Bill C-38 (Historical)

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

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.

Report Stage

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Madam Speaker, I rise again today to speak to Bill C-38, this time at report stage. I made a speech on May 8, 2012, at second reading of this bill. It will be very easy for me to repeat the same points.

I could repeat all of my notes word for word, since this mammoth bill made it through the Standing Committee on Finance in less than a week, and we are now at report stage with the same bill, without amendment.

The government's insistence on pushing through this bill in the face of strong opposition from across the country is, in my opinion, a serious problem. I would like to quickly remind members of some examples of problems that the official opposition has brought up in recent debates on this bill.

Bill C-38 aims to implement budget 2012, but it goes well beyond the budget. It contains not only the measures described in the budget, but also several changes that were not announced previously.

Consider the environment. My colleague opposite was talking about it five minutes ago. At least one-third of Bill C-38 is dedicated to environmental deregulation. It is 2012, and here we have a budget that promotes environmental deregulation. Yes, the government is doing what it said it would in terms of the environment, such as withdrawing from the Kyoto protocol. People did not agree with that, yet the government not only stood its ground, it also added new, previously unannounced measures.

As we all know, Bill C-38 repeals the Kyoto Protocol Implementation Act, which means that the government is no longer required to report its greenhouse gas emissions. That is a major problem.

Bill C-38 also repeals the current Canadian Environmental Assessment Act, replacing it with a new assessment regime designed for the approval of major projects, such as oil pipelines, naturally. In my opinion and that of all environmental groups and my colleagues, this measure renders all environmental protection regulations utterly meaningless.

Bill C-38 also targets environmental groups. It changes the rules used to determine the extent to which a charity is involved in political activities.

The bill also gives the Minister of National Revenue the authority to suspend the tax-receipting privileges of a registered charity that devotes too many of its resources to political activities. What is the limit here? What exactly defines the political activities of a charitable organization that might sometimes oppose a government measure? Strangely, this attack directly targets groups that oppose the government's ideas. How interesting. Soon the Conservatives will be attacking freedom of expression.

I can also talk about our seniors who worked their whole lives, who worked hard for many years. They will be forced to work two more years before they can retire. I am sure everyone here knows that my party has been opposed to this measure for quite some time. We continue to oppose it and we will not back down.

Bill C-38 also attacks industry and agriculture. The Canadian Food Inspection Agency is one of a number of agencies that will be excluded from the Auditor General's supervision. The bill eliminates all references to the Auditor General in the Canadian Food Inspection Agency Act. The government is giving itself yet another power.

For instance, the part of the act that was once called “Accounting and Audit” will henceforth be called simply “Accounting”. Talk about transparency.

Mandatory financial and performance audits by the Auditor General have also been eliminated—another excellent example of transparency.

I could go on and on. Bill C-38 also 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.

This change opens the door to allowing private entrepreneurs to do food inspection-related work. It also sends a troublesome message about the growing use of privatization. In other words, the rich might get access to safe food, but the government does not seem to care what everyone else gets. That is the message I am hearing.

The Canadian Medical Association Journal has been highlighting the loopholes in our food safety system for a long time and has warned that Canadians will be eating at their own risk, which is serious.

The NDP has held a series of public consultations across Canada to listen to the comments and concerns of Canadians. On June 2, I personally invited people from my riding to share their concerns and to ask questions. Representatives from Mouvement Action Chômage; the president of the local chapter of the Union des producteurs agricoles, the UPA; and the president of the Conseil québécois de l'horticulture joined the panel of guest speakers.

Mouvement Action Chômage is particularly concerned about the changes to employment insurance. We have been talking about it for several weeks. However, the government does not seem very open. The NDP is worried about seasonal workers who will have to broaden their job searches and work for less, down to 70% of their current salary. SMEs will be affected by these measures and it will be hard for them to provide their employees with enough hours, to retain their employees and to train them properly.

For a riding like mine, these changes will have considerable repercussions on the availability of qualified labour, which is also a problem. As I have said, the SMEs will have to pay the costs.

