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.

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.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 3rd, 2012 / 4:55 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank my hon. friend for her presentation. I hope she will forgive me for using this as a moment for a comment.

I have been subjected to speeches on Bill C-38. A number of claims have been made by government members. Having read the bill, a number of the things that have been said are simply not in the legislation.

For example, it is not required in the legislation that the Minister of the Environment be satisfied the provincial process is equivalent before a substitution occurs. The language is completely discretionary, and merely says the minister must decide it is an appropriate substitution. “Appropriate” is not defined. Then there is a mandatory duty on the federal minister to turn the project over to a province if the province requests it.

Tanker safety regulations are not put forward anywhere in Bill C-38. That may be something they intend to do, but it is certainly not in Bill C-38.

Bill C-38 is not a budget bill, it is the decimation of environmental laws.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 3rd, 2012 / 4:45 p.m.


See context

NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, journalists at Le Devoir are calling this bill a “mammoth”. I would go even further and say that it is a horse, it is an airplane, it is a brick. We can call it all sorts of things.

It is illegal for companies or individuals to use computer viruses—so-called Trojan horses—to install software on computers when users want nothing to do with it. This is exactly what the Conservative government has decided to do. It has transformed its budget implementation bill into a Trojan horse and opened up the Canadian telecommunications market to foreign companies while Canadians are worrying about their old age security and their shattered retirement dreams.

Quite frankly, the government has buried enough legislation in Bill C-38 to block a whole server.

Why has the industry minister decided to bury his amendments to the Telecommunications Act in the budget implementation bill rather than sending them to the Standing Committee on Industry, Science and Technology?

In March, the government announced rules for an auction that would have a significant impact on this country's digital future and its economy. We had a unique opportunity to promote competition in the wireless telecommunications market and ensure that all Canadians, including those living in remote regions, can participate in the digital economy of the 21st century. The government missed the mark.

Auctions for the radio frequencies used by our old analog televisions will allow the telecommunications companies that buy them to set up next generation wireless networks.

The promise made to the people of LaSalle—Émard and every other Canadian was that they will soon have access to much faster wireless networks. Far too many Canadians who live in remote regions still do not have access to high-speed Internet. For them, we had the opportunity to increase access to broadband Internet and to fully include them in the digital economy. The government had the opportunity to bridge the ever-growing digital gap that is currently dividing Canada in two: on the one hand, urban Canada, which is connected to high-speed wireless networks, and on the other hand, the regions, which are connected, but at speeds that are much slower than those available elsewhere in our country.

The promise was that we could correct the imbalance between urban and rural areas and promote competition in the industry in order to lower costs for consumers. The Government of Canada failed to keep that promise.

The proposed amendments to the Telecommunications Act contained in Bill C-38 will allow foreign telecommunications companies to operate in Canada if they have less than a 10% share of the Canadian market. These foreign companies will not be able to increase their share of the Canadian market through acquisitions, that is by purchasing rival companies, something that Canadian companies can do.

We therefore find ourselves in a situation where telecommunications companies in Canada will compete under rules that do not apply equally to everyone. Canadian companies will have one set of rules; foreign companies will have another. Here in Canada, we are used to arguing about hockey or soccer games, where everyone plays by the same rules. However, that is not the approach used by this government. We already knew that.

Many Canadian telecommunications companies have concerns about these developments. Ironically, the company that stood to gain the most from these changes immediately responded that it would boycott the auction.

The government was not transparent with Canadians, who have the same questions we do.

Will the government stand by its decision to open only part of the Canadian market to foreign companies? Are these changes simply the first step in a process that goes much further?

Does the government plan to continue to gradually lift restrictions on foreign companies' participation in the Canadian telecommunications market?

Will this government try to take advantage of the fact that it has created a two-tiered market with different rules for different players in order to completely open the Canadian telecommunications market to foreign competition?

The reality is that we have no way of knowing. Canadian are still waiting for the Minister of Industry to reveal his strategy for the digital economy. An initiative was launched two years ago, almost to the day. Then it was radio silence. The government's approach is hard to follow. It is behaving like a CEO without a business plan. It decides to hire staff without knowing what positions need to be filled. It launches a new product without knowing if it has any clients or if people are even interested in the product.

It is as though the government decided to sell off its most beautiful beachfront property without telling shareholders whether it wants contractors to build condos, houses, apartments, hotels or businesses. CEOs who do not have a business plan do not get very far, as we know.

The fact that the industry minister has decided to push through his amendments to the Telecommunications Act by including them in a budget implementation bill, where they will be all be debated together over a very short period of time and along with a heap of other bills, only adds to the sense that the government is just making things up as it goes along.

Resorting to a catch-all omnibus bill gives the impression that the government is like a tired chess player who is improvising with every move. It is playing a game without having a plan. We feel that the government introduces legislation first and asks questions later.

These amendments to the Telecommunications Act should have gone to the Standing Committee on Industry, Science and Technology for in-depth study by parliamentarians from the opposition parties. This is a fundamental breach of democracy.

Is the industry minister afraid that the Standing Committee on Industry, Science and Technology might discover that the changes to the act will not really promote competition in the Canadian wireless market?

Is the government afraid of hearing experts and even some of its own partners say that the proposed changes will not bridge the ever-widening gap between rural Canada and connected Canada?

Is the government afraid of hearing from wireless network operators that are dissatisfied with the auction rules that have been announced?

The lifting of foreign ownership requirements and the piecemeal approach to regulation the government is offering are not going to solve the problem of the digital economy. What Canada needs is a plan, a digital strategy. Canadians have already been waiting too long. We need a comprehensive approach to ensure competitive prices in the telecommunications industry, an approach that takes into account the needs of telecommunications operators, consumers and urban and rural Canadians. Rather than choosing dialogue and involving opposition parties in the legislation process, the government has chosen to ride the Trojan horse to hide changes to the Telecommunications Act from the scrutiny of Parliament and the industry committee. That is undemocratic and unacceptable.

