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.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

With all due respect, Mr. Hubbard, the expert panel report was completely ignored by the agency and by the minister. Had those recommendations been accepted, we would be back in the four corners of federal jurisdiction from 1975. We've been paying a lot of tributes to the Right Honourable Brian Mulroney, and certainly when the Mulroney government passed the environmental impact assessment regime, it was completely constitutional.

If we had returned to the advice of the expert panel—and we still could—then we would have a completely constitutional regime that would also deal comprehensively with federal projects, whereas currently a great number of them are no longer reviewed at all.

I mention, just for the committee's benefit, paragraph 242 of the referenced case, which pointed out that in the past, thousands of federal projects were reviewed every year, but that after the passage of the omnibus budget bill, Bill C-38, in 2012, that number dropped to 70 a year. In other words, the government was doing less while being found by the Supreme Court to be conducting itself in a way that was ultra vires.

I don't accept at all your evidence, Mr. Hubbard, that the department used or leveraged the report of Madame Gélinas, and I would urge you to consider it now.

Natural Resources

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I am returning to a question I asked in question period on October 18, 2023, just last fall. The question was asked five days after the Supreme Court of Canada struck down sections of the government's bill on environmental assessment, which it redubbed “impact assessment” and which came forward through Bill C-69.

I practised environmental law. I will briefly share with the chamber that I actually worked in the Mulroney government and took a draft environmental assessment law through to the Privy Council to get permission for the government of the day to bring forward the Canadian Environmental Assessment Act, which ultimately entered into force around 1993. It went through several changes. It was an excellent piece of legislation; it worked well. It was repealed under an omnibus budget bill under Prime Minister Stephen Harper's government and was struck down and eliminated by Bill C-38 in spring 2012. That was more than lamentable.

When the new government came in, in 2015, the current Prime Minister gave a mandate letter to the former minister of environment, Catherine McKenna, to fix this. Tragically, she ignored the advice of environmental experts, even those she had empanelled.

What I asked on October 18 was whether the new Minister of Environment and the Minister of Justice would follow the excellent advice of the expert panel on environmental assessment law that was chaired by former Chair of the BAPE, Johanne Gélinas, and many environmental experts, and which was thoroughly supported, certainly by the Green Party and by me. I asked whether we would follow the advice that the essence of environmental assessment law is to evaluate the projects of the federal government itself: at a minimum, the panel said, federal land, federal money or where federal permits are issued. There was an additional list of concerns.

Tragically, the government ignored the advice. It took the advice of the Impact Assessment Agency itself. What I asked the minister on October 18 was whether the government would now commit to reviewing and putting in place the recommendations. An excellent opportunity was created by the court's striking down, as I completely predicted it would, the sections that were based on the designated project list itself, a creation of Harper's Bill C-38, which was a terrible way of weakening environmental law while at the same time failing to honour federal jurisdiction.

The minister missed the point of my question and merely said that they were going to fix it. I am desperately worried they are going to do a quick fix, and that in the quick fix, they will once again listen to the advice of the wrong people.

I beg the parliamentary secretary to tell us tonight that the government will follow the advice of the expert panel that gave them the right road to fixing the environmental assessment law in this country.

[Marty Morantz, Conservative, Charleswood—St. James—Assiniboia—Headingley, MB]

I think Mr. Chambers could wear this as a badge of honour and that he has probably been called worse things by better people. In any event, that's not productive.

I really think that what would be productive is that we have witnesses come to talk about a half a trillion dollars in government spending. That's what we're arguing for here, Mr. Chair, and it's very important.

I want to get into some of the substance, though, of what we need these witnesses here for. For example, the department actually provided a document. There is one thing I want to mention, by the way. When we had Ms. Gwyer here a while ago, I asked her what the issue was with CRA not accepting cheques over $10,000. I'm paraphrasing, but she essentially said that, if someone can't do it, and if they can't figure out how to transfer electronically, CRA will try to help them. I just saw a news report that she testified in front of the Senate committee about how CRA is going to be accepting these cheques. That's just one example of something we need to get clarification on.

The overview report the department provided is close to 90 pages long. It's massive. There is electronic filing and certification of tax information and electronic payments. We need more time to discuss those types of things.

