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 is from 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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-38s:

C-38 (2022) An Act to amend the Indian Act (new registration entitlements)
C-38 (2017) An Act to amend An Act to amend the Criminal Code (exploitation and trafficking in persons)
C-38 (2014) Law Appropriation Act No. 2, 2014-15
C-38 (2010) Ensuring the Effective Review of RCMP Civilian Complaints Act

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.

Economic Action Plan 2013 Act, No. 1Government Orders

May 1st, 2013 / 4:30 p.m.


See context

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, today we are dealing with Bill C-60, the first Conservative omnibus bill following its 2013 budget. It is a bit less abusive than Bill C-38 and Bill C-45 from last year, but it is still an omnibus measure, lumping together various unrelated matters. By my count, at least 18 different government portfolios are implicated.

At the end of the day, the government will force a single vote on all of that all at once. That renders the vote so meaningless, because it cuts across so many unrelated disciplines. Again, democracy is compromised in the process.

There are some items for sure in Bill C-60 which people could generally support: better allowances for veterans, for example; dealing with the adoption tax credit; more incentives for charitable giving; the extension of capital cost allowance; and additions to the gas tax transfer.

However, these positive things are intermingled, unfortunately, with many very negative measures, especially large tax increases that will hit and hurt middle-class Canadians in particular, and we cannot and we will not support those negative measures.

Budget 2013 is crafted to feed several false illusions. The first of those is the mythical notion that the Conservatives are the competent economic managers that they claim to be, but let us look at the facts.

When they took office in 2006, they inherited from their Liberal predecessors 10 straight years of balanced budgets, an annual surplus that was running at the rate of $13 billion every year, lower debt, lower taxes, low and stable interest rates, a sound and solid Canada pension plan, steadily dropping employment insurance premiums, annual economic growth rates of 3% or better, the best banking system in the world, the best ever transfer payments to provinces and territories, progressive investments in child care, skills and learning, science and innovation, environmental integrity, infrastructure, trade and three and a half million net new jobs. That is what the Conservatives inherited. That is what was handed to them as a starting point in 2006.

Just as an interesting historical sidebar, before the Conservatives inherited 10 years of Liberal balanced budgets and robust surpluses, the last time a Conservative government actually balanced a budget for Canada was 101 years ago in 1912. The prime minister at the time was Robert Borden, originally a school teacher, as a matter of historical fact. He, too, inherited his surplus from a Liberal predecessor, namely Sir Wilfrid Laurier, but sadly, he managed to maintain it for only one year before dropping into deficit.

The current Conservative government has behaved in a similar manner through excessive spending and reckless budgeting. Between 2006 and 2008, they put Canada back into the red again before, not because of, the recession, which hit in the latter part of 2008, and they have not balanced the books every since.

In budget 2013, the Conservatives claim they will eliminate the deficit hocus-pocus by 2015. Is that not convenient? Just on the eve of the next federal election they are projecting a balanced budget. A close look at their financial plans provides ample reason to be just a little bit suspicious. Here are some of the fiscal tricks.

First, they use rosy growth estimates. To puff up government revenues, the Conservatives have based their fiscal planning on optimistic projections about economic growth. They ignore the reality that in years just passed, their numbers have never ever been correct. Time and time again, their initial forecast has had to be downgraded, as both the International Monetary Fund and the Bank of Canada have just done once again in this last month.

Second, they use deficient reserves. To create the illusion of more financial flexibility and strength than they really have, the Conservatives have lowballed the reserves that should be in place to serve as fiscal shock absorbers for Canadians against unpleasant future economic surprises. The amounts set aside should grow in the outer years because the risk is larger in the outer years, but the Conservative government has foolishly flatlined its reserves going forward, meaning it is not protecting adequately against future risk.

Third, they use exaggerated lapses. When a government department does not use all the budget in any given year that is given to it, the excess money naturally lapses back to the central treasury. The Conservatives in their budget are counting on very large lapses over the next several years. In fact, that is worked right into their arithmetic. In other words, they are planning to make big announcements of big new spending plans but never actually investing the money.

Fourth, they use excessive optimism about catching those tax cheats. While cracking down on those who do not pay their rightful taxes is an absolute necessity, the Conservatives claim of a balanced budget depends heavily on quickly collecting billions in unpaid taxes, and that seems highly improbable at a time when they are chopping the resources needed in the revenue department to go after those tax cheaters.

Fifth, they use big program cuts. For big programs like infrastructure, the government claims to be increasing its investment, but any hypothetical increase would actually occur only years down the road, beyond the mandate of this Parliament, sometime in the latter part of this decade, conveniently well after 2015. It is a trick that is called multi-year bundling and back-end loading. When the government has nothing to announce, it rolls a bunch of years together and pretends it is going to spend money five or ten years down the road while it actually cuts in the short term. That is happening here. In reality, the build Canada infrastructure budget has been cut by $1.5 billion this year, $1.5 billion next year and $1 billion in the year after that. Any hypothetical increase is only well after 2015.

Sixth, they are claiming before proving. Using all of the tricks that I have just mentioned to concoct the false notion of a balanced budget by 2015, the Conservatives will claim that they have met their fiscal objective just before they call an election and, importantly, before proof to the contrary can become available. In the normal financial cycle, the audit report on the government's books for 2015 will not get published until much later, that is well into 2016, long after any election has come and gone. So much for the Conservative illusion of fiscal and economic competence.

Their second illusion is that they really care about jobs and job training and they boast about their proposed new jobs grant. The Minister of Human Resources and Skills Development mentions it in the House almost every day, but again it is fiction. It is spin. It is make-believe. It does not exist.

What exists are labour market agreements, and they have existed since the late 1990s. They are job training agreements between the Government of Canada and all the provinces. The latest versions of these labour market agreements were negotiated about five years ago, and they are worth now about $2.5 billion all together. Federal money is regularly transferred every year by the Government of Canada to the provinces. The provinces use those funds to tailor job training and labour market programs and services that suit their local circumstances. The provinces are in charge of the design. That is what exists now.

The Conservative government wanted to appear to be doing something about skills and jobs in the 2013 budget. People without jobs and jobs without people is one of Canada's biggest economic problems at the present time. The government wanted to look as if it were aware of that and doing something about it.

However, the government was not prepared to invest any new money to try and make an actual difference in terms of job training. What it did do was create an illusion of action and the fiction it was doing something about jobs and training. What it is basically proposing to do is claw back the $2.5 billion per year labour market money that it now sends to the provinces and renegotiate it with provincial governments. That is all. It amounts to recycling existing money. There is nothing more. There is nothing new. There is no additional federal investment.

The provinces will need to contribute more and so will the private sector. That may actually serve to reduce the extent of job training in some sectors and some provinces, because some of those other partners, the provinces or the private sector, may not be able to match the federal dollars. Even the provincial treasurer in Alberta has made the comment that he does not know whether Alberta would want to participate in that kind of initiative.

The bottom line here is that there is no new money and no additional federal investment in training. It is an illusion to try to create the impression that something new is happening when it is not. That is tragic, especially for young Canadians looking for some hope and opportunity.