Once again, I urge the industry minister to send the amendments to the Telecommunications Act for study by the appropriate committee and the opposition parties. We have a unique opportunity to bridge the digital divide and build next generation wireless networks to ensure the sustainability of Canada's digital economy, so that no one is left behind.

Let us not squander this important opportunity. Let us work together.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 3rd, 2012 / 4:05 p.m.


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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, this is a profoundly sad time for Canada. The government is gutting 50 years of environmental oversight and threatening the health and safety of Canadians, our communities, our economy and our livelihoods.

We need to be very clear that when the government came to power it inherited a legacy of balanced budgets but soon plunged us into deficit before the recession ever hit. It is absolutely negligent and shameful that the government would gut environmental safeguards to fast track development rather than promote sustainable development, development that meets the needs of today without compromising those of the future.

The government did not campaign in the last election on gutting environmental protection. Canadians should, therefore, rise up, have their voices heard and stop the Prime Minister's destruction of laws that protect the environment and the health and safety of Canadians. In fact, Maurice Strong, a prominent Canadian who spearheaded the Rio Earth Summit in 1992, just this week urged people who are concerned about the future of the environment to do an end run around the federal government. He urged grassroots groups to mobilize and make full use of social media, saying that there was still some time to bring the pressure of people power.

Instead of understanding the gravity of the situation and standing up for the environment, the Conservative government returns to tired talking points and trying to score political points by attacking the former Liberal leader, saying that the Liberals took no action on climate change, when it knows that is absolutely false. The Liberals implemented project green, which would have taken us 80% of the way to meeting our Kyoto targets. The Conservatives killed project green, reduced our greenhouse gas emissions target by an astonishing 90%, walked away from Kyoto, having just repealed the Kyoto Protocol Implementation Act and continue to ignore the fact that failing to take action on climate change will cost Canadians $21 billion to $43 billion annually by 2050.

Maurice Strong says that the government may be totally negative when it comes to being a constructive force in mitigating climate change. For example, the Parliamentary Secretary to the Minister of the Environment continues to rail against Kyoto. Is she aware, however, that her own minister has, for the second time, said that Kyoto was a good idea in its time? He first said it to The Huffington Post and has now said it to the BBC.

Norway's former prime minister, former chair of the World Commission on Environment and Development and former director general of the World Health Organization, Dr. Gro Harlem Brundtland, recently said that Canada was moving backward on the issue of climate change and warned Canada not to be naive on the issue. She recently told delegates in Canada that despite the weaknesses of the Kyoto protocol, the world could not afford to push it aside without an alternative, as emissions are continually rising. When questioned about the link between human activity and climate change, she said, “Politicians and others that question the science, that’s not the right thing to do. We have to base ourselves on evidence”.

While the Conservative government claims a balanced approach to protecting the environment and promoting economic growth, when has the parliamentary secretary or the minister actually ever stood up for the environment? Was it through cuts to Environment Canada, cuts to the Canadian Environmental Assessment Agency or cuts to ozone monitoring? The list of cuts goes on and on.

Canadians should not be fooled by mere snippets of environmental protection but should in fact pay attention to the government's reducing budgets at Environment Canada and other investments on environmental protection and research by hundreds of millions of dollars while maintaining several tax incentives for the oil and gas sector that the Minister of Finance's department recommended eliminating in a secret memo.

After we vote against this kitchen sink budget, a budget that devotes 150 pages of a 400-page budget to environmental gutting, the Conservative government will stand up and say that the opposition voted against some good things for the environment. However, the government gives us absolutely no choice, as we simply cannot vote for the wholesale destruction of environmental legislation and 50 years of safeguards.

If the parliamentary secretary, the Minister of the Environment and the Minister of Natural Resources really believe that Bill C-38, the kitchen sink bill, is good for the environment, they should have the courage to hive off the sections on environmental protection and send them to the relevant committees for clause by clause study under public scrutiny, and end their affront to democracy.

I have a list of cuts to Environment Canada and just some of the changes on the environment to be found in Bill C-38. There are cuts of 200 positions at Environment Canada. Last summer the government announced cuts of 700 positions and a 43% cut to the Canadian Environmental Assessment Agency. There are cuts to research and monitoring initiatives, air pollution, industrial emissions, water quality, waste water and partnerships for a greener economy, cuts of $3.8 million for emergency disaster response, and consolidating the unit that responds to oil spill emergencies in central Canada, namely Gatineau and Montreal, far from where emergencies, including those involving diluted bitumen, might occur on the Pacific and Atlantic coasts and along the proposed route of the northern gateway pipeline project.

The government has repealed the Kyoto Protocol Implementation Act. It has repealed the Canadian Environmental Assessment Act, which allows the federal government to avoid environmental reviews of many potentially harmful projects and to do less comprehensive reviews where they still occur.

Canada's environment commissioner says that the changes are among the most significant policy development in 30 or 40 years and that there will be a significant narrowing of public participation.

While the Minister of Natural Resources complains:

...our inefficient, duplicative and unpredictable regulatory system is an impediment. It is complex, slow-moving and wasteful. It subjects major projects to unpredictable and potentially endless delays.

Premier Jean Charest says:

In Quebec, we've very well mastered the ability of doing joint assessments. ... I have learned, through my experiences, that trying to short circuit to reduce the process will only make it longer, and it is better to have a rigorous, solid process. It gives a better outcome, and for those who are promoting projects, it will give them more predictability than if not.