We did get to speak about the doubling of the expense credit for tools of the trades, although it would actually have been nice to get testimony from my colleague Mr. Lewis about his bill on this matter.

We have not heard from the real estate industry, when housing—affordable housing and housing in general—is a major crisis in this country. This country is growing and it's going to be much bigger over the next 10 years. We have a massive shortage of housing and housing starts have gone down, yet at this committee we have not heard from experts on housing and what government can do to create the environment that home builders need to get houses built in this country. That's a major hole in witness testimony, and those voices are not being heard.

We have new rules on house flipping, on which we have not heard external witness testimony to find out how those might affect the market. I'm not saying that maybe this isn't a good thing. I just don't know, because we haven't had a chance to hear from people representing co-ops, people in the real estate industry or people in the banking industry what this type of change to the rules of our real estate markets might mean. It's a huge gap in our witness testimony.

Regarding taxation of veterans' and active members' benefits, again, we all have great respect for our veterans yet we haven't heard from any veterans. They haven't appeared before committee on this budget, yet their benefits are being directly affected by this budget. Why haven't we heard from veterans organizations?

All we've said is that we want another 10 hours of testimony—which could really have been done by now—before we get to clause-by-clause. It's not as though we're asking for the moon. It wasn't as though we were asking the finance minister to do a lot either, other than to come to the committee for two hours.

At every step of the way, this government seems to want to cut off debate on the budget in the House and to cut off witness testimony. Maybe it's because they didn't like the 10 hours of witness testimony we had. It was pretty bad for the government. There weren't a lot of good things—or any that I can recall—said about this budget.

Maybe they wanted to stop the bleeding. It's really hard to say. I can't get into their minds. I can really only speculate. Nevertheless, that's the point of having these meetings, of having an opposition to the government that can point out flaws. We know that having an effective opposition is fundamental to good governance. We know that because all we have to do is look around the world and look at countries that don't have an effective opposition.

Do you know what happens in those countries? Bad things happen. We can see that right now in Russia, in China, in Sudan and in many other places around the world.

Getting back to the issue of witness testimony, there's a provision here, in part 1, dealing with technical changes to the Gottfriedson class settlement agreement, a class action proceeding on behalf of 325 Indian Act bands. We haven't heard from those bands about what this settlement means. We've heard no indigenous testimony, in fact, about this budget. If I were a member of the indigenous communities across this country, I would be aghast at the short shrift this government is giving to indigenous communities, especially when their legal status has been affected by this budget, yet there's been no indigenous testimony.

We talked about the grocery rebate already, so I'll move on from that one.

There's also the automatic advance for the Canada workers benefit. It might be a good thing, but, again, we haven't heard from workers. We haven't had unions speak to what this means for their members.

Registered education savings plans is another area that we have not had witnesses on. There have been no witnesses on the RESPs. This is a very important program. I had those for my kids. I'm sure many members of this committee had them. Millions of Canadians have these RESPs, and there are changes being made to the RESPs. We haven't been able to hear from parent groups. We haven't been able to hear from schools. There's been just a complete absence of testimony on a policy that will affect millions and millions of Canadians. There's been zero testimony.

There's the registered disability savings plan. This one is actually near and dear to my heart. Probably many committee members don't know but my son Nathan was born in 1999. When he was two, he was diagnosed with autism. He was actually among the most severe. When Mr. Flaherty brought in this particular program, we were among the first to sign up for it. The registered disability savings plan is an extremely important program for families in this country who have a loved one with a disability. We have not heard from disability groups. I would love to hear from disability groups about what we could do to improve the effectiveness of the registered disability savings plan. For Mr. Flaherty, may he rest in peace, this was a signature accomplishment of his career. He was an excellent finance minister for this country. I can guarantee he would never do what this government is doing now in terms of their spending.

Where are the special needs groups? Why isn't the St.Amant centre in Winnipeg here testifying about the importance of the registered disability savings plan? There are so many. The Autism Society of Manitoba, my home province, could be here testifying about the registered disability savings plan. In fact, there's been no testimony from any family, group or individual on special needs issues even though there are major changes being made in this budget that will affect millions of Canadians who have children.

It's just appalling that the dearth of witness testimony being enforced by the costly coalition of the Liberals and the NDP on this committee is really doing a massive disservice to Canadians.