Here are the numbers. More than 212,000 fewer young Canadians are working today than just before the recession began in 2008. The youth unemployment rate is a very stubborn 14.2%. That is nearly twice the rate for other Canadians. The actual number is 404,000 jobless young people. Worse still, another 171,000 have simply given up and dropped out of the labour market altogether. The government and the budget do nothing but shuffle the deck chairs on the Titanic. It is simply not good enough.

Another fiction, the third one, is the government's bogus claim that is does not increase taxes. That assertion is completely false, and that is one of the key reasons we cannot support Bill C-60. It increases taxes, especially the tax burden of middle-class Canadians and all those who are working so hard to join the middle class. It happens in dozens of nefarious ways. New hidden Conservative taxes on safety deposit boxes total $40 million a year. On certain medical services, it is $2 million a year. New Conservative taxes on credit unions amount to $75 million a year. It goes on.

However, there are three hidden Conservative tax hikes that hit especially hard at the middle class. They are taxes on small business dividends, taxes on payrolls and taxes on imported consumer goods.

First, the Conservative small business tax, a new tax burden on small businesses, will absorb $550 million every year, taking it from small businesses and hurting the middle class.

The second new Conservative tax is the EI payroll tax, which will suck up $600 million every year in higher EI premiums, again hurting the middle class. By contrast, facing a job challenge in the 1990s, a Liberal government did not increase EI payroll taxes. We in fact cut them. We cut them 12 consecutive times and we cut them by 40%. Employers and employees saved billions of dollars and 3.5 million net new jobs were generated. The Conservative government's record is the opposite of that.

Finally, the third tax increase that we object to is the new Conservative increase of tariff taxes, taxes on imports, which will take about $333 million every year from middle-class Canadians.

The cost of vacuum cleaners will go up by 5%. Bicycles will go up by 4.5%. Baby carriages will go up by 3%. Plastic school supplies will go up by 3.5%. Scissors will go up by 11%. Ovens, cooking stoves and ranges will go up by 3%. For coffee makers, the cost will increase by 4%. On wigs, especially cosmetic wigs for cancer patients, the cost will go up by a whopping 15.5%. The cost of USB drives will go up by 6%. On blankets, the cost will go up by 5%. On toothbrushes, the cost will go up by 2%. On pillows, the cost will go up by 6%. On alarm clocks, the cost will go up by 6%. There are dozens and dozens of imported products.

The government's excuse for this is that it only wants to provide these higher tariffs in order to give a benefit to a lower-income country overseas. However, the reality is, when we put on these tariff increases, the country overseas does not levy the tax and does not pay the tax. The tax is levied in Canada and it is paid by Canadians. The burden is on average middle-income Canadian families. This is a self-inflicted cost burden in Canada, which is why we cannot support it.

When all of these measures I mentioned are fully implemented, as well as some other taxes that are buried in this legislation, the burden will add up to more than $2 billion per year in new Conservative taxes that are being levied on Canadians. The largest portion of that burden will fall squarely on the backs of middle-class families.

For substantive reasons of public policy today, we will not vote for these measures. Also, because the government is trying to hide these new taxes and deny them, we cannot sanction such deceit. Liberals oppose Bill C-60.

Therefore, I move, seconded by the member for Westmount—Ville-Marie:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

the House decline to give second reading to Bill C-60, An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures (Economic Action Plan 2013 Act, No. 1), because it:

A) raises taxes on middle class Canadians in order to pay for the Conservatives' wasteful spending;

B) fails to reverse the government's decision to raise tariffs on items such as baby carriages, bicycles, household water heaters, space heaters, school supplies, ovens, coffee makers, wigs for cancer patients, and blankets;

C) raises taxes on small business owners by $2.3 billion over the next 5 years, directly hurting 750,000 Canadians and risking Canadian jobs;

D) raises taxes on credit unions by $75 million per year, which is an attack on rural Canadians and Canada's rural economy;

E) adds GST/HST to certain healthcare services, including medical work that victims of crime need to establish their case in court;

F) fails to provide a youth employment strategy to help struggling young Canadians find work; and

G) ignores the pressing requirements of aboriginal peoples.

Fisheries and OceansOral Questions

April 25th, 2013 / 2:35 p.m.


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Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans and for the Asia-Pacific Gateway

I am surprised, Mr. Speaker, that the member would be opposed to focusing DFO on the protection of Canada's commercial, recreational, and aboriginal fisheries. That is exactly what we did in Bill C-38 and Bill C-45 and we are continuing to focus on that. As we put together the policy framework to support those changes, we are engaging and talking to our key stakeholders.

Fisheries and OceansOral Questions

April 25th, 2013 / 2:30 p.m.


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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, that kind of attitude is not going to help us deal with global warming in this country.

The government is also walking away from its fisheries responsibilities. In the midst of the public outcry over Bill C-38, the government claimed it “consulted with fishermen”, but now we learn that the people it consulted with were the oil and gas, mining, and nuclear power companies. Not one fisheries organization did it consult with.

I want to ask the minister, will he come clean and admit to Canadians who he is really looking after?

Opposition Motion—Climate ChangeBusiness of SupplyGovernment Orders

April 25th, 2013 / 11:05 a.m.


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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, climate change is the most pressing environmental issue facing the planet. Climate change is real. It is happening now. It is an issue of today and not of tomorrow. Serious impacts are associated with the two degrees Celsius stabilization target, including an increased frequency and intensity of extreme weather events and sea-level rise.

The World Economic Forum, or WEF, recently ranked climate change the third-biggest concern, overall, of 1,000 experts surveyed. Failure to adapt to climate change was listed as the biggest single environmental hazard facing the planet. Moreover, the WEF listed runaway climate change as its first serious x factor, an emerging concern with unknown consequences. It even raised the question of whether humans have already triggered a runaway chain reaction that is rapidly tipping earth's atmosphere into an inhospitable state.

Canada's 1998 ice storm cost $5.4 billion. The 1996 Saguenay flood cost $1.7 billion. A 2005 rain event in Toronto cost $625 million in insured losses. The now defunct National Round Table on the Environment and the Economy warned that climate change is expensive, with annual $21-billion to $43-billion adaptation costs for Canadians by 2015.

The countries most vulnerable to climate change understand that 2015, the date by which to adopt a universal climate change agreement, is already too late. The two degrees Celsius target will likely be missed. Some developed countries remain insensitive to their predicament. Some islands will likely become submerged. Their hopes for enhanced global support to aid their efforts have continually been disappointed.

At stake is the future of our children and grandchildren. In light of the financial burdens to the next generations, the impacts on Canada's agriculture, environment, fisheries, forest, water, et cetera and ultimately on Canadians and on international communities, such as Bangladesh, which might lose one-fifth of its land mass and suffer the displacement of 20 million people with a one-metre rise in sea level, it is extremely disappointing that instead of having a serious debate on what Canada should be doing to mitigate and adapt to climate change, the New Democrats have chosen to politicize a fundamentally human issue.

I am very surprised that the New Democrats would choose to attack the Liberal Party on this issue, given their party's less than stellar role in combatting climate change.