There are more changes: the weakening of several environmental laws, including species at risk and water; the near-elimination of fish habitat in the Fisheries Act, putting species from coast to coast to coast at increased risk of habitat flaws and population decline; the authority of the federal cabinet to approve new pipeline projects above the National Energy Board; and the elimination of the National Round Table on the Environment and the Economy, the independent think tank with a direct mandate from Parliament. The minister has never said what will replace it. The head of NRT does not know either, as what it does is unique. As well, we see the silencing of government critics through changes to the Canada Revenue Agency and the attempts to seize control of the university research agenda.

The government should be able to stand on its own merits. It should be able to withstand criticism. Instead of making its arguments, it is just looking to eliminate dissent.

For decades, Canadians have depended on the federal government to safeguard our families and nature from pollution, toxic contamination and other environmental problems through a safety net of environmental laws. This bill shreds this environmental safety net to fast-track development at the expense of all Canadians.

Instead, the government could have implemented my Motions Nos. 322, 323 and 325, which focused on Canada's commitment to sustainable development, recognizing that it was not a choice between saving the economy and the environment and, therefore, working with the provinces, territories and stakeholders to develop a green economy strategy and a national sustainable energy strategy to build the jobs of the future for our communities and for Canada.

When we compromise the air, water, soil and a variety of life, we steal from the endless future to serve the fleeting present.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 3rd, 2012 / 3:50 p.m.


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Liberal

Irwin Cotler Liberal Mount Royal, QC

Mr. Speaker, I am pleased to rise to address Bill C-38 on behalf of my constituents in Mount Royal.

While my constituents might understandably assume that the bill relates to the budget, in fact this 400-plus-page omnibus bill actually has very little to do with the budget. Many of the proposals therein have particularly deleterious consequences for the environment. Accordingly, I will be splitting my time with our environment critic, the hon. member for Etobicoke North.

A related problem is that while this budget implementation bill is supposed to flow from the budget speech, which itself is not only a financial statement but a statement of values and a reflection of priorities, this budget, in its reflection of priorities, does not note or even utter the words “social justice”. It does not note or even speak of “fairness” or “equality”. It does not note or even reference the Charter whose 30th anniversary we celebrate this year, nor does it reference or note anywhere the word “humanitarian”.

While the budget speech did outline certain measures that we see legislated in Bill C-38, this budget implementation omnibus bill goes above and beyond anything we have seen and beyond any of the enabling authority of the budget itself.

In its 400-plus pages, there are amendments to more than 60 statutes. It covers everything from fisheries to nuclear safety, from territorial borrowing limits to air transport. It is an enormous hodgepodge, bundling together legislation not unlike Bill C-10 that does not allow for the necessary differentiated parliamentary discussion and debate, let alone the necessary oversight of the legislation. It imbues the executive with arbitrary authority to the exclusion of Parliament, thereby serving as a standing abuse to the canons of good governance, transparency and accountability. Indeed, this alone should be cause for its defeat.

As Andrew Coyne has put it, and I quote, “The scale and scope is on a level not previously seen, or tolerated”. He notes that this bill makes “a mockery of the confidence convention” and that there is no “common thread” or “overarching principle” between the legislative items therein, let alone its standing contempt for Parliament in matters of process and procedure.

Moreover, and again on the crucial issues of parliamentary process and procedure, which are principled concerns, while the bundling together of disparate pieces of omnibus legislation as a confidence bill is problematic enough on its own, this bill is slated to go to the finance committee in its entirety. Accordingly, the review of the environmental regulations therein, which overhaul, weaken and undermine the Canadian Environmental Assessment Act and environmental protection as a whole, will thus not be reviewed by the Standing Committee on Environment and Sustainable Development, where it belongs. The provisions that abolish the First Nations Statistical Institute and make changes to the First Nations Land Management Act will not be the subject of examination and study by the Standing Committee on Aboriginal Affairs and Northern Development, where it belongs. I can go on with numerous examples in this regard.

If circumventing proper and thorough parliamentary review in committee was not enough, the government, as we saw earlier, has invoked time allocation to limit the amount of time and discussion on this bill.

I am not suggesting that invoking time allocation, as the government has done again and again, or the use of an omnibus vehicle, as has occurred with Bill C-10, are against the legislative rules. What I am suggesting, as have many commentators, is that its use here and now on this particular omnibus bill is unnecessary, prejudicial, suprisingly undemocratic, in effect, unparliamentary and otherwise unsubstantiated and unwarranted.

Surely if Parliament had to debate something like going to war, it would be easy to see why we might time-allocate to ensure we get to the most pressing debate first, or if there were court decisions that affected many statutes, we might easily welcome an omnibus bill that would make the same change to many statues. What is so disconcerting with Bill C-38 is that the government need not be in a rush. There is no coherent or compelling theme to the omnibus proposals contained in the bill.

The opposition is not opposed to some of what is in Bill C-38. For example, the proposed changes to the custom and tariff rules sound reasonable. What we are opposed to is the take it or leave it, one size fits all omnibus approach to legislating that does not allow the necessary differentiated and deliberative oversight or review, or review by the particular and appropriate parliamentary committees. The government and the opposition can co-operate if the government would simply respect the opposition and be responsive in debate.

Again, I will remind my colleague that the government assumes that its legislation in every instance is perfect and, in so doing, believes there are no amendments that need even be tendered let alone adopted. This occurred in the case of Bill C-10 when, in response to amendments I introduced at the time, the government summarily rejected them because they came from the opposition, it seemed. It reintroduced the amendments on its own, a matter that could have been avoided, as the Speaker then noted in terms of the procedural complications that then ensued. Moreover, while I will be voting against this bill in large part because of the way it was introduced and how it is being pushed through Parliament, in terms of matters of process and its abuse, I will use my remaining time to outline some of my objections to the substance of the bill. Regrettably, time is limited and I therefore cannot address every flaw of this legislation.

First, Bill C-38 marginalizes low-income seniors by increasing the qualifying age for OAS from 65 to 67. While the government claims this change is necessary, and it did so just now in debate, for the sustainability of OAS, this contradicts Canada's chief actuarial officer and the PBO, who agree that the change is unsound and unnecessary as the current situation and system is sufficiently sustainable.

