover from the global economic crisis. Our government is not reducing transfers to persons, including those to seniors, children and the unemployed or transfers to other levels of government in support of health care and social services. In my view, the modest reductions in operating expenses set out in the budget are necessary, reasonable and responsible.

As members know, politicians and governments are continually criticized for short-term, myopic thinking. Canadians want us as legislators to foresee future problems and devise plans to protect our prosperity against the negative impact of those long-term liabilities. In budget 2012, our government is looking more than 10 years down the road and putting in place today pragmatic measures to protect the retirement benefits of future generations. These are not easy decisions to make but they are prudent and, in my view, they are the right decisions for Canada. Budget 2012 charts a bold, visionary and safe course for our nation's future. It is the right plan for the people of Mississauga and it is the right plan for Canada.

For all of these reasons, I urge all of my hon. colleagues in this chamber to support Bill C-38.

The House resumed from May 3 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 3rd, 2012 / 5:45 p.m.


See context

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I am rising today to speak to Bill C-38. We New Democrats oppose the bill for content and process. I will get into both of those themes during my deliberations this afternoon.

I would like to carry on with a little discussion with regard to the Great Lakes. People in Windsor live along the Detroit River. There has been a lack of action by the government on the Great Lakes despite the U.S. Obama administration addressing some of the issues. The Americans recently made a $500 million investment into the Great Lakes, and in the budget prior to this one, put $800 million into it. In fact, because so little was put into our Great Lakes system, the fake lake in Muskoka got more per capita contribution than any of the Great Lakes did.

That is important, because we are deficient not only in terms of environmental practices but also in services. We do not have some recovery services for men and women in distress on the Great Lakes. Our Coast Guards do a very good job of responding when they can, but at the Ambassador Bridge, for example, there is no recovery immediately available there when work is being done, and something needs to be done about that in case somebody falls off, a worker in particular. We had another death recently when a worker fell off into the Detroit River.

I want to move toward some of the content of the cuts that are taking place with regard to the budget. I will start with the OAS and the GIS, and in particular the raising of the age from 65 to 67.

Just so the public is aware, individuals have to apply for the GIS, the guaranteed income supplement. It is not automatically provided, so if people do not know this—and we deal with this situation all the time—they would not automatically receive that additional supplement. I would encourage the viewing audience out there to look at their pensions and, if they are past the age of 65, to inquire of their members of Parliament as to whether they are eligible for the GIS. It is a very important supplement that does not always get moved through to them.

Similar to that is the disability tax credit. If people do not actually apply for it, they will not get it. Both the GIS and the disability tax credit could be retroactive. It is important to know that, and people should contact their local members of Parliament.

A number of years ago I had the opportunity to go across this country on what was called the seniors charter of rights. It was a motion that was put forth to this House for a number of years, and it built up enough support over that time that it was eventually carried by another member, the member for Hamilton Mountain. The motion was then passed, but sadly, this has not been brought to fruition.

Many of the elements of the seniors charter of rights called for increasing the government's contributions to the pensions. It noted that we had to look at this issue because many seniors were in poverty. It called for housing as an adequate strategy to deal with poverty and issues like that, and for more inclusion in society by making sure that seniors were not left out of government policy. It even looked at a seniors minister as a potential solution to making sure seniors' voices would be heard as the demographics of the aged increased. As well, there were provisions related to pharmaceutical and other costs that we identified.

We heard quite clearly across Canada that seniors were very concerned about all of these issues, and never would I have imagined at that time that the government would be looking at increasing its date for acquisition of benefits.

The Parliamentary Budget Officer and other experts have noted that we are not in a crisis with regard to that issue. With proper prudent fiscal management, we will be fine.

Second, we are opposed to a corporate tax cut. Right now, a corporate tax cut basically goes to the corporation. There is no guarantee it will actually be spent in Canada. In fact, some corporations are taxed on worldwide profits, so Canada does not actually benefit from some of the taxation on those corporations that takes place in other countries.

We still have continuation of subsidies to the oil patch. That is unacceptable and should be stricken right away. As well, the OAS and the GIS supplements, in the vast majority of cases and unless individuals leave the country with the money, are generally spent in the country, providing a multiplier effect much higher than the corporate tax cut.

I know it has been argued many times that the corporate tax cut is a job creation strategy; it is not. It could be used as one of several tools to try to spur investment, but the reality is that it has not. It is actually counter to what has been happening in the manufacturing sector. Over the years that the Conservatives have been reducing corporate taxes since coming to power in February 2006, we have lost around 365,000 manufacturing jobs. That is shocking.

It is shocking because it also speaks to the Conservative trade policy, which has failed this nation significantly and continues to do so. I especially want to note the auto industry. What we have seen, counter to that, is higher corporate taxes in U.S. states, as well as higher federal taxes, and the United States has been growing its manufacturing jobs. The Obama administration has a job strategy to win back jobs, including jobs from Canada, and we have done nothing on that.