It is also interesting to point out that the SMEs represent a significant percentage of the jobs in Canada. If we want people to have jobs, it is important to help those who provide them--SMEs, for example--but that does not seem to be logical for this government.

In agriculture, the UPA local in Montérégie has complained about the repercussions of the cuts on the region. In eastern Montérégie, of which my riding is part, the growing forward program represents 47% of agricultural income in Quebec. It will not be just my riding that is affected; Quebec will be affected too.

There are also repercussions on research and on the development of new types of agriculture. Canada is a highly agricultural country and my constituency is especially so. Many constituents have asked questions about agriculture. One of them also asked me what would happen with the aboriginal communities in the north. There is nothing in the budget for them. For Attawapiskat, for example, the government has done nothing, and is still not doing anything.

I also remind the House that the budget contained nothing about housing and homelessness. Even though all these measures will plunge more Canadians deeper into poverty, there is nothing to help them.

Canadians are afraid of this bill, a monster bill. People in my riding have realized that the government has very, very loose parliamentary rules. People are not stupid; they know that they still have the power and that public pressure can make a government back down. The government is fully aware that, in less than four years, it will have to be accountable to all Canadians. If the government continues to lose the confidence of the people, they will not give it a second chance.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Madam Speaker, I wanted to ask the hon. parliamentary secretary a question, but I will instead ask my colleague because she raised some very legitimate doubts about environmental protection.

When the Parliamentary Secretary to the Minister of the Environment gives us statistics on the expansion of the oil sands, we have a problem. When the Parliamentary Secretary to the Minister of the Environment tells us about large oil companies, we have a problem. We have a very big problem here. We are seeing where this government's priorities lie.

During her 10-minute speech, the Parliamentary Secretary to the Minister of the Environment barely spoke about environmental protection. However, she did speak about the interests of oil companies and the oil sands. It is totally absurd.

I would like to hear what my colleague has to say about the government's utter lack of transparency and willingness to protect the environment.

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Madam Speaker, I would like to thank the hon. member for her very intelligent question.

Indeed, I find it very absurd that the hon. member is not at all concerned about real environmental protection and the conservation of our environment, which is of paramount importance to Canada. Instead, the hon. member is concerned about the interests of large corporations and big oil companies.

That is a real problem, especially since environmental groups are being attacked here, when they have been doing an outstanding job for years with very limited resources. They do a lot with a little. Those groups are being attacked and large corporations are getting a hand up. That is a bit illogical, and it is very disturbing.

I do not have any children yet, but when I di, I intend to leave them a healthy country and planet. That is not what is currently happening with our government. I am particularly concerned about that.

[Mark Warawa, Conservative, Langley, BC]

Madam Speaker, I want to thank the member for her insightful and very interesting discussion.

I want to ask her if she has been to the oil sands and if not, whether she is planning on going to the oil sands.

I think that if every member here were to actually go out and visit things, they would get a different perspective. We often speak in ignorance. I just want to know, has she actually been to the oil sands to see them first-hand?

The second part of my question is this. Why is the NDP actually filibustering and trying to keep the government from moving forward and doing positive things for the environment? That is exactly what the parliamentary secretary wanted to do. Indeed, we want to create that wonderful balance so that we have jobs and a healthy environment.

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Madam Speaker, I thank the hon. member for his question.

My answer to him is that I also invite him to come visit my riding so that he understands the reality of agricultural workers, the reality of agriculture in my riding. That would be very interesting. Perhaps we should also go to the riding of the hon. member who spoke previously to meet the fishermen who are seasonal workers. It might be an interesting experience to finally expand our horizons a little.

No, I have never visited the oil sands, but I would be more than happy to go if the hon. member invites me.

[Candice Bergen, Conservative, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, I appreciate so much this opportunity to highlight some of the very important initiatives in the jobs, growth and long-term prosperity act, and to underline why we cannot let the NDP and the opposition more generally delay and defeat this important legislation.

Over the last few weeks we have seen the extreme left-wing ideology of the opposition members, not only in terms of their negative attitude toward such an important industry in Canada as our energy sector, but also most recently in the attitude of the Leader of the Opposition, as well as the leader of the third party, in their ridiculous idea of pumping millions and billions of dollars of good money after bad into Europe. Canadians are seeing the reality and the left-wing socialist ideology behind both opposition parties.