Second, the government proposes to close the files of federal skilled workers who applied prior to 2008, without any chance on their part to review or appeal this decision. It is not surprising that some have announced plans to take the government to court over this as a matter of fundamental fairness and due process. Indeed, all who apply to Canada should have their applications judged on their merits, not an arbitrary deadline set by the minister and applied in a retroactive fashion.

Third, cuts are being made to various food inspection agencies. These agencies keep Canadians safe and secure while ensuring the food chain is not contaminated. The government has yet to explain how these cuts would not prejudice the health and safety of Canadians or how food safety would be maintained in the absence of complete and adequate funding.

Fourth, the true nature of public service cuts in this bill still remains unknown. The Canadian Centre for Policy Alternatives estimates that in addition to the 19,200 positions being eliminated in budget 2012, there will be a further 6,300 jobs cut as a result of the government's previous strategic reviews that have yet to be implemented, and a further 9,000 cuts as a result of the government's budget operating freeze. That would create a total of 34,500 federal public service job cuts associated with this budget cycle alone. As well, the Parliamentary Budget Officer agrees that the government's figure of 19,200 public service jobs being cut does not represent the full number. He said, “...additional job losses will be required. ...we're actually talking about cuts on top of cuts”.

I raise this in particular to note that we are being asked to rubber-stamp the government's agenda without the necessary information, in a manner that precludes the necessary oversight and review and when it is clear that there are inconsistencies with what the government is saying and what independent experts assert. Parliamentarians must be afforded the facts and figures upon which they are being forced to pronounce, as was the case in Bill C-10. We did not receive it then and we are not receiving it now. This, in effect, amounts to a kind of standing contempt of Parliament.

Fifth, and my colleague from Etobicoke North will speak further to this in a moment, this bill rewrites Canada's laws on environmental assessment and repeals the Kyoto Protocol Implementation Act, weakening our environmental regulations but with consequences far beyond this.

In an email just this morning, a constituent wrote this. Considering that when environmental damage is caused, it has a domino effect on our food and water and thus affects Canadians' health and livelihood, these issues are actually also human rights issues. We have the right to safe clean water, safe accessible food and the myriad of other essential benefits we get from a properly functioning ecosystem.

Sixth, we have the elimination of a series of libraries and archives throughout different departments as part of the latest budget cuts, including the Canadian Council of Archives, which may close as soon as this Friday. This would affect historians, researchers, the media, Parliament and the public who deserve to have information preserved in addition to access to this information.

While I do not have time to elaborate on what this bill includes, I will close with a note about what is not in this bill. This bill does not address that which must be addressed. First and foremost is job creation, not just loss of jobs. Nor does it address the issues that matter most to my constituents in terms of social justice, access to justice and the promotion and protection of fundamental rights and freedoms.

Accordingly, and with this I close, whether it is marginalizing low-income seniors by increasing the qualifying age for OAS or cutting funds to regional development programs that create jobs or not announcing any new funding for affordable housing when the existing program funds are set to expire soon, this budget is simply wrong-headed, misguided, prejudicial and disconnected from the needs of Canadians and from my constituents.

In short, Bill C-38 marks a sad chapter in Canadian parliamentary history.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 3rd, 2012 / 3:30 p.m.


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NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, I thank the member for her remarks.

There is one thing I would like to know regarding the environment. Why does a third of Bill C-38 focus on environmental deregulation?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 3rd, 2012 / 3:05 p.m.


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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, it is an honour for me to follow my colleague from Welland on this debate. He quite eloquently spoke to the flaws of this bill. I would like to also thank him for his work on the agriculture file and on behalf of farmers.

Just prior to the start of this debate, my colleague from Malpeque and I were discussing how what we are witnessing is a transformation of our country. We were discussing the state of our country, and this omnibus bill, which lumps in all these measures that are chipping away at what many Canadians believe in, is just an example of this. I would go so far as to say that although we speak the same language, we are dividing ourselves into two new solitudes. One is represented by the government side, which represents a minority of citizens in our country, and the other side is represented by this side here, which represents the majority of citizens, citizens who really do not want to see major changes to our social net or to our system.

What are we seeing? We are seeing a government saying that it is all about job creation. At the same time, we are seeing a tremendous loss of public service well-paying jobs. I would like to remind people in the House that especially in our small rural communities, well-paying jobs are the main economic driver. These are the folks who drive the economy. They are the ones who go to restaurants and buy the local cars. They are the ones who keep our communities alive. What we are seeing here is that a lot of these jobs are being cut, and, as I will explain later, it is for no real reason.

Just before I move on, I would like to talk about what I call “union bashing”. We have well-paying jobs in this country, both in the private and public sectors, because we have a labour movement that has worked hard to ensure a high standard. I was talking with some representatives of the Canadian Police Association the other day when they were in town. They told me the reason they have well-paying jobs as police officers is that police officers, with the exception of the RCMP, have unions or associations, and the reason the RCMP has a livable wage is that the bar has been set by people who are represented by unions. At the same time we see Bill C-377, the accountability of unions act, loading a whole bunch of red tape on police associations and other trade unions in the country, which is totally unacceptable.

What are the budgetary consequences of this 2012 budget?

First, there will be at least 19,200 jobs lost in the public service. Second, there will be a total of between 50,000 and 72,000 jobs lost in the economy, including 1,119 jobs lost at the Department of National Defence, 162 fewer trade officers in Canada, 840 layoffs at Health Canada, 650 layoffs at the CBC, at least 4,800 layoffs in the NCR, 252 layoffs in client service at Veterans Affairs Canada, 100 food inspectors laid off, and I could go on.