On fixing contribution errors in defined contribution plans, there's no witness testimony on that.

There are technical tax changes to the dental program and taxpayer information sharing for the Canada dental care program. These are very important things. We're talking about having CRA share confidential information. We've seen problems. There's a bill before the House right now to try to deal with privacy issues around leaking personal data. CRA has been hacked already. There are a lot of issues around protection of personal data. Again, it would be interesting to hear, for example, from the dental profession about this issue, but, no, we haven't had those witnesses either.

For hedging and short selling by financial institutions, we haven't had testimony on that one. That sounds like a very important subject that we should really be talking about at the finance committee, which is where we talk about the finances of this country, yet major changes to banking laws are being made without any testimony.

I'm not going to go through every single one of these, but there are a few more that I want to touch on. Just bear with me here.

There's treatment of mining of crypto assets. That's in terms of the GST/HST. We did have some testimony on that. I'm no expert on that, but that strikes me as an area that needs to be further examined. We did hear testimony from, I think, a couple of lawyers here from Toronto, who said that this is of serious concern, this particular change, and that it needs further examination. Other countries are going to eat our lunch on this type of technology in the future if we don't start treating entrepreneurs in this area with a little bit of respect.

The credit card services we heard.... I have to say in my testimony, Mr. Chair, that I've never seen a government actually make a promise and break that promise in the same budget. That was a new one. They've broken many promises. I won't go through the whole list here. I'm sure my colleagues would like to speak about those later, but we have a situation in which the government has said they want to bring down credit card fees and that they've made agreements with the banks now to bring down the charges that people pay when they go shopping and use their credit cards, but at the same time they change the GST rules to make it more expensive. They giveth and they taketh away, not a few months apart or years apart but actually in the same moment, in the same document. It's quite stunning.

We have the pension limitation period rebate fix. We've had no testimony on that.

For freight transportation of money, we've had no testimony on that one either.

On alcohol excise duties, we have had some testimony. I suppose it was good to see the government at least freeze the excise tax increase at 2% instead of inflation. I know I had asked the Minister of Finance to freeze this back when the fall economic statement was released, when she was actually in committee that one time. She said something about this advice being akin to crypto or something. It was a weird response. I didn't expect the government to actually move on this, but I guess the finance minister must have thought about it, thought about my question and my arguments, and agreed with me. I suppose that's one good thing, because when the budget came out, I would have liked instead to see zero.

Frankly, the undemocratic nature of the escalator tax is clear. Taxes should not be increased unless Parliament actually votes for them, not by order in council or any other way, but that's not what the excise tax does.

On a fair external complaints handling system for banking, again, we have not had the banks in to talk about what this means. It may be a good thing. I'm not arguing for or against it, but the point of this motion isn't to argue for or against these measures. The point of this motion is to argue for the fact that 10 hours of witness testimony for a half-trillion dollar budget is simply not sufficient. That's painfully obvious.

On strengthening the pension and federal pension framework and the Pension Benefits Standards Act, 1985, again there was no testimony.

By the way, I just want to spend a few moments talking about the Canada growth fund. I think this is very important. This is a $12-billion project the government wants to stand up really quickly. My experience in my prior life as a lawyer has been that, when clients rush to do things, often mistakes are made.

They want to stand it up really quickly, so instead of doing what they did with the Canada Infrastructure Bank—which is a whole other issue that I will get to later—and going out and hiring people to run the Canada Infrastructure Bank, what did they do? They decided to approach an independent pension fund management firm, the PSPIB, the Public Sector Pension Investment Board, and ask them to stand up the Canada growth fund as soon as possible. In fact, the departmental briefing notes say that a team has been seconded to stand up the growth fund.

We did have officials here on this in the prestudy of the budget, and one of the things I asked the officials was whether or not a request for proposals was made and how the PSPIB was selected. They are independent. They are not a branch of the government. They stand alone. How is it that all of a sudden the PSPIB is managing the Canada growth fund?