Let me begin by reassuring Canadians that unlike the NDP opposition, our Conservative government is focused on the economy, jobs and growth. While the opposition is looking at delay and conducting partisan games, we are focused on implementing economic policies that increase the prosperity and the well-being of Canadians.

Let me quote a recent Toronto Sun editorial for the benefit of the House. This is about what Canadians are saying about the NDP and the opposition delaying tactics. It states: “As Europe stands poised on the brink of a disastrous economic wildfire that could blacken the world, NDP leader['s] hypocrisy and self-obsession is in full flame....vowing to delay the passing of [the budget] by playing silly...with amendments and procedure.... This is nothing but grandstanding.... Right now, there is only one enemy in our fight to protect Canada from the repercussions of Europe's burning. And it's [the NDP leader].... This is inarguable.”

Indeed, since 2006, our government has supported the security and prosperity of Canadians and promoted business and investment to create jobs. When the global financial and economic crisis struck, these underlying strengths helped Canada to avoid a deep and long-lasting recession. Our government's sound fiscal position prior to the crisis provided the flexibility to launch the stimulus phase of Canada's economic action plan, which was timely, targeted and temporary in order to have maximum impact. This plan was one of the strongest responses to the global recession among the Group of Seven countries. The broad-based business tax reductions are reducing the costs of operating in Canada, making investment here more attractive, thereby encouraging firms to invest more in all sectors of the Canadian economy. This is increasing wages, creating jobs and raising the standard of living for Canadians. Along with our strong fiscal position, the solid banking system, and sound monetary policy, we believe that this approach to encouraging investment is the best way to improve the productivity of our businesses and indeed the prosperity of all Canadians.

However, we also have been clear. We believe that all Canadians should pay their fair share of taxes and not use loopholes to avoid their taxes. That is why our government has closed over 40 tax loopholes in recent years to improve the fairness and integrity of the tax system. The jobs, growth and long-term prosperity act takes further action on this front by modifying the penalty for making unreported tax shelter sales, to better match the penalty to the purported tax savings of the unreported tax shelter.

We understand that taxpayers willingly and honestly provide a portion of their hard-earned income to fund health care, social programs and other vital services that benefit all Canadians, demanding only in return that governments manage their tax dollars wisely and that their taxes be kept low. For our government, this is a solemn responsibility that we take very seriously. We understand fully that sustaining a voluntary tax system rests on the foundation of tax fairness.

In that context, and as part of the jobs, growth and long-term prosperity act, I would like to spotlight the improvements that we are making to enhancing transparency and accountability for charities. I think I can speak on behalf of my riding of Portage—Lisgar as one of the highest givers to charities. It is also one of the strongest Conservative ridings in the country, voting with a 76% plurality. It is quite interesting that in a very strong Conservative riding, Conservatives are willing to give back and willing to give to charity. They are not looking to the government and they are not looking to taxpayers to give to charities: they take out of their own pocketbooks. I would challenge socialists and NDPers to do the same thing.

Our government recognizes the invaluable role that charities play in communities across Canada. Canada has one of the largest charitable and non-profit sectors in the world, with more than 160,000 charities and non-profit organizations that help address some of the most daunting challenges that Canada faces.

Tax support for registered charities in Canada is considered to be among the most generous in the world, and that is important because there are so many great charities in Canada that do excellent work and they do that excellent work because of the generosity of Canadians.

Registered charities are exempt from tax on their income and may issue official donation receipts for gifts received. In turn, donors can use those receipts to reduce their taxes by claiming a charitable donation tax credit for individuals or charitable donations tax deduction for corporations.

In 2011, federal tax assistance for the charitable sector was nearly $3 billion. However, when Canadians give their hard-earned dollars to a charity they need to be confident that their donation is being put to good use.