What are we seeing, then? We are seeing that for no reason, the public service, consisting of civil servants who are professionals and do their jobs, is being reduced for what I would submit are ideological reasons. Why are they ideological? I am not sure if people are aware of this, but by the year 2014, the current government, since 2006, will have given the corporate sector over $220 billion of corporate tax cuts. That is $220 billion. Let us juxtapose that with raising the age of qualification for pensions to 67 and the hardships that will cause to a lot of seniors on marginal income. Let us juxtapose that with other cuts to the public sector and to the environment.

I would like to also say that choices are made by government. It appears the choice has been to make these drastic cuts to not only the public sector but to our way of life. There is a choice in spending billions of dollars on F-35s or even $30 million to somehow glorify the War of 1812, which nobody really cares about. We can tell that to pensioners who are trying to make ends meet and see what they have to say about it.

We talk about economic recovery. We talk about the fact that Canada supposedly has led the world economic recovery, whereas research that has been done has shown that two countries have been stronger than Canada in recovering from the economic downturn. One is Sweden, the other Australia.

Let us talk about Sweden, a country where there are no strikes, where everything is done by collective agreement and where the law mandates that labour is represented on corporate boards so that there is a working relationship between government, corporations and labour. Let us talk about a country where there is free tuition, free care for seniors, free child care, over 400 days of paid parental leave per child and full benefits for part-time workers.

If my colleagues in the House are not sure of these statistics, I urge them to see the film Poor No More, narrated by Mary Walsh. In the film she takes us to Sweden and compares what is happening here. I know that the argument will be that we want to raise taxes; well, Sweden is a country that has high taxes and provides services, and it is a country where people are working and there is virtually no unemployment.

In a March 29 article entitled “A budget that screws the planet for short-term profits”, Marc Lee, of the Canadian Centre for Policy Alternatives, stated:

This is a colonial vision of the economy as a quarry for foreign interests. Instead of ensuring development of resources in a manner consistent with real long-term needs like energy security, the [federal government] is open to any foreign investor who wants our resources, and Canadians will politely have to clean up the mess afterwards. While there will be some Canadian jobs in all of this, most of them will be of short duration in the construction phase, but the budget also increases the capacity to bring in temporary foreign workers.

Let us talk about the short-duration jobs.

We here are against the northern pipeline that will send raw bitumen through our territory and to the waters off the coast of British Columbia to Asia. One of the reasons we are against the pipeline is that the jobs that will be created are short term. We are shipping jobs outside of the country. It is interesting to have a government that says we need to create jobs and that at the same time, through its policies, will be shipping jobs outside of the country.

Mr. Lee goes on to say in his article:

Our penchant for planetary destruction just cannot happen fast enough. Under the mantra “one project, one review” environmental considerations will get lumped in with everything else, meaning that review processes for destructive mining and oil and gas projects will be fast-tracked.

Therefore, instead of having a review that looks at and ensures proper oversight of these projects, we will get this fast-tracking.

I am going to say a few words about the environment as well. At least a third of Bill C-38 is devoted to environmental deregulation. The government is doing everything it said it would do, and more.

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

Business of the HouseOral Questions

May 3rd, 2012 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, on the last point, I would say no.

Today we will continue debate on Bill C-38, the jobs, growth and long-term prosperity act, which would implement our budget, economic action plan 2012. As the economy is our government's most important priority, we have ensured that this will be the longest budget debate in the past 20 years. It might have been y much longer than that but that is as far back as we went in our research. This debate will have been longer than every other debate at second reading on a budget implementation bill in the previous two decades. Why is it longer? We think all members of the House should be focused on the economy but we hear very little about it in question period. The economy is our priority. We have ensured that this will be the longest debate in the past 20 years so there will finally be a focus on the importance of the economy, job creation and economic growth.

The bill would implement many important measures from our budget. To recap, the Minister of Finance tabled the economic action plan 2012 on March 29. We then had four days of debate on the budget, three of which, I would remind the NDP House leader, were filled by one member, the NDP member for Burnaby—New Westminster who prevented most of his colleagues and all parties from getting a chance to debate the budget. On Wednesday, April 4, the House voted on and approved the budgetary measures put forward by the finance minister. It was then, on Thursday, April 26, that we introduced Bill C-38, the jobs, growth and long-term prosperity act, to implement measures that the House approved. On that day, I indicated to the House that we would be having the second reading vote on May 14. We are on track to keep that commitment.

Today is the second of seven days this bill will be debated prior to the second reading vote on May 14. Tomorrow will be the third day. We will continue with the fourth day of debate on Monday, May 7; the fifth day on Tuesday, May 8; the sixth day on Wednesday, May 9; and the seventh day on Friday, May 11.

This ample debate will allow hon. members from all sides of this House an opportunity to put forward their views on this bill, especially since the NDP member for Burnaby—New Westminster will no longer be able to block other MPs from speaking, as he did during the Budget debate.

And finally, Thursday, May 10, will be the third allotted day, for the NDP.

Business of the HouseOral Questions

May 3rd, 2012 / 3 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, hearing the announcement of the reception, I will try to keep this as brief as possible for myself and the government House leader.

We have some questions about what the government plans for the next number of days. First, we would like confirmation from the government on the NDP's next opposition day.

As well, on Bill C-38, the omnibus bill that the government has lumped in a whole suite of quite damaging and fundamental changes, not just to the way Parliament works and the government's procedure of shutting down debate, but also in Canadian life, such as pensions, pay equity and environmental protections, will the five days remaining for debate be in their full context or is the government planning to introduce other measures of disruption of Parliament's ability to hold the government to account?

SECOND READINGJobs, Growth and Long-Term Prosperity ActGovernment Orders

May 3rd, 2012 / 1 p.m.