In 2005, it was the NDP's political antics that led to the fall of the Liberal government, thereby knowingly ending any chance that Canada would take real action on climate change. The Liberal government's project green would have, in fact, taken Canada 80% of the way to meeting its Kyoto targets. The Conservatives have since reduced the previous Liberal government's greenhouse gas emissions targets by an astonishing 90% and will not even meet their very weak target.

My friend and colleague for over two decades, the leader of the Green Party, blamed the NDP for putting politics ahead of the planet, risking the collapse of an urgent climate change conference in 2005 aimed at salvaging the Kyoto protocol. She begged the NDP to rethink the issue. A newspaper article stated, when the leader of the Green Party wrote her 2009 book,

“It was to no avail,” she wrote, highlighting the incident as proof that both [the NDP] and [the current Prime Minister] were willing to sacrifice the key Kyoto negotiations...

I have spent the last 25 years researching climate change, consulting for Environment Canada, serving on the Intergovernmental Panel on Climate Change, speaking around the world on climate change and its impacts, undertaking research 500 miles from the North Pole, and watching the glaciers recede and recede. I came to Ottawa to fight for real action on climate change, and I currently chair the all-party climate change caucus, which I founded. I also serve on two United Nations bodies, one regarding climate change and the second one regarding disaster preparedness.

It is, therefore, painful to say that the Liberal Party will not be supporting the NDP's motion as the motion is dishonest about my party's record on climate change. I ensure my speeches are accurate and scientifically rigorous, and that my arguments are fact-based and not hyperbole and rhetoric. The Liberal Party does agree with two of the three sections of the NDP motion, namely, that there is grave concern with the impacts of a 2° Celsius rise in global average temperature and the government should immediately table its federal climate change adaptation plan.

Let me set the record straight on the Liberal Party's action on climate change and then outline the wilfully blind position of the current Conservative government and what it should be doing to protect the future.

In 1998, Canada signed the Kyoto protocol, pledging to reduce greenhouse gas emissions by 6% from 1990 levels by the commitment period ending in 2012. In 2000, the Liberal government introduced its action plan 2000 on climate change and committed $500 million on measures to reduce greenhouse gas emissions, or GHGs.

In 2002, Canada formally ratified the Kyoto protocol. The Liberal government called it “an important milestone in Canada's contribution to addressing climate change”. The government also released “Climate Change: Achieving our Commitments Together”, which proposed a three-stage strategy to achieve GHG reduction goals through incentives, regulations, and tax measures.

In 2003, the Liberal government pledged an additional $1 billion for its climate change plan and offered incentives to consumers and industry. Total federal spending on Kyoto reached $3.7 billion. In 2004, the Liberal government issued the one-tonne challenge, which called for every Canadian to cut GHG emissions through such activities as recycling, taking public transit, and using programmable thermostats. From the early 1990s, I have been challenging my own students at the university to reduce their personal and family GHGs.

In 2005, the Kyoto protocol officially came into force. Within three weeks of the date, the Liberal government and Canada's carmakers reached an agreement regarding emission standards. Car companies were to produce vehicles that would cut emissions by 5.3 megatonnes by 2010 as part of Ottawa's Kyoto plan. Within two months of Kyoto coming into force, the Liberal government announced details of its Kyoto implementation plan, project green, pledging $10 billion to cut greenhouse gases by 270 megatonnes a year by 2008 to 2012. However, in 2006, with the help of the NDP, the Conservative government came to power and immediately killed project green. Independent third-party stakeholders stated that the plan would have allowed Canada to come close to meeting its Kyoto targets.

Since coming to power the Conservative government has reduced the Liberal GHG targets by an astonishing 90%, spent $9.2 billion and claims it is half way to meeting its very weak GHG targets. The Conservative government's latter claim is particularly remarkable given that as recently as the fall of 2011, the government was on track to reach only 25% of its very weak target.

Weak target or not, how did the government manage to improve its performance by an astounding 100% in just over six months? First, the government used a higher start value, a projected value, rather than actual emissions. Second, it changed the accounting rules. Third, the government took credit for someone else's hard work. The June 2012 report from the National Round Table on the Environment and the Economy made it clear that action taken by the provinces and territories is really responsible for three-quarters of Canada's GHG reductions. Moreover, the round table's report echoed that of the Commissioner of the Environment and Sustainable Development, which showed that in 2020 Canada's emissions would be 7% above the 2005 level rather than the promised 17% below.

Fourth, the government removed any climate accountability measures through its draconian omnibus bill, Bill C-38, which repealed the Kyoto Protocol Implementation Act. Because of the repeal, the government will no longer have to publish the climate change plan each year, detailing the measures being taken to meet Canada's commitment. Moreover, the round table will no longer be required to assess each year's plan and offer expert feedback. In fact, the round table no longer even exists as it failed to comply with Conservative ideology. Moreover, the commissioner will no longer have to report regularly on Canada's progress in implementing its climate plan.

Because of the lack of climate accountability measures, Canadians will continue to suffer a Minister of Natural Resources who casts doubt on climate change science saying that, “People aren't as worried as they were before about global warming of 2° and scientists have recently told us that our fears on climate change are exaggerated.” Even flat earth proponents eventually came around. What will it take to convince the natural resources minister that climate change is real?

Because of the lack of climate accountability measures, Canadians will continue to suffer a government that repeats its mantra, namely, that its sector-by-sector approach to climate change is working. Sadly, the approach is just a delay tactic. The government has tackled only two sectors in six years and is yet to take action on the oil and gas sector. Perhaps instead of repeating tired lines, the government should actually review the evidence and experience first-hand what Canadians are living.

The reality is the world is getting hotter. The warmest 13 years of average global temperatures have all occurred in the 15 years since 1997. Increased global average temperatures are expected to increase droughts and floods, and other extreme weather patterns. Recent record-breaking temperatures for June 2012 are what we would expect from climate change. In fact, records for the contiguous United States that have been kept since 1895 show that July 2012 was the hottest month ever.

Whether the government accepts or minimizes the fact that record-breaking temperatures and extreme precipitation are likely changing on a global scale as a result of anthropogenic influences, many Canadians are feeling the economic impacts. In Canada, catastrophic events cost approximately $1.6 billion in 2011 and almost $1 billion in each of the two previous years. In 2012, in many regions across Canada, farmers struggled with hot, dry conditions that devastated their crops.

The Ontario provincial government asked for federal support to help farmers dealing with drought. Farmers were forced to sell their livestock at low prices because the drought had raised feed costs beyond what they could afford. Increasing evidence shows drought conditions will become the norm rather than the exception.

What needs to be done on climate change and done immediately? The NDP is calling for a climate adaptation plan and this is important. For many years, I consulted to Environment Canada's adaptation and impacts research group. Many of its members share the 2007 Nobel Prize on climate change, but it has since been dismantled by the Conservative government. The NDP fails to mention mitigation in its motion. We need both mitigation and adaptation. I will briefly describe omitted mitigation options.

We need sustainable development of our natural resources and all decisions must be based on scientific evidence, must safeguard our environment and natural habitats, and must respect the legal and historical rights of aboriginal people. The federal government must recognize that non-renewable high carbon energy sources are unsustainable. Canada must also have a plan for a transition to more sustainable energy sources and a pan-Canadian sustainable energy and economic growth strategy to succeed in the global economy and to make progress on this 2020 GHG reduction target.