Recently, concerns have been raised that some charities may not be respecting the rules regarding political activities. There have also been calls for greater public transparency related to the political activities of charities, including the extent to which they may be funded by foreign sources. Accordingly, to enhance charities' compliance with the rules with respect to political activities, economic action plan 2012 proposes that the CRA enhance its education and compliance activities with respect to political activities by charities. The plan also proposes to improve transparency by requiring charities to provide more information on their political activities, including the extent to which these are funded by foreign sources.

In addition, the plan proposes that the Income Tax Act be amended to restrict the extent to which charities may fund the political activities of other qualified donors, and again, an important aspect of our charitable donation system. Canadian taxpayers want to ensure that when they are giving these funds that they are not going toward political activity. It also proposes that new sanctions be introduced for charities that exceed the limit on political activities or that fail to provide the Canada Revenue Agency with complete and accurate information with respect to any aspect of their annual return.

These measures will help reassure Canadians that they can give with confidence knowing that donations of their hard-earned dollars are used to support legitimate charities.

Amazingly enough, even Toronto Star columnist, Thomas Walkom, who is no friend of our Conservative government, has voiced support for this provision. He said:

When [the] Prime Minister...says charities that engage in too much politicking should be denied tax subsidies, he’s right.

There’s no good reason why environmental groups that oppose oil pipelines should be able to finance their activities, in part, on the backs of the general taxpayer.

When passed, the jobs, growth and long-term prosperity act will take action to provide tax relief for numerous health care services, drugs and medical devices. This is good news for Canadians across the country. This will reflect the evolving nature of the health care sector and better meet the health care needs of Canadians.

Specifically, today's legislation before us seeks to exempt from the GST pharmacists' professional services, other than their prescription drug dispensing services, as well as expand the list of medical devices eligible for tax relief under the GST and income tax systems to include blood coagulation monitors.

In my time allotted today I have had the opportunity to touch on just a few of the very important tax measures that are in the jobs, growth and long-term prosperity act. I would encourage all members of the House to read the legislation and give it the support it deserves.

[Paul Dewar, NDP, Ottawa Centre, ON]

Madam Speaker, I want to quote an MP, who said the following:

—it has become a standard practice with governments to bring in omnibus legislation following every budget under what we might call the kitchen sink approach....

How can members represent their constituents on these various areas when they are forced to vote in a block on such legislation and on such concerns?

We can agree with some of the measures but oppose others. How do we express our views and the views of our constituents when the matters are so diverse? Dividing the bill into several components would allow members to represent views of their constituents on each of the different components in the bill.

It was, of course, the Prime Minister who said that in 1994, and this is a bigger bill.

My question is about process. Does the member believe in what the Prime Minister said in 1994? How can she get behind a bill like this with the logic of the Prime Minister in 1994, which I agree with, on this approach, which is highly undemocratic?

[Candice Bergen, Conservative, Portage—Lisgar, MB]

Madam Speaker, we are in 2012. We have just come through one of the greatest recessions that our globe has seen. What Canadians have asked our government to do is to continue to implement a successful economic action plan that has gone from implementing stimulus into the economy to, at this point, reducing the deficit, as well as implementing a number of measures that Canadians have been asking us to do.

I have been hearing in my riding, since and I was elected and before that, people say that we should do something to streamline the Fisheries Act. These are measures that Canadians have asked our government to undertake. The opposition is only concerned with delaying. It is criticizing our oil industry and talking about pouring a lot of money into Europe. We are focused on Canada, on growing our economy and on making our country stronger.

[Geoff Regan, Liberal, Halifax West, NS]

Madam Speaker, by April 2008, three years after the government came into office and before the recession began, the country was back in deficit, as my hon. colleague may know. By March 31, 2009, the end of that fiscal year, there was a deficit of $5.8 billion and stimulus spending did not start until later that year. In fact, by June of that year there were articles in which municipalities were complaining that it still had not started.

In view of the fact that the government put us in deficit before the recession began, how much responsibility does she feel her government bears for the cuts that are now resulting?

[Candice Bergen, Conservative, Portage—Lisgar, MB]

Madam Speaker, it is very clear from the results of the last election who Canadians put their trust in when it comes to the economy, stimulating the economy and reducing the deficit. That is our Conservative government.