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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, there are many things about Bill C-38 that I could speak about, such as the total rewriting of Canada's environmental protection law, repealing the Fair Wages and Hours of Labour Act, raising the age of retirement to 67, the elimination of the National Council of Welfare, the elimination of employment equity for federal contractors, weakening the Auditor General, having cabinet-approved pipelines rather than the arm's length National Energy Board and the gutting of the regional employment insurance appeal process. However, as the only member of the opposition from the three northern territories, I will speak about how the bill would change the three acts that could be considered the constitutions of the three territories without having consulted the people of the north.

Clauses 214, 215 and 216 of Bill C-38 would amend the Northwest Territories Act, the Yukon Act and the Nunavut Act. They would amend these acts to give the federal cabinet the ability to make more regulations governing the fiscal capacity of the three territories. Instead of moving toward the Conservatives' promise of improving and devolving northern governance, which is the fourth pillar of the Prime Minister's much-promoted northern strategy, these amendments would actually increase the amount of control Ottawa would exercise over the three territories. There is no provision to ensure that the three territorial governments would have any input or that there would be any measure of consultation or approval over the nature of these regulations or any changes made to them by future federal cabinets. This is hardly responsible government for the territories.

All of us who use the Westminster system of democracy know the key to responsible government is having control over fiscal matters. These amendments completely make a mockery of any statements from the Conservatives that they believe in consulting with and building a better north.

In the past Parliament, I tried to lessen the intrusiveness of the federal government over the people of the north. Over and over, I spoke to northern leaders and my constituents and then presented a bill that would give more certainty and control in the Northwest Territories over their fiscal capacity. It was to be achieved through actual legislation.

Speaking to my bill at committee, Mr. Chris Forbes, the assistant deputy minister, Federal-Provincial Relations and Social Policy Branch, Department of Finance, described how the borrowing limit provisions were a holdover from when the only institution the territories could borrow from was the Government of Canada. Since 1983, the territories have been able to borrow on the open market. Colonial at the start and colonial it continues under the Conservatives.

My bill was well supported across the Northwest Territories.

If the Conservatives had consulted with the people in the north, they would have heard that what northerners wanted was this federal control over borrowing removed. So far we have not been any consultations on these amendments, unless they have been done in secret. They exclude Canadians because they do not care what Canadians have to say about many of these aspects.

The Prime Minister has made a point of stressing the growth of governance in the territories. If that is what he wants, then the Conservatives should have done the right thing in amending these three acts, and that is to take the federal government and the federal Department of Finance completely out of the process.

Where are the members for Yukon and Nunavut on these changes? Do they support increased control over the territories by Ottawa? Is it okay with them that the legislative assemblies of the territories lose autonomy with these changes? Why the silence?

The people of the north have proven they can govern themselves. They have proven they are capable managers of money. Moody's Investment Services has given the Northwest Territories an Aa1 rating. This rating is second highest and places the NWT in line for credit risk with most of the provinces.

Moody's rating takes into account recent developments related to the Deh Cho Bridge project. The credit opinion notes that Moody's:

—had already included the Deh Cho Bridge liability in our calculations of the NWT's net direct and indirect debt, reflecting the government's debt-like obligation to make periodic availability payments. As such, formal assumption of the related debt is not expected to alter the NWT's credit profile in a material way.

According to Moody's, the rating reflects:

—prudent fiscal policies that have, over the past several years, limited debt accumulation. A well-developed fiscal framework (including a Fiscal Responsibility Policy which guides the NWT's fiscal policies and use of debt) should help to ensure that the debt burden remains low and affordable.

The NWT's fiscal responsibility policy mandates how the NWT may borrow. The policy guides the GNWT fiscal policy and use of debt and includes guidelines respecting the types of activities for which debt can be issued, as well as limits on total debt and debt servicing costs to ensure affordability. A borrowing plan is required to detail options and preferred choices for funding the short-term and long-term borrowing requirements of the government at minimum cost.

Our territory is responsible. It is acting in a manner which many other provinces should emulate.

However, these amendments do not treat the territories as responsible. Instead, they treat them in a paternalistic, uncaring fashion, without any concern what northerners think about changing their constitutions.

The people of the north have the same political rights as Canadians who live in the provinces. History has given us a designation as territories rather than provinces, but regardless what we are called, changes to our laws in Parliament should make northerners more equal to other Canadians instead of less.

All three territories are anticipated to be the great growth area of our great country. Northerners say “Respect us, treat us as equals, don't make us come cap in hand to Ottawa to be treated in a manner that other Canadians take for granted”.

The Charter of Rights and Freedoms guarantees all Canadians a right to a legislative assembly. It guarantees all Canadians that rights are held equally and that Canadians are treated equally by laws. These amendments do not move our legislative assemblies closer to equality with the provincial legislatures. These amendments actually move the northern legislatures further from equality.

Through a long and arduous process and negotiations on this issue over three years, my government was never told that the Minister of Finance would create these new powers for the federal cabinet.

Is the Conservative government so insensitive that it thinks it can now operate by decree?

A process that started as government-to-government negotiations has ended up as laws from master to vassal. Shame on this process that is blind to the desire of all northerners for equality, for respect and for their own political rights in our great country.

SECOND READINGJobs, Growth and Long-Term Prosperity ActGovernment Orders

May 3rd, 2012 / 12:45 p.m.


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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I will be sharing my time with the member for Western Arctic.

I want to begin my remarks today on Bill C-38 by saying, and it should be said, that this clearly is not only a budget implementation act.

I found it very interesting to listen to the parliamentary secretary's comments just a few moments ago when she chided the Liberal member for the record of the Liberal government, bringing in a massive omnibus bill as well. I remember that bill, C-43, but it is curious, because I seem to remember that the Conservatives in opposition at that time certainly had lots of concerns about what was hidden in that massive bill. I think it was about 1,000 pages. I remember the debates in this House about how the Liberals were trying to hide things and rush them through.