The auto industry was again ignored in this budget. The automobile is the number one value-added item traded throughout the world. Sadly, the government is looking at some trade agreements that actually threaten the auto industry. I would note, on the Canada-European trade agreement, that right now the EU has a $20 to $1 trade surplus with us, so they are dumping autos into Canada.

South Korea has a potential trade agreement. South Korea sells literally hundreds of thousands of vehicles in Canada, and we barely sell any at all—maybe 50, I am told—in South Korea. They have tariff and non-tariff barriers. We also have the potential of a Japan agreement, where again we cannot enter their market.

Japan, Korea and Germany have state-supported auto industries. They are actually involved in crafting policy, providing resources and making sure the jobs are going to stay local. Some of these countries actually have shares in the companies.

The government originally ran away from the auto bailout, the auto loans that were needed. Thank goodness for the public pressure to reverse that decision. Now we have success, but it is still very fragile. The auto industry is very fragile right now.

I would point out the government's lack of interest in the auto industry and the fact that the Canadian Automotive Partnership Council has not met in years. Only the executive has met. There have been very few meetings, and they have not been very robust. It is very unfortunate, because that model brings in the suppliers, the auto workers, the companies, the tool and die mold makers and the dealerships. They crafted a plan that provided a benchmark system to cherry-pick the top items we could actually work on to create a robust auto strategy.

The government's response to the Bush administration's $25 billion auto and energy act was basically a $250 million fund over five years, which is virtually an empty tank right now. That is a big problem.

I do want to talk a little bit about process, as much of that legislation did not come to the chamber. One of those pieces of legislation is a shiprider program. A shiprider program is going to allow United States officers to participate and actually arrest and detain Canadian citizens. That is actually not going to go to committee. A similar bill went to the Senate. It was very extreme. It did not distinguish the new teams. We do not have the details on it. It is sad.

Right now 1,100 jobs at CBSA are being affected through the cuts that are taking place. It is $143 million cut from our Canada Border Services Agency. We are now going to be doing more work with less resources. It involves the investigators, who take drug smuggling, child pornography, human smuggling and all those things very seriously.

The government is actually cutting 25% of the dog teams; 19 dog teams are being eliminated. They cost $100,000 for the investment in training for the human and the animal. Those are going to be sunsetted. That is unfortunate, because they are very specific and get the things that got past the original set of border officers.

It is very important that those positions remain. By allowing this to happen, we are certainly going to see more guns on the streets and more drugs on the streets, and organized crime will benefit. It is terribly unfortunate, because the evidence is there.

The government is cutting a number of the investigators who work with U.S. and other officials to break these cases open. They are undercover, in many respects. They are going to be affected as well.

As I conclude here, it is rather unfortunate that this is taking place, because t is not acceptable for Canadians.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 3rd, 2012 / 5:25 p.m.


See context

NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, I would like to thank the hon. member for that information.

Bill C-38 contains many provisions, in particular, division 49 of part 4.

Why eliminate the First Nations Statistical Institute? By doing so, I believe the government is eliminating an independent source of statistics on first nations. In my riding of Joliette, there is the Manawan Atikamekw community.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 3rd, 2012 / 5:15 p.m.


See context

NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, this gives me another chance to talk about my riding.

The community of Kanesatake in my riding is concerned about the consultation that is being done with first nations when it comes to a wide variety of things, but especially the environment. Bill C-38 would cut back on the community's ability to be consulted with respect to its concerns on environmental issues.

I would remind the member that Kanesatake is on the St. Lawrence River near the Ottawa River and on Lac-des-Deux-Montagnes. Those waterways have wide implications for federal waters and things like that, yet up until now there has not been enough consultation and not enough has been done to protect those waterways. Now the people who really care about them will not be consulted as much.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 3rd, 2012 / 5:10 p.m.


See context

NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I would like to quote my colleague from Hamilton.

My colleague from Hamilton just said that if the government were so proud of it, why did it not send it to the industry committee?

I live in Saint-Augustin-de-Mirabel, and I spend a lot of time talking to the people of Mirabel. The issue that the people of Mirabel are most concerned about is the environment. In fact, at least one-third of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, is about environmental deregulation. The government is implementing everything it said it would and more. My constituents had already completely lost faith in the government for attacking the environment, doing nothing and withdrawing from the Kyoto protocol. Now things are even worse.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 3rd, 2012 / 5 p.m.


See context

NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I rise in this House today to oppose both the form and the substance of Bill C-38.

This bill is a jumble of dangerous legislation rolled up into an omnibus bill. In the time allotted to me, it will be impossible to identify the multitude of problems this bill contains, but I will nonetheless try to address as many of them as possible, because these legislative changes will hit my constituents in d'Argenteuil—Papineau—Mirabel hard.