When I asked whether or not there was an RFP, the official said she would have to get back to me, which is fine, Mr. Chair, but the problem is that this is now approaching the end of May and I've not heard back. I don't know why the PSPIB was selected without having to go through a request for proposals. In fact, the Government of Canada's own website on procurement says that for the public service to retain services of any company for over $100,000, it must go to an RFP. I would like an answer to that question. I asked the clerk to follow up on that for me last week. He did, and I still do not have an answer. That is fundamental, and we need to have an answer as to how the PSPIB was selected. Who made that decision? Was that a cabinet decision?

We've seen so many things happen with this government and how these decisions are made. People get appointed because of their connections. I'm not saying that the PSPIB isn't a worthy organization or a qualified organization. I just don't know, because no RFP was conducted. We haven't heard from witnesses. We could call other witnesses who might be able to testify and who might be able to do that as well, but somehow, out of the blue, the PSPIB gets to manage $12 billion, with no request for proposals. This is terrible practice, Mr. Chair. We saw what happened with the WE Charity when this happened. It's like this government has never seen a conflict it didn't want to embrace.

I look at the intergovernmental affairs minister's sister-in-law being tapped to be the interim director of ethics and members of the Trudeau society being appointed to provide reports that are supposed to be independent and potentially critical of the government.

Of course we've seen what happens when this government appoints people—its friends—and says they're independent. It's just a farce. This government seems to have a blind spot frankly when it comes to these types of conflicts. It is a huge concern. Why don't we have witnesses? It's a $12-billion project. Certainly you would think a request to hear from witnesses on the $12-billion Canada growth fund would be reasonable, yet, no, we're stymied. This committee wants only 10 hours of witnesses. We're not going hear about the RDSP. We're not going to hear about RRSPs. We're not going to hear about CRA sharing private information. We're not going to hear about the Canada growth fund. It's appalling, but again I do hope...and I want to relay to the clerk that perhaps he could follow up again to get me that answer. I would very much appreciate having answers as to why on a $12-billion project—$12 billion of taxpayers' money that is being rushed out the door—no request for proposals was done to find absolutely the best management for this project, this program, in the country.

Who decided it should be the PSPIB? Was it someone in the public service? Was it a minister? Was it the Prime Minister? It's a mystery, and I don't like mysteries, especially when it comes to taxpayers' dollars, especially from a government that said it would be open by default, from a government that pretended to be the most transparent government in Canadian history. That was another important promise that was broken.

We have not heard from any witnesses about the important issue of money laundering in this country. Canada has become a safe haven for money launderers. In fact we have our own nickname now for it in Canada. It's called snow washing. It's not a badge of honour, yet there's been not a single witness on money laundering, which is a major issue. I know my colleague Mr. Chambers cares very much about this issue. In fact he presented an important bill, a very simple bill that would have helped get this situation under control, and the government rejected it. They rejected a common-sense bill that would reduce money laundering in this country. Why? Is that responsible government? No, it's not responsible government. That's why we should be hearing witnesses on why Canada has the nickname “snow washing” of all things. Again, it's not a badge of honour.

There's supporting the economic growth of developing countries and preferential tariff programs for developing countries. This is division 4 of Bill C-47. This may also be a very laudable goal, but we have no explanation on this. We have no witness testimony. It would be interesting to hear from developing countries, in fact, as witnesses on this matter. I know that in my time on the foreign affairs committee, we spent a lot of time talking about how we could help civil society organizations around the world improve the standards of living of people living in poverty around the world. Canada is in many respects a leader in that type of thinking. Again that's another very important part of this budget, but there's been nothing, no witnesses and no testimony.

There's the indefinite withdrawal of most-favoured-nation status from Russia and Belarus. By the way, this is in the budget bill. The indefinite withdrawal of most-favoured-nation status from Russia and Belarus—I ask all the people who are watching this committee meeting now what that has to do with a budget. Send me your emails. It has nothing to do with the budget. It again gets back to this issue of the dangers of omnibus bills.

I may get back to some of these provisions in a few minutes, Mr. Chair, but I want to say that I think we also need to have witnesses on omnibus bills. This practice has gotten out of control.

I have an academic article written by Louis Massicotte. I won't read the whole thing, but there is one passage here that I think needs to be read into the record. It's not a recent document. It refers to an older bill, Bill C-38.