Here we are today in 2012 with another budget implementation bill, which is anything but. It has become a massive cover for putting through major public policy issues under the guise of a budget implementation bill.

I want to say, just for the record, that it is really bad public policy. It is a terrible way to make decisions. It is a direct attack on the ability of members of Parliament to examine legislation.

Much of the stuff that is in the budget implementation bill should be coming to the House as stand-alone legislation. When we go through the list, go through those 422 pages that comprise the current budget implementation act, we can just see how far-ranging the directions are in the bill.

For example, we know it is raising the age of eligibility of OAS and GIS from 65 to 67, something that the Prime Minister never campaigned on in the last election. For heaven's sake, it repeals the Kyoto Protocol Implementation Act, meaning that the government is no longer required to report on its emissions under the act. That is in a budget bill? The Conservatives are putting that through in a budget bill? Is there something they want to hide from Canadians? I think so.

As we have heard many times in the House, it guts the environmental assessment regime and fish habitat protection. Again, this should be stand-alone legislation that the government should have the guts to bring forward on its merit and be willing to debate in this House, instead of trying to sneak it through in a budget implementation bill.

Just in terms of the changing environmental assessments, this would have a major impact on my province of British Columbia, on things like the Enbridge pipeline, where there has been incredible public interest in being involved in a democratic public process to comment on the environmental impact and assessment of that project.

What is the government doing? It uses the budget and the budget implementation act to actually shut down and to gag the public and say that not only is it putting short timelines on these major assessments but it will also delegate authority to other authorities, including the provinces, so it is basically narrowing the opportunities people have to comment on these important things.

To add insult to injury, not only does the bill gut environmental requirements; it also goes after civil society organizations by saying that the Canada Revenue Agency will tighten up what kind of political activities they can be engaged in. There is an attack on both sides, by legislation and by trying to fetter and gag the work that very important organizations do in our country to bring awareness to these major environmental projects that have a huge impact on all of us.

Here are a few other little gems in the budget. It would repeal the Fair Wages and Hours of Labour Act. I am familiar with this, because as a city councillor in Vancouver over many terms, we actually used the federal fair wage act to set a benchmark for what we did municipally to pay fair wages to municipal contractors.

Now all of a sudden this act is gone. It has been there for decades. I do not know how far it goes back, but it has been a benchmark of what is considered to be fair wages.

Presumably this is now being completely eliminated because the Conservatives want to give more handouts to their corporate buddies and they want to undercut union wage rates. This is an attack on labour, just like we have seen with Bill C-377, where the government is attacking labour and trying to allege that they are not transparent organizations when we know they are. This is hidden in a budget implementation act.

It would also amend the Employment Equity Act so it would no longer apply to federal contractors. This is a major shift in public policy. I was part of the standing committee that reviewed the Employment Equity Act. It has to be reviewed every five years. The federal government is mandated to cover employment equity both in terms of its own direct services and of all the areas it covers like transport, airlines and banks. To amend the Employment Equity Act so it no longer applies to federal contractors is just a sheer gift and bonus to the Conservatives' buddies in saying that things like employment fairness, fair wages and ensuring diversity in the workplace would not count anymore and they would not have to worry about it. This is a major and dramatic shift in public policy.

I also want to mention a few local things that are very concerning to me, such as the cuts to the CAP program, which is purely mean-spirited. Low-income people who can currently gain access to the Internet through the community Internet access program would no longer have access to that. This is just a small thing, but it really does affect people. We live in an Internet age but there are lots of Canadians who still do not have their own computer or access to the Internet and they use the community access program to have that opportunity and capability. Why on earth would the Conservatives go after that? Why would they target people in that way?

As the health critic for the NDP, I want to speak briefly about some of the health aspects in the few minutes I have left.

We have said in this House many times how absolutely staggering a $31 billion decrease in health transfers to the provinces would be. This is a massive shift. The Conservatives unilaterally made a decision about health transfers in this country without any negotiation, debate or co-operation with the provinces and territories. It is something that is unheard of. This is a major assault on our health care system.

It goes even further than that. One of the little sneaky things that is in the budget is the amendments to the Food and Drugs Act to give the Minister of Health more power, supposedly on the basis of streamlining and improving the efficiency of various classifications of foods and drugs. However, it would basically give the minister more power to set up her own regulatory process and go outside the system. Again, this is something that should be coming forward in its own piece of legislation.

I will conclude by talking about what the budget does not address.

I live in Vancouver, and in Metro Vancouver probably the greatest issue we face is the lack of affordable housing. I have met with the Canadian Rental Housing Coalition in Metro Vancouver, which by the way, is made up of building owners, apartment owners, tenant groups and co-op housing groups. It is a broad coalition and they are all saying the same thing: the federal government must be part of a solution to build affordable housing in this country.

Where do we expect workers to live if they are paying 50% or 60% of their income in rent? The hotel workers and the people who work in the stadiums, on the waterfront or in the service industry can no longer afford to live anywhere close to where they work. This is a major issue in Metro Vancouver and also in other Canadian cities, yet there is not a single word in the budget implementation act that would make this a priority. It is just zero. It is as if it does not exist anymore.

We look at the contrast of the handouts to the Conservatives' friends in the corporate world while ignoring the real priorities of Canadians for basic human needs like housing, shelter, good pensions or even access to the Internet. All of these things have either been ignored or cut.

This is a terrible budget, a terrible bill. We should be offended as parliamentarians that this budget implementation bill is so broad. It has so much in it that we cannot even begin to debate, especially now that there is a gag order on the time we have for debate, which was passed earlier today. What an affront to parliamentary democracy.

We are here to stand up to say we oppose the bill and will use everything we can to oppose it all the way.