Among other things, this bill raises the eligibility age for old age security and guaranteed income supplement benefits; repeals the Kyoto Protocol Implementation Act; weakens the environmental assessment system and the measures to protect fish habitats, to expedite approval of large projects; changes the definition of interested parties, to narrow the scope of public participation in the environmental decision-making process; eliminates the Auditor General’s oversight of a number of agencies; repeals the Fair Wages and Hours of Work Act, which will allow employers to circumvent the wage rates set by unions for construction workers hired on projects funded by the federal government; amends the Employment Equity Act so it does not apply to federal contracts, which is a direct attack on women, aboriginal people, persons with a disability and visible minorities; and amends the Seeds Act so that private businesses can then be allowed to perform food inspections.

This bill does a lot of other things, but these aspects in particular are really going to hurt my constituents in Argenteuil—Papineau—Mirabel.

I want to talk in greater detail about the fact that Bill C-38 repeals the Fair Wages and Hours of Work Act. That act has protected construction workers who work on federal projects since 1930. It guarantees them reasonable hours and a decent wage. But the government is now attacking these workers and their fair and equitable wages. Without that protection, we will be going back to the standards that were in effect in the 1930s.

As well, the Employment Equity Act will no longer apply to federal contracts. The role of that law is to protect the rights of women, minorities, aboriginal people and persons with a disability. Even with that legislation, those groups continued to suffer discrimination. And now, the government wants to take away what little protection there is.

I very much hope for the day when we live in a world where that act is no longer needed, but that is absolutely not the case. In 2002, in fact, it was recommended that this House strengthen the act, not narrow its reach.

These changes to the rules governing government subcontractors can be based in nothing other than the Conservative ideology that wants to demolish Canadians’ rights by allowing discrimination and unfair wages.

The federal government should be an exemplary employer. How can Canadians trust a government that attacks the rights of workers and its subcontractors when it comes time to protect them from the abuses of faceless megacorporations?

The current government loses on all fronts when it attacks its own employees and does nothing to protect others from brutal layoffs by companies chasing huge profits overseas.

This omnibus bill is not only dangerous for our institutions and for workers, but it also attacks the health and safety of all Canadians. Environmental deregulation and cuts to food safety are similar in their impact and, accordingly, the entire food production chain will be affected.

With environmental deregulation, we will no longer be able to protect our air, our water and our soil. Opening the door to privatizing the Canadian Food Inspection Agency will open the door to having seed inspections done by a subcontractor. That means less control and less information for the government, which could always deny knowing anything if things go wrong. This could also apply to food inspection. The government keeps offloading its responsibilities.

Ultimately, this deregulation and whittling away of checks and balances could have an effect on the health of Canadians. What is more, the government is weakening transparency and responsibility within government in the area of health.

This bill is bad for the Canadians in my riding. From Oka to Montpellier, Canadians want environmental regulations that protect them. From Mirabel to Ripon, farmers want to be able to count on the government to have regulations and inspections that are solid, fair and meaningful. From Morin Heights to Thurso, Canadians are fed up with this government, which has shamed us by withdrawing from the Kyoto protocol and is now waging a full-blown war on all the sectors of government that are responsible for providing a healthy environment for all Quebeckers and Canadians.

And just when we thought that the government could not stoop any lower, in the same bill it is attacking pensions by raising the retirement age from 65 to 67. As elected representatives, we cannot reduce the deficit by stealing Canadians' pensions. The OAS and the GIS are crucial to our public system because they help to fight poverty. The Conservatives are stealing two years of Canadians' pensions for reasons that do not make sense. There is no old age security funding crisis in Canada.

The government's most recent actuarial report indicates that the OAS and the GIS accounted for 2.37% of GDP last year, in 2011. This percentage will rise modestly to 3.16% in 2030, but will then fall below the current level to 2.35% of GDP in 2060. Clearly, there is no problem with long-term viability, and yet the Conservatives are trying to fool us by saying that these changes are intended to ensure the long-term viability of the program. However, these programs are efficient and economically sound, and the government's statements are unfounded.

In closing, the Conservatives are claiming that this budget focuses on job creation. In reality, however, a third of this bill is dedicated to scrapping regulations that protect the environment. Moreover, the Parliamentary Budget Officer has indicated that the legislation will result in the loss of 43,000 Canadian jobs. And on top of all that, we are going to have to vote on a bill without having an opportunity to engage in a proper debate on it.

I would like to draw the House's attention to what Hélène Buzzetti wrote in Le Devoir on April 27:

Yesterday the Conservative government introduced a mammoth budget implementation bill.... Everything will be examined as quickly as possible by a committee that specializes in finance.

Each of these issues could have been dealt with in a separate bill and analyzed by the appropriate parliamentary committee. Instead, the government lumped them all together in one document that will be studied all at once...

A mammoth bill, that is what the media is calling it. I would remind the Conservatives that the mammoth is an extinct species. I hope the members across the floor realize that this omnibus bill should suffer the same fate and die when it comes time to vote.