It was very clear that, when the Liberals were in government, their idea of reducing spending was slashing transfers to the provinces. We have done the exact opposite. In fact, we have guaranteed the amount that provinces are receiving, for example, for health care.

We presented a plan to Canadians. Everything that we told Canadians we would do we are doing. Canadians know they can count on this government. When we make a promise, we keep our word. When we campaigned, we met and consulted with Canadians. We said that we had a spending plan that was targeted and temporary. Now we are moving forward, continuing to see jobs, growth and prosperity, but also reducing the deficit. The result is a Conservative majority and the Liberals over there in the third spot.

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Madam Speaker, with Bill C-38, when I talk to other members of the House and others who have been around for a while, I feel that we are witnessing a massive transformation of our country as we know it and, unfortunately, it is our future generations who will bear the consequences of these reckless actions today.

We are told that somehow all the budget cuts are necessary in these difficult times. We have the cutting and slashing of the programs that we as Canadians value, and legislation that protects us is also being cut, all this against a backdrop of massive corporate tax cuts.

I would like to remind the members of the House that, between 2006 and 2014, the government will have given over $220 billion worth of corporate tax cuts to the corporations that do not need this money. We can just think about what $220 billion could do for our country.

In addition to that, we have had over $50 billion stolen out of the employment insurance fund. Now, fewer than 60% of those who are eligible receive this money because of the fact that the government wants to make more cuts.

This massive 421-page bill not only contains measures outlined in the budget but also includes many previously unannounced changes. A full one-third of Bill C-38 is dedicated to the gutting of environmental regulations and protection.

In addition, the bill includes a series of previously unannounced measures that will contribute to a less transparent and more secretive environment, including a massive gutting of the powers of the Auditor General.

Among other things, this bill raises the eligibility age for old age security and guaranteed income supplement benefits from 65 to 67. It weakens the environmental assessment system and the measures to protect fish habitats, in order to expedite approval of large projects, including pipeline projects.

This bill also repeals the Fair Wages and Hours of Work Act, which will allow employers to circumvent the wage rates set by unions for construction workers hired on projects funded by the federal government.

This is an important point. This was outlined by my colleague, the member of Parliament for Winnipeg Centre, who found this one line in the budget that basically guts the rights of construction workers to have contracts that must pay the prevailing wage. Combine that with other recent Conservative legislation that allows contractors to get temporary foreign workers within 10 days, eradicating fair wages and hours from the laws, it is yet another nail in the coffin of Canadian labour rights.

International brokers or, as my colleague from Winnipeg Centre described them, labour pimps, pedal foreign workers from all over the country for construction projects. What does this mean? Soon, all a company will have to do is post an ad in the paper saying that it wants carpenters for $8 an hour, no overtime and no benefits. In the likely event that nobody applies within 10 days, international labour pimps can be called to provide all the manpower needed at the prevailing provincial minimum wage.

It does not take a lot of imagination to see how such an easy access to cheap labour will drive down construction costs on the backs of Canadian workers in the largest employing industry sector in the country and the trickle down effect this will have on our economy.

I have a few letters that I would like to read into the record that I have received, as all of us have from our constituents. One letter is from Castlegar. A constituent writes:

It therefore is distressing in the extreme to see the Conservative party taken over by a distorted...world view that has more in common with the current state of the Republican Party in the USA than it does with the kind of conservatism practiced over time in Canada. Voter suppression, unlimited power to corporations, the suppression of science and denial of scientific knowledge are not historically Canadian practices....

This is another quote:

I am becoming very disheartened about our country, due to the threats to our democracy...and the potential disasters that could befall our northern coast and rivers if the pipeline is approved.

Please continue fighting this ludicrous project! I spent many years on Haida Gwaii and know the challenges of running boats in those northern waters. Even when things are “normal”, large ships can run aground. It has happened already and will happen again....

The whole tar sands development sickens me, knowing the potential of major environmental disasters and the current contamination of northern rivers. What bothers me most is the ignorance of the Alberta and Canadian governments and their general lack of environmental regulation and monitoring...

He and others are concerned about the fact that we are losing environmental oversight so we can go forward with a balanced plan instead of a one-side plan as is currently projected.