The federal government should collaborate with relevant federal ministers and departments as well as with provincial, territorial, and municipal leaders in Canada to develop a pan-Canadian sustainable energy strategy.

It must also fully consult and accommodate aboriginal peoples when development projects affect their rights and traditional territories. Such a strategy should ensure fairness to all emitters and emitting sectors and regions. It should also include the creation of new markets and opportunities, and improve competitiveness for Canadian companies, particularly regarding low carbon technologies.

Both renewable energy and energy efficiency offer the promise of economic growth, job creation, energy security, and reductions in GHG emissions. The government should therefore develop an action plan to achieve identified targets for the deployment of low-impact renewable energy in Canada for the years 2020, 2030, 2040, and 2050.

The federal government should also develop an action plan to achieve energy efficiency targets for the same decades. The European Union is now on track to deliver a 15% energy saving below business-as-usual by 2020.

To address climate change effectively, we also need a strategy for sustainable transportation in Canada that sets targets for the coming decades and an action plan for phasing out inefficient fossil fuel subsidies in order to achieve the G20 goal of a medium-term phase-out.

The government should develop an action plan and milestones for increasing energy literacy and research, development and deployment of low carbon technology in Canada. It should work in partnership with the provinces, territories, municipalities, labour organizations, industry sectors, aboriginal peoples, and others to develop a clean energy employment transition strategy.

The stakes are enormous. Leading countries are creating a new energy future and investing billions to be at the front of the curve in the new green economy. While the government invested only $3 billion in green stimulus spending, Germany invested $14 billion; the United States, $112 billion; and China, $221 billion in green infrastructure, and in the process created thousands of new green jobs.

Instead of reverting to 1950s thinking of development at any cost, the government should be mapping the best way forward to a prosperous, energy-secure, and healthy future. The government must understand that it is a choice between being a producer and a consumer in the old economy and being a leader in the new economy. It is a choice between decline and prosperity.

Finally, the government must stop embarrassing Canadians on the world stage. Canada's withdrawal from Kyoto sparked outrage in the global community. A spokesman for France's foreign ministry called the move “bad news for the fight against climate change”. Tuvalu's lead negotiator said, “For a vulnerable country like Tuvalu, it’s an act of sabotage on our future…Withdrawing from the Kyoto Protocol is a reckless and totally irresponsible act.”

Try as the government might, through cutting climate programs and research, and muzzling its scientists, the science of climate change simply will not go away, nor will the recognition of the economic impacts of warming and the growing chorus of countries taking action to combat climate change and gain competitive advantage by transitioning to the green economy.

The NDP and the Conservative government must stop polarizing the climate change discussion and resorting to ideological extremes during debate on the issue. Sadly, while climate change is speeding up, Canada continues to slide backwards on the issue. The Conservative government's only response is to greenwash its deplorable record on the environment.

Canadians deserve better, and our children and grandchildren deserve better, and should not be held hostage to the government's short-sightedness, skepticism, and stonewalling on the greatest challenge facing our planet.

Opposition Motion--First Nations, Métis and InuitBusiness of SupplyGovernment Orders

April 19th, 2013 / 10:15 a.m.


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NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Mr. Speaker, taking into account the scope and familiar nature of the motion before the House, it is my duty to support the explicit and underlying concepts it contains.

As a result, in my speech today, I will provide some perspective on the realities addressed by the motion by focusing on the confrontational approach that characterizes the modern relationship between the Canadian government and aboriginal people across the country. I would like to read from the motion before us, which states:

That this House call on the government to: (a) abandon its confrontational approach to First Nations, Métis and Inuit in favour of a nation-to-nation dialogue...

First, I will talk about the confrontational approach. At the risk of repeating myself, over the Christmas break, when I was deeply inspired by the Idle No More movement, I was asked to prepare a course and to travel throughout Canada and the United States. I had to do a detour through the United States to get to certain parts of Quebec. In short, I travelled to many aboriginal communities across the country to give a course on the modernization and amendment of the Indian Act, which is related to bills such as Bill C-27, Bill C-38 and Bill C-45.

In the course introduction, I made a point of indicating that the comments made by a number of ministers and stakeholders suggest that they see the affirmation of the identity of first nations in Canada as a barrier to economic expansion. This view is shared by many other stakeholders and is due, in part, to various speeches made in the House. Some ministers and others have been quoted on this issue.

If we look closer, it is true that there is some correlation between the assertive measures that have been taken by aboriginal communities across Canada in affirmation of their identity and the dramatic drop in the stock market value of some corporate entities.

One might assume that this is a fairly simple relationship when, in reality, it is very complex. If there has been a dramatic drop in the stock value, it is because the entity in question was lax and failed to shoulder its corporate social responsibility. That is why this affirmation of identity is undermining the stock market value of these entities. In a way, this premise is flawed because it is not the affirmation of aboriginal identity itself that is creating a barrier to economic expansion; rather, it is the lack of transparency and the financial wrongdoing observed in remote areas.

Successive Canadian governments and all of the other parties have tried over the years to put Indians in a box, if I may say so. In other words, they have tried to restrict the jurisdiction, the affirmation of identity, the social, cultural and economic affirmation of first nations, in order to give economic entities more peace of mind. This government has been even more obvious about it than its predecessors and is moving forward with a corporatist agenda, primarily promoting natural resources extraction as an economic engine and key component of economic development across the country.

I simply wanted to point that out. I should technically be talking about how shocked nationalists are in Quebec right now, because they are also dealing with a conflict situation that can lead to confrontation. However, that is a different story, and I will discuss the situation with the appropriate stakeholders in due course. There you go.

This situation reveals the selective and preferential nature of the relationships between aboriginal communities and the Canadian government in 2013. The motion before us refers to a comprehensive land claim that has not been addressed since 1991, and it is not the only one. I will give some concrete examples in a few seconds. Unfortunately, this lack of dialogue between stakeholders is a reflection of the reality of a number of contentious aboriginal cases across the country.

Successive governments, and this government in particular, could be criticized for cherry-picking. In other words, the Conservatives are choosing which stakeholders they want to talk to. In some respects, although this situation is not so widespread, I find it problematic enough to bring it to the attention of the House.

There are some community management organizations and band councils that are essentially puppet governments. The Conservatives hand-picked, cherry-picked some pawns. These people were put in place in strategic communities to speak out in favour of proposed policies. This is not necessarily widespread, but it is common enough that I wanted to mention it today.

The government is trying to interfere in tribal politics. It chooses representatives. That is why some communities have really spoken out. They have such strong social, economic and cultural foundations that federal transfers and support seem marginal. These people are more autonomous.

Strangely enough, as in the case of the situation that has been going on since 1991, the current government will simply choose to ignore remote communities because they are too strong and they have developed energy policies that the government is unhappy with.

What this government wants are good, servile, submissive, accommodating and easily manipulated Indians. It is as though the government is a puppeteer making its marionettes dance.

I say this because in recent years, I have found that I often end up out on the sidewalk, strangely enough, during big community meetings.

I would like to share an example that I will continue to come back to until the end of my term. A supposedly historic meeting was held in January 2012. A number of community representatives were invited. However, the invitation was not extended to all communities, even though the government claimed to be inclusive. The government wanted to develop a new relationship with first nations peoples. I was personally escorted by intelligence officers. I was essentially kicked to the curb. As I was on the sidewalk, I realized that I was in good company. There were other representatives from several nations who were deemed unwelcome.

So much for the inclusive aspect of this new relationship.

I think that is quite deplorable. Things like that should not be happening in 2013.

Cherry-picking and choosing pawns and representatives for community management organizations is highly objectionable. That is why, in 2013, the Conservatives are seeing a huge amount of opposition from the first nations. That is also why their economic development plan has stalled and is really struggling.

Our international reputation is plummeting, just like the stock market value of some companies that are ignoring their social, environmental and other responsibilities.

The EnvironmentAdjournment Proceedings

April 17th, 2013 / 7 p.m.


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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, after the government received yet another embarrassing grade on the environment, I asked whether the Minister of Fisheries and Oceans would do the right thing and restore funding to the Experimental Lakes Area, or ELA.

Let me begin by discussing the government's dismal record on the environment, followed by why the government should fund the ELA.

The 2008 Climate Change Performance Index ranked Canada 56th of 57 countries in terms of tackling emissions.

In 2009 and again in 2013, the Conference Board of Canada ranked Canada 15th of 17 wealthy industrial nations on environmental performance.

In 2010, Simon Fraser University and the David Suzuki Foundation ranked Canada 24th of 25 OECD nations on environmental performance.

Having received such failing grades, an accountable, responsible government would have taken meaningful action to protect our fragile environment and the health and safety of Canadians, while building a vibrant green economy.

Instead, the government gutted environmental legislation of the last 50 years through economic plans 2012 and 2013 and its draconian omnibus implementation bills, Bill C-38 and Bill C-45, severely cut the budget to Environment Canada, cancelled the National Round Table on the Environment and the Economy, and continues to muzzle government scientists.

The government's appalling environmental policies have been rightly criticized by policy makers, scientists, Canadians, the international community and repeatedly by the prestigious international science journal Nature.

The Conservative government once again had the opportunity to improve its negative performance by changing its reckless decision to close the world-renowned ELA, with 58 lakes, and considered to be one of Canada's most important aquatic research facilities. Instead, the government began dismantling the station at the end of last month. In the space of a few weeks, 11,000 Canadians signed a public petition, sent hundreds of letters of support for the ELA to government officials and held rallies across the country.

Leading scientists from around the world and across Canada support the ELA's cause. Liberal MPs held briefings for all members of Parliament and senators and put forth motions to study the value of the ELA and the potential effects of transferring the facility to a third party.

Following the presentation of two Liberal motions regarding the ELA, in both the Standing Committee on Environment and Sustainable Development and the Standing Committee on Fisheries and Oceans the issue was addressed in camera, without public explanation, and the motions are no longer before the committees.

Scientists suggest the Conservatives are trying to silence a source of inconvenient data regarding climate change with the closures of the Polar Environmental Atmospheric Research Lab, the ELA and with the Kluane Lake Research Station on the chopping block.

The government should know that, despite its denial and stonewalling, the science of climate change simply will not go away.

Motions in AmendmentStrengthening Military Justice in the Defence of Canada ActGovernment Orders

March 21st, 2013 / 10:55 a.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I generally applaud efforts to make points in speeches in this place relevant.

I raised a point of order when my amendments on Bill C-38 were being completely ignored by virtually every set speech of the Conservative members of Parliament. At the point where one member was talking about the economy of Greece, I rose and asked for the relevance to the amendments before us. I was told that they were generally on point because the subject of the bill was economic growth and development.

Therefore, certainly the member for St. John's East was in the ballpark of discussing my amendments, and many previous speeches on other bills have been way out of left field.

The EnvironmentAdjournment Proceedings

March 20th, 2013 / 7:45 p.m.


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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, before getting back to the Navigable Waters Protection Act, I want to point out that my hon. colleague was saying that the Canadian Environmental Assessment Act and the fish habitat protection provisions of the Fisheries Act could apply. However, these two pieces of legislation were targeted in Bills C-38 and C-45. They were amended and the protections were reduced. In fact, the government is attacking environmental protection. Why is there a double standard in the Navigable Waters Protection Act?

If my hon. colleague is saying that we do not need to protect the environment, then why is it that the Treasury Board is protecting the lakes in one riding in particular? This supposedly does not protect the environment. However, those lakes are protected when tens of thousands of other lakes and rivers in Canada are not.

The question needs to be asked. Why this injustice? Why is it that the Treasury Board is protecting lakes in one riding full of rich and famous people? What are we doing for all the other Canadian lakes?

Opposition Motion--ScienceBusiness of SupplyGovernment Orders

March 20th, 2013 / 4:50 p.m.


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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, I would like to mention that I will be sharing my time with the hon. member for LaSalle—Émard.

Today's debate is vital. The current ecological and economic crisis is a reminder that Canada needs to invest in public science and basic research and freely distribute scientific data. Climate change is real, and we are already suffering from its effects. We are at a crossroads, and we need science now more than ever.

Need I remind hon. members that, just 40 years ago, our industries were polluting the St. Lawrence River, we were burning toxic waste and miners were dying of cancer because they did not have the information and protection they needed?

We have come a long way since then. We set up research institutes, cleaned up our lakes and rivers and decontaminated thousands of sites across the country, but there is still a lot of work to be done. Today, we are paying for the mistakes of the past.

Right now, the situation in Canada is of grave concern. This Conservative government is undoing all the progress that we have made over the past decades. By making cuts to scientific research, censoring scientists, abolishing our environmental laws and destroying world-renowned research institutes, such as the NRTEE, the government is setting us back 50 years.

The experimental lakes program is a very good example. For 40 years now, the research conducted on 58 lakes has allowed us to make extraordinary advances in the field of biology that are recognized throughout the world. For example, this research has helped us to better understand the blue-green algae phenomenon and the role of phosphates in the development of cyanobacteria. This research has helped to improve water quality in many of our lakes. And that is not all. The research on these lakes in their natural state has helped to advance scientific studies at the international level. This is the only laboratory of its kind in the world.

Yet the Conservatives do not really seem to understand the importance of this institution. Their decision to do away with the experimental lakes program is a monumental mistake. The government is saying that it will save $2 million by closing this site, yet it costs only $6,000 to operate and replacing it or getting a private institution to run it would cost several million dollars.

What is more, the Conservatives are not considering the cost of depriving our country of data that are essential to preserving the quality of our water. The Conservatives seem to think that this is no big deal, that we will stick future generations with the bill and that they will deal with the problem.

In addition, this week we learned that Fisheries and Oceans Canada had locked up the Experimental Lakes Area cabins and was preventing scientists from accessing the site. Yet Ottawa had announced that it would continue managing the site until next September, but that it would not be paying for any research after March 31.

For months the government has been saying that it is looking for a private sector organization to take over the program, but nothing has happened yet. Britt Hall, a biochemist at the University of Regina and the director of the Coalition to Save ELA, is worried that 44 years' worth of data will be lost and that experiments will be cancelled.

Researchers at Trent University in Peterborough had to stop their work. They were working on the use of microscopic amounts of silver to prevent bacteria. It will be impossible for them to finish their research.

Cuts at the PEARL atmospheric research station in Nunavut also demonstrate this government's lack of a long-term vision. This winter, researchers were not able to gather data. It is important to continue funding research in areas as vital as climate change.

The list of this government's strategic errors is long: cuts to experimental farms and Mont-Joli's Maurice Lamontagne Institute, abolishing Statistics Canada's long form census, cuts to fishery research, cuts at the Canadian Food Inspection Agency, at the Natural Sciences and Engineering Research Council of Canada's major resources support program, and so on.

Thanks to documents obtained under the Access to Information Act, we recently learned that there is concern amongst Environment Canada scientists who are responsible for monitoring air quality. Many of them work in offices in Montreal, Ottawa, Toronto, Edmonton and Vancouver, ensuring that we are complying with laws limiting land and atmospheric pollution. Employees are saying that the government will eliminate positions and that monitoring will be compromised. There is cause for concern.

When the Minister of the Environment goes to Copenhagen, Rio or Durban and says that his government is protecting the environment, but we here in Canada see that cuts are being made to essential, basic scientific research, there is every reason to doubt the sincerity of his remarks.

Yet public research is essential for a developed economy such as ours. The three key players in scientific research—universities, the private sector and the government—all play a fundamental role. The government funds research through programs, institutions and tax credits. Therefore, why eliminate these incentives in science and continue to offer tax breaks to oil companies? That is a double standard.

Public research cannot always be replaced by the private sector. Take Statistics Canada's consumer price index, for instance. Only the government can measure it, and companies really need that information.

Yves Gingras, a professor who is the Canada Research Chair in history and sociology of science at UQAM, said:

People often say the Conservatives are opposed to science. I think instead that they are in favour of strategic ignorance, so they can justify their inaction in certain areas that could hurt industries. When fishers observe that there are fewer fish, the government will be able to tell them that it does not know why and that the government is not to blame if it could not predict the shortage.

It is troubling to see that these cuts to science are accompanied by drastic changes in environmental legislation. With Bill C-38, the Conservative government drastically modified the environmental assessment process for hydrocarbons. Consultations were reduced to a minimum, almost to nothing, in fact. With Bill C-45, it took away all protection for our lakes and rivers.

All of this is accompanied by a culture of secrecy and censorship that has been imposed by the Conservative government since 2006. The prestigious Royal Society of Canada, an institution that has been around for more than 100 years and whose members are scientists in all fields, wrote an open letter to condemn the Conservatives' attitude. The Royal Society of Canada made a very simple request, namely, that the government stop preventing scientists from announcing their discoveries to the Canadian public. It is a fairly basic request. In a democratic society, it is important to discuss what action to take based on fact rather than simply being guided by ideology.

For instance, the census is one of the tools that enabled Canada to become one of the most developed countries in the world. It is one way for the government to develop targeted, effective public policies. For instance, it tells us what the average age is in a given area, which helps public health authorities target their actions. It guides entrepreneurs who are looking for opportunities, by mapping out the average income in a given region. It also helps community organizations that want to reach out to a specific clientele.

Let us talk about the status of French, since today is the International Day of La Francophonie. The status of French in Canada is another example that proves how useful the census can be. The data collected made it possible to accurately follow major linguistic trends, thereby allowing governments to adapt their policies in order to ensure the vitality of the French language. Unfortunately, the Prime Minister could not care less. He has decided to put his own ideological interests ahead of the country's interests.

For a government that claims to care about important issues like economic development, public health, the environment and the status of French, its attitude—tossing aside all scientific data and muzzling scientists—is not very responsible.

In my opinion, good public policies should be based on proven, credible facts. We will continue to advocate for complete freedom for all Canadian researchers and an end to this censorship.

I hope the Conservatives will put their shoulders to the wheel and support this important motion, so that our scientists can restore their image, regain their zeal and continue to participate in the essential research that Canada so desperately needs. Above all, I hope that we can give new hope to young Canadians who are thinking about a future in innovation, research, science and technology.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 4:55 p.m.


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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-55, An Act to amend the Criminal Code, which has been introduced in response to the decision of the Supreme Court of Canada in R. v. Tse.

This bill is now at third reading and the NDP will support it. The bill finally corrects a number of previous errors. In response to the Supreme Court's decision in R. v. Tse, it amends the Criminal Code to provide for safeguards related to the authority to intercept private communications without prior judicial authorization under section 184.4 of the Code. The bill makes three provisions in particular.

First, it requires the Minister of Public Safety and Emergency Preparedness and the Attorney General of each province to report on the interceptions of private communications made under section 184.4. Second, it provides that a person who has been the object of such an interception must be notified of the interception within a specified period. Third, it narrows the class of individuals who may make such an interception and, lastly, limits those interceptions to offences listed in section 183 of the Criminal Code.

We are genuinely pleased that the Conservative government has finally introduced Bill C-55. I say "finally" because the government has dragged its feet on this matter.

This bill refers to the obligation set by the Supreme Court, which revealed a deficiency. There was an imbalance between the right to privacy under the Canadian Charter of Rights and Freedoms and the right to security. There was thus an intrusion of privacy. That is why this bill now strikes a balance between the right to privacy and the right to security.

We now have accountability. Now no one may engage in wiretapping at will, without being accountable. A person who has been wiretapped must be notified within 90 days. Why is this aspect important? Now if an individual who has been wiretapped believes that his or her right to privacy under the Charter of Rights and Freedoms has been violated, that individual may institute legal proceedings against the individuals in question and seek redress. That will help limit overzealous peace officers.

In addition, the number of individuals who may conduct wiretap will now be limited, a fact that also helps strike a balance.

However, the bill is also a response to a total failure by the Conservative government after it introduced its infamous Bill C-30. That bill constituted a direct attack on people's right to privacy and certainly violated the Canadian Charter of Rights and Freedoms. It was also drafted by the Conservatives in a wholly improvised manner.

It is very important that the NDP remind the Conservatives how crucially important and even essential it is for them to scrutinize all new bills they table in the House of Commons in future. Those bills will have to be well analyzed and checked, and reviewed by lawyers to be sure that they comply with the Canadian Charter of Rights and Freedoms and the Constitution of Canada.

As a result, the Supreme Court will not be required to hear lengthy and costly cases that waste the precious time of all Canadians. That is essential, and I want to recall that point so that the Conservatives learn a good lesson from it.

It is very important to go through all the stages in a democratic process properly. Unfortunately, the Conservatives have a bad habit of wanting to do everything at lightning speed without due regard to the democratic process.

I need only recall its bad budget implementation legislation, Bills C-38 and C-45, omnibus bills of 400 pages each that prevent us from doing our democratic job and from getting to the bottom of things, just as the notorious Bill C-30 did.

In that case, the bill does not make it through the process to committee stage and is neither examined nor evaluated. If there are any deficiencies or aspects that do not comply with the Canadian Charter of Rights and Freedoms or are unconstitutional, we wind up with a botched job and have to turn to the Supreme Court to assert our rights.

That is why the judgment in R. v. Tse is important. I hope it will finally teach the Conservative government a lesson so that it acts in a systematic and democratic manner in future in order to ensure compliance with the Canadian Charter of Rights and Freedoms and the Constitution of Canada.

I will go into slightly greater detail on the subject of Bill C-55. This bill requires that an individual whose private communications have been intercepted in situations of imminent harm be notified of the situation within 90 days, subject to any extension of that period granted by a judge. The bill would also require annual reports to be prepared.

The preparation of annual reports on interceptions of telephone surveillance is truly important in determining whether abusive wiretap has taken place and in being able to monitor such wiretaps. The requirement to prepare an annual report will help keep an eye on all that. The reports will also enable other authorities, such as the Office of the Auditor General, to monitor what is being done in that regard to ensure that the act and the spirit of the act are complied with, that there are no abuses of justice and that the privacy of Canadian citizens is respected. Annual reports must be prepared on the manner in which information intercepted under section 184.4 is used.

These amendments would also limit the authorization that police officers are granted to use this provision. As I mentioned, all peace officers currently have access to it. Its use would thus be limited to the offences set out in section 183 of the Criminal Code.

It is very important that there be accountability for this wiretapping. We know that there may be threats or moments when a security breach can suddenly call for warrantless wiretaps. At that point, however, there must be accountability because there must be no serious abuses or violations of citizens' privacy.

On that point, I consider it important to note again that the NDP believes it has a duty to ensure compliance with the Canadian Charter of Rights and Freedoms and that public safety is not undermined.

To sum up, it is important to remember that this new bill is no more than an update of wiretapping provisions that the Supreme Court ruled unconstitutional. The court also set new parameters for the protection of privacy.

We believe that the bill meets the standards, and that Canadians have good reasons for apprehension about the Conservatives’ bill with respect to privacy. As I said, their track record in this area is not very impressive. Fortunately, this bill brings balance to the earlier imbalance. We must continue to be vigilant, however.

The NDP will continue to be vigilant with respect to the Conservatives’ bills. In the past, we have seen abuses. We saw abuse in the infamous Bill C-30. We have also seen the familiar dichotomy that the Conservatives love to present, whereby everything is either black or white, but there is no grey, so that is completely false. Bills must be referred to committee for study.

I am happy that my colleague from Beauport—Limoilou has returned to hear my comments, because he quite rightly mentioned just now the importance of committee work, and how essential committee work is to a sound democracy. I am a member of the Standing Committee on Environment and Sustainable Development. Like my hon. colleague from Beauport—Limoilou, I know how very important this little-known work is. We meet with experts, and we propose amendments and additions to bills to ensure that they are as close to perfect as possible, that they respect the Canadian Charter of Rights and Freedoms and the Constitution, and that they will be worthwhile and improve the well-being of Canadians in our wonderful country.

In closing, we find Bill C-55 well constructed. We appreciate it, because it finally brings balance between privacy and the need for security. That does not mean that we support all of the Conservatives’ bills. On the contrary, they have introduced abusive and infamous bills in the past. Bill C-30 was a horror—need I say again— because it was an absolute threat to people’s privacy. It was a purely conservative bill in the ideological sense of the term. It was an ideological vision.

I know that members who sit on the Standing Committee on Justice and Human Rights criticized Bill C-30 repeatedly. I further believe that my colleague from Beauport—Limoilou was a member of the committee at the time. No, not quite. However, I know that other colleagues, for example my colleague from Gatineau, worked very hard to criticize the infamous Bill C-30, which was a genuine threat to privacy.

Bill C-30 regrettably demonstrated that the Conservatives can often say outrageous things. Truly outrageous things were said in the House when Bill C-30 was introduced. There were incredible dichotomous comments such as “either you are in favour of security and safety or you are on the side of the pedophiles”. It was a horrible speech with no room for grey areas or other comments. After all that, they backed down on Bill C-30 and introduced a bill that made sense—Bill C-55. I do not often congratulate the Conservatives. They should make the most of it today.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 4:25 p.m.


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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I thank my hon. colleague from Beauport—Limoilou for his excellent speech, which was well researched and explained. He gave a good overview of this legislation and its origin. This was the result of an absolute mistake on the part of the Conservative government, which did not do its homework and brought in a bill that undermined our integrity and our right to privacy.

This bill finally achieves a balance between the right to privacy and the need for security. That was very important. He also mentioned that the government sometimes tended to get in the way of the democratic process and democracy. Bill C-38 and Bill C-45—two undemocratic omnibus bills—are examples of that. Another example is the work done in committee and the abuse of power, in committee, when the government chooses to hold in camera meetings.

I would like to hear what the member thinks about the fact that the government should act much more democratically and should respect the Charter of Rights and Freedoms and the Constitution.

Motions in AmendmentResponse to the Supreme Court of Canada Decision in R. v. Tse ActGovernment Orders

March 18th, 2013 / 1:45 p.m.


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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, as we know, Bill C-55 is of great interest to me, particularly because it reveals and illustrates the extent of the Conservative government’s failure. The government always wants to move too quickly without showing any concern for our country’s most democratic and most important documents, the Canadian Charter of Rights and Freedoms and the Constitution.

On this topic, I would like my hon. colleague to explain how the failure of Bill C-30 and the recent introduction of Bill C-55 show that it is important, when drafting a bill, to take the time to ensure that it is consistent with the Canadian Charter of Rights and Freedoms and Canada's Constitution.

The fact that the Conservative government wanted to do everything in its power to push through Bill C-30, even though it respected neither the substance nor the spirit of the charter, is indicative of the government's lack of interest in and sensitivity to the importance of Canadian institutions.

That is the question I would like to ask my hon. colleague, particularly in view of omnibus bills like C-38 and C-45, which were put together very quickly and did not comply with the prescribed time limits.

Motions in AmendmentResponse to the Supreme Court of Canada Decision in R. v. Tse ActGovernment Orders

March 18th, 2013 / 1:30 p.m.


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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I would like to thank the hon. member for her excellent speech and the comments that she made about Bill C-55.

Throughout this early afternoon, I listened to what the other members had to say about the importance of this bill, which will remedy a flaw or close a loophole that the Conservatives left in Bill C-30, which is truly an aberration. The Conservatives ended up abandoning this bill because public pressure put them in their place.

The Conservatives are in the bad habit of doing things too quickly, without worrying about respecting the charter and the Constitution, for example. This is a problem that we do not mention often enough and a Conservative shortcoming.

I would like the hon. member to comment on omnibus bills such as Bill C-38 and Bill C-45, two bills that are nearly 800 pages long and that were examined very quickly. The government does not take the time to check whether it is abiding by Canada's key pieces of legislation, namely, the charter and the Constitution.

Technical Tax Amendments Act, 2012Government Orders

March 8th, 2013 / 10:15 a.m.


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NDP

Tarik Brahmi NDP Saint-Jean, QC

Mr. Speaker, it is a great honour today to take part in the debate on Bill C-48, the short title of which is the Technical Tax Amendments Act, 2012. Its full title is An Act to amend the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the First Nations Goods and Services Tax Act and related legislation.

This is obviously an enormous bill, comprising nearly 1,000 pages. More particularly, it is a very technical bill for the majority of members and myself, who are not tax specialists.

The purpose of Bill C-48 is to make amendments to the Canadian tax system that have been developed over more than a decade. Although we may wonder why the bill is long and voluminous, we can downplay that aspect because this bill nevertheless deals with a single subject, which was not the case with the mammoth bills the government previously introduced, Bills C-38 and C-45. Those bills concerned matters that were unrelated but that had nevertheless been grouped together based on an utterly debatable and debated logic.

Let us talk a little about the importance of taxation to Canadians, especially in this month of March when all our constituents are completing their tax returns. I do not believe our constituents are opposed to the idea of paying taxes, but they are appalled at times to see how their taxes are used at every level of government.

We are currently thinking of Quebec, in particular. In my riding, I hear a lot of talk about the Charbonneau commission and about the investigations that UPAC is conducting in Quebec on how taxes have been diverted from their primary purpose, the creation of infrastructure, at the provincial and municipal levels. Faced with misappropriation and corruption, Canadians—and I believe this is particularly true here in Quebec—are appalled at times by the wrongful manner in which their taxes are used; they are not being used properly.

When taxes are used properly, to expand infrastructure, for example, Canadians are quite happy to take part in this national effort. They are even asking us to do more, particularly with regard to infrastructure.

Although we can only be pleased that good measures are finally being included in Canada's tax legislation, we have reason to be concerned about the size of a bill that is nearly 1,000 pages long. Although it is true for all governments, this nevertheless shows that this government in particular should manage the tax code more effectively and work harder to ensure that statutory measures designed to enact tax proposals are regularly introduced.

With respect to the matter before us, the last technical tax bill was passed in 2001. In the update that she tabled in the fall of 2009, Sheila Fraser, then Auditor General of Canada, said she was concerned that at least 400 technical amendments had not yet been adopted. Although 200 of the amendments she referred to now appear in Bill C-48, hundreds of others have not yet been passed.

Bill C-48 includes some promising measures. Part 4, for example, provides for technical changes to the Excise Tax Act, repealing a measure that has not been used since 1999. Part 7 clarifies the minister's authority to amend tax administration agreement schedules, provided that does not make any substantial change to the terms and conditions of those agreements. Part 7 also enables the First Nations goods and services tax, imposed under a tax administration agreement between the federal government and an aboriginal government, whatever it might be, to be administered through a provincial administration system that also administers the federal goods and services tax.

This change will simplify administration of the First Nations Goods and Services Tax Act. These are quite promising measures.

This bill also addresses an aspect that is very important for Canadians and, more generally, for people around the world, and that is the problem of tax evasion. My colleague who spoke earlier mentioned Greece. One of Greece's major problems was not necessarily mismanagement or living beyond its means, but rather its level of tax evasion, which was incompatible with the revenue inflows to be expected in a country that aims to be worthy of that name, a country that should have quite a high level of taxation to pay for the goods and services that every government should provide. Where tax evasion levels are too high, they have a direct impact on essential public services. We have seen this in Greece, for example, and it is indeed a serious problem. A number of social problems result directly from those taxation problems.

Any reasonable person would agree that any amendments that increase tax revenue, discourage tax evasion and, as a result, ensure the integrity of our tax system are positive. We therefore need to adopt them as quickly as possible. What is more, most of these measures have already been in place for several years since, tax measures often take effect as soon as they are proposed.

The NDP is of the opinion that cracking down on tax evasion and avoidance should be a priority for any honest and responsible government. That is what we will do when we take office in 2015. We will do even more to make combatting tax evasion a priority.

I must also say a few words about my NDP colleagues who are members of the Standing Committee on Finance and who, since the beginning of this new Parliament, have been continually pushing the committee to complete its study of tax evasion.

One of the questions we have been considering is this: how can we successfully combat tax evasion? We must use measures targeting certain rental properties and Canadian multinational corporations with foreign affiliates. We must impose limits on them with regard to the use of foreign tax credit generators.

I would like to add that the committee heard from a number of witnesses. I would particularly like to quote Denis St-Pierre, who testified during the pre-budget consultations held on October 15, 2012. Mr. St-Pierre, chair of the tax and fiscal policy advisory group of the Certified General Accountants Association of Canada, said:

First, the government must introduce a technical tax amendments bill. The last time a technical tax bill was passed by Parliament was over 11 years ago. Literally hundreds of unlegislated tax amendments to the Income Tax Act—which I showed this committee last year by bringing the Income Tax Act, if you recall—have been proposed, but not yet enacted, which brings uncertainty and unpredictability to the process.

This reminds us of just how much tax professionals, including chartered accountants, want to see a provision that would make their everyday work clearer.

So, for the reasons I have just mentioned, I will support Bill C-48 at second reading. The main reason is that the tax measures it contains are a step in the right direction, and it has already taken too long to incorporate them into our tax legislation.

Employment InsuranceAdjournment Proceedings

March 5th, 2013 / 6:15 p.m.


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NDP

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

Mr. Speaker, I am speaking today to go into further detail about an issue I raised in the House last November. I asked the Minister of Human Resources and Skills Development why access to employment insurance was being further restricted for those who need it most and who have paid into the program.

Just who are the people being denied employment insurance benefits? There are no records being kept. People have come to my constituency office. They are looking for work, and they start looking early in the morning and finish late at night. They want to work. They are not earning any money and are not part of any statistics. They are unfortunate enough to be looking for work either in a field where the government cut nearly 19,000 positions—the federal public service—or in seasonal industries. I am thinking about the man who shingles roofs or the woman who works on-call as a benefits clerk.

In November, I talked about new data from Statistics Canada that showed that only 40% of unemployed workers were collecting employment insurance benefits. In other words, over half of these people are not getting a service for which they pay. This is the lowest access rate in 10 years. It is outrageous.

I cannot accept the answer given by the Parliamentary Secretary to the Minister of Human Resources and Skills Development, who said that around eight out of 10 individuals in Canada qualify for employment insurance. What the parliamentary secretary said completely contradicts the data from Statistics Canada.

Restricting access is part of the Conservative government's pseudo-solution to save money on the backs of the unemployed. This is the Conservative government's scheme to save money by taking it from the fund that belongs to workers, from the benefits they should receive when they are between jobs, until they find another job or return to their regular job when seasonal work starts up again.

Since the introduction of the employment insurance counter-reform, Bill C-38, thousands of Canadians have spoken out against the negative affects these changes will have on our economy, and have called this a direct attack on unemployed workers.

One of the direct consequences of reducing employment insurance is a lower unemployment rate. In turn, claimants will have to have more qualifying hours, and they will receive fewer weeks of benefits. When the unemployment rate goes down in a region, residents there receive fewer weeks of benefits. That is clear.

The government is once again limiting access to employment insurance by changing the appeal mechanisms for workers who are denied. We have proven that it will become increasingly difficult for claimants to appeal. It will have to be done in writing, and the wait times are increasing for responses. Not to mention the fact that there are fewer people to respond to claimants or to potential claimants hoping to receive benefits, since they are among those 19,000 people I mentioned earlier, who are unemployed and looking for work.