Bill C-38 has been widely condemned, and criticisms came from unexpected sources. Why are so many people concerned about omnibus bills? The reasons are in many ways the exact reverse of the previous ones. From the point of view of the opposition, omnibus bills are as attractive as the closure, time allocation, supply guillotines and so on. They create quandaries for opposition parties and oblige them to object to some popular measures delicately hidden in a less attractive package.

The real question, however, beyond the convenience of the government or of the opposition parties, may well be: is the public interest well served by omnibus bills? Take for example the clause-by-clause study in committee. When a bill deals with topics as varied as fisheries, unemployment insurance and environment, it is unlikely to be examined properly if the whole bill goes to the Standing Committee on Finance. The opposition parties complain legitimately that their critics on many topics covered by an omnibus bill have already been assigned to other committees. The public has every interest in a legislation being examined by the appropriate bodies.

We know that Speakers have consistently refused to act as referees on such issues, while at times hinting that the House might provide for some special procedures. One of them, Lucien Lamoureux, came up with what is probably the best question: is there any end?

This is the point of this article: Where does this go?

Could a government wrap up half of its legislative programme into a single measure dealing with the improvement of the life of Canadians or ensuring prosperity for all?

We often hear that omnibus bills are like closure and time allocation: “all governments do it”, which.... This is why some of the most eloquent pleas against the practice of omnibus bills have been made in the past by the present Prime Minister, and were no less eloquently refuted by then Cabinet ministers now sitting in opposition. But in recent years, the logic behind omnibus bills has been pushed to extremes never seen before. It has been computed that between 1994 and 2005, budget implementation bills averaged 73.6 pages, while since 2006 they averaged 308.9—four times longer. But the increase is even more huge than it looks. While during the first period a single budget implementation bill was presented each year (there were none in 2002 and two in 2004), bills of that nature have since then been presented twice a year except in 2008, when there was a single one. The yearly average of budget implementation legislation in recent years is therefore closer to 550 pages—this is seven times longer! Another contrast is that during the first period, budget implementation bills tended to be slimmed down markedly between first reading and Royal Assent, while in recent years they kept their initial size throughout.

The debate on Bill C-38 reminds us that omnibus bills have become a slippery slope now generating high controversy. In my view, they do little to improve the already low esteem in which legislators are held by the Canadian public. My colleague Ned Franks wrote three years ago that omnibus budget implementation bills “subvert and evade the normal principles of parliamentary review of legislation”. I fully concur with his assessment.

I couldn't have put it better, Mr. Chair.

With that, I think I am going to give up the floor for the moment. I would ask the clerk to put me back on the list, though.

I do hope that some of the things I've said have some influence on the other members of this committee.

It is vitally important. The Liberals need to put their partisanship aside and look out for the best interests of all Canadians. With a half-trillion dollar budget, reaching almost 25% of this country's GDP, Canadians deserve no less.

Thank you, Mr. Chair.

Budget Implementation Act, 2022, No. 1

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I thank the hon. Deputy Prime Minister and Minister of Finance for opening her speech with a condemnation of the loss of women's rights that appears to be imminent in the United States.

I want to address the issue of the budget implementation act by starting with a fair statement. I have gone through the bill, and of course it is very long. I do not find any hidden, sneaky things that should not be in a budget implementation bill, as we experienced in 2012 with two budget implementation bills, Bill C-38 and Bill C-45, that were disastrous. Then we had, in 2018, one sneaky thing that I lament, which was putting deferred prosecution agreements in the Criminal Code. That should not have been in a budget implementation act. It is hard to prove a negative, but right now it looks like there is nothing sneaky in this bill.

The main thing I want to ask the minister about is her reference to the climate crisis as an existential threat, which is defined as a threat to existence. It is a threat to the existence of a habitable planet. If we read the Intergovernmental Panel on Climate Change's April 4 report, we are currently on a trajectory to an unlivable world. This budget is not taking us away from that trajectory; it doubles down on it.

Would the hon. minister consider re-examining this bill and all bills in relation to the IPCC report?

[Steve Chapman]

Mr. Chair, because we haven't assessed and arrived at a decision, either under CEAA 2012 for what was then a low-level and intermediate-level DGR, and we haven't had a new application come forward for another DGR, I can't comment on that.

What I can comment on is the robustness of both the process that the Impact Assessment Agency has and also