This is another quote:

Bill C-38 is a “trojan horse” bill containing much more than just Budget items. It is bad for the environment, bad for Canada's worldwide image, bad for the social safety net that Canadians WANT, bad for fish, water and all living creatures, and it is bad for democracy. Everything that is not a direct Budget item MUST be split off this Bill and debated properly by the appropriate committees, before the Budget Bill itself is presented to Parliament.

Act democratic--split the Bill to permit study and debate.

This is another quote:

I am concerned about the revision of the Fisheries Act tucked inside the current omnibus bill. I feel these changes threaten the environmental assessment and project implementation process and therefore threaten viable fish habitat throughout Canada. Without viable habitat for fish, interior, coastal and ocean ecosystems will suffer, and so will the economies and cultures that depend on them. I am requesting that you pressure the current government to please reconsider the process under which these changes are being implemented.

I would like to add that this point of view is not only felt by people right across Canada but also by four former cabinet ministers, two of them having served under the Conservative government. They have called the current changes to the Fisheries Act unprecedented and not in the best interest of our country.

The final letter that I have, one of many, says:

The federal budget legislation...puts our land, water and climate at risk by making enormous changes to Canada's environmental laws. It also contains sweeping new powers to limit debate and silence legitimate voices, including those of land owners, First Nations, charities and other Canadians.

I care about nature and democracy, which is why I'm asking you, as my representative in our Parliament, to express my concern about changing Canada's environmental and charitable laws without sufficient public input and Parliamentary debate.

I might add that my party went across the country and we listened to people. We conducted hearings. The overwhelming majority of people who talked to us are saying that something is not right. We should not be supporting this legislation that lumps all of these different pieces of legislation and measures into one act.

I would like to close with part of a speech given by Andrew Nikiforuk in Nelson regarding the tar sands development. These are a couple of quotations from the speech. He says:

The Northern Gateway pipeline will result in 300 to 400 supertankers annually having to negotiate the treacherous waters of BC's northern coastline;

The ships will likely be owned by PetroChina and Sinopec, two companies that are only accountable to the Communist Party of China;

This is where we are sending our raw bitumen if this goes through.

[Geoff Regan, Liberal, Halifax West, NS]

Madam Speaker, I enjoyed my hon. colleague's comments about the possible environmental impacts of the budget bill. They are certainly very worrisome.

Would he like to talk about his views in relation to the changes to the old age security program?

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Madam Speaker, I respect my hon. colleague's thoughts and judgment. He is an experienced member of Parliament and he certainly has a point about the old age security.

We have been told that somehow we need to raise the application age to 67 from 65. In fact, studies and responsible people have shown that is not necessary, that we can maintain the level at age 65.

It is quite ironic that at a time when this economic impact is being felt around the world, France is going to actually lower old age security for its citizens, not raising it as we are doing in Canada.

[Paul Dewar, NDP, Ottawa Centre, ON]

Madam Speaker, I want to thank my colleague from British Columbia for sharing his insights and also those of his constituents. We come here to represent our constituents. I asked one of the Conservatives earlier for comments on what the Prime Minister had said about representing constituents when he stood up, when he was opposition leader, and said that this was wrong, that this was anti-democratic. We know that one of the B.C. MPs from the government side tried to do the same and represent his constituents and we know what happened there.

This is about the fundamentals of democracy when we have a bill this size and we are asked as parliamentarians to go over it and assure our constituents that we have done everything we can do with due diligence. I would like the member's comments as to what he thinks this is doing to our parliamentary democracy, to representative democracy, and what it is doing to the role of the MP as we ensure we are representing our constituents. What does this bill do to that job?

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Madam Speaker, I thank my colleague from Ottawa for his very pertinent and wise comments. To answer his question in a nutshell, this is making a mockery of the parliamentary process. This bill is making a mockery of the democratic process, in spite of what those people over there say. They take so much legislation, ram it into over 400 pages of a budget bill then we are told to vote on it and if we do not vote for it, we are somehow not acting in the best interests of Canada. The bill should be split. There should be a discussion on each of the important aspects. Democracy is about that. This is not democracy and we are losing that.