SECOND READINGJobs, Growth and Long-Term Prosperity ActGovernment Orders

May 3rd, 2012 / 12:30 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, in Bill C-38, the number of changes to virtually every environmental law ever passed in this country is literally shocking to anyone who has practised environmental law. The hon. member will remember me from when he was Minister of Environment in Nova Scotia all those years ago and approved Agent Orange spraying, driving my group to court at the time. It is all water under the bridge, so I have nothing but goodwill toward the hon. member for West Nova.

However, I ask the member now if he has reviewed section 5 of the new Canadian Environmental Assessment Act? Can he explain to Canadians how federal environmental reviews will now be limited to fish and migratory birds only?

SECOND READINGJobs, Growth and Long-Term Prosperity ActGovernment Orders

May 3rd, 2012 / 11:50 a.m.


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NDP

Linda Duncan NDP Edmonton Strathcona, AB

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECOND READINGJobs, Growth and Long-Term Prosperity ActGovernment Orders

May 3rd, 2012 / 11:35 a.m.


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Conservative

Mark Adler Conservative York Centre, ON

Madam Speaker, it gives me great pleasure to rise in the House today to speak to Bill C-38, the jobs, growth and long-term prosperity act, introduced by the government's finance minister who was rated the best finance minister in the world by his colleagues in the G8.

I will begin by congratulating all of the members on our one year anniversary, which occurred yesterday, particularly those who were elected for the first time. I know we will work closely together to ensure that public policy decisions are made wisely and with the best interests of Canadians at heart.

I saw quite an old movie recently called The Candidate. Robert Redford, who starred in the movie, is picked to run as a democratic candidate for senate in California against a republican senator who has been around for a number of years, who is quite accomplished and who is expected to win once again. However, Robert Redford, as the democratic candidate, wins the senatorial seat. In the last scene of the movie, Robert Redford is standing in a hotel room across from his political consultant who ran his campaign and he mouths the words, “What do we do now?”.

When this government, under the leadership of the current Prime Minister, ran in the 2011 election, we knew exactly what we would do on May 3 of last year. We knew that the people had sent this government to Ottawa with a strong mandate to create jobs, growth and long-term prosperity. We were sent here with a strong, national Conservative majority government to implement a plan. We were the only party with a plan, a workable plan, a plan that first started in 2006 when we were first elected. The first three years, we had surpluses in our budget, which we applied to bring down the debt of the government by $37 billion.

However, with the downturn in the economy in 2008-09, certain stimuli measures were required to be put in place, which we did.

Since that time, since the end of the recession in 2009, this government has created 690,000 net new jobs. We are the only government that has recovered all of the jobs lost during the recession of the G8.

We have a corporate tax rate of 15%, and that is a great brand that we have around the world. What we found after we lowered the corporate tax to 15% was that investment rose but, more important, corporate tax revenues rose. We have more money in general revenues because we lowered the tax than if we had an increase in taxes.

The opposition states that we need to increase corporate taxes. What it does not understand, however, is that corporations are not people. They do not pay taxes. People pay taxes. Madam Speaker, pardon me for speaking while members are trying to interrupt, but that bird has been plucked. There are no more feathers left on that bird any more.

I need to tell members something, and they do not need to take my word for it. However, the IMF, the World Economic Forum, the Economist Intelligence Unit, Forbes magazine, Bank of Canada, everybody says that this government is on the right track, doing the right thing, bringing jobs and economic growth to Canada. That is why we are the number one performing economy in the G8 bar none.

The budget that was introduced by the Minister of Finance on March 29 is a long-term plan and the plan involves a comprehensive agenda that will exceed our time in office. This is not a Conservative plan or a Conservative budget. This is a Canadian budget that looks out, not to the next election cycle, as previous governments would have done, but to Canada's long-term interests and prosperity. This is one of the first governments that has ever thought of doing that. It is because we care about Canada and the long-term prosperity of Canada.

A number of the examples that were given in the budget and the pillars that it was built on relate to innovation. A lot of governments before had talked about innovation but products were not produced. There is no such thing as an innovative product if there are no customers to buy it. Our government will focus on innovative products where there is a demand for those products and they will be purchased. We put $400 million into a venture capital fund for this very purpose.

The next pillar that we based our budget on was regulatory reform. I know some of my colleagues on this side have talked about regulatory reform, the resource sector and the environment sector and have spoken quite eloquently about them. However, opposition members are mistaken when they believe that more government, more red tape and more regulation leads to more rigorous scientific evaluation. What it leads to is time wasted, workers who are not hired and investors who look at our regulatory regime only to say that it is not worth it and they go elsewhere. As a country, we cannot afford that. What we have done in the budget is streamline the regulatory process so that investment can be approved or not approved depending not on the merits of the project but based on rigorous science. That is what this government has proposed.

The next pillar that this budget is based on is jobs. We have created 690,000 net new jobs since the end of the recession in July 2009. That is a record that stands tall. Nobody can hold a candle to Canada when it comes to our job creation performance record. We have lowered personal income taxes for people. The average family is saving $3,000 in personal taxes. As a father raising eight-year-old twins, the money is better in my pocket than in the government's pocket because everyone who has kids knows that we are always be asked for something. Our job creation record is outstanding and we are told that by everyone around the world.

We are streamlining our immigration system to get rid of the backlog for those people who have faint hope when applying to get into this country. We will streamline the immigration process under the leadership of our Minister of Citizenship, Immigration and Multiculturalism, who is doing a fantastic job.

The final pillar of the budget is trade. Trade is the future of our nation. It will bring jobs and investment to this country. Since 2006, we have signed nine free trade agreements that were opposed by the NDP each and every time. We are now reaping the rewards of all of those trade agreements. Job creation is up, investment is up and exports are up. I have a number of companies in my riding of York Centre that export, such as Bombardier, Sanofi Pasteur, Estée Lauder and Planters Canada.

I will wrap up by saying that this budget is a Canadian budget and I would urge all members on that side who are interested in the long-term interests of this country to support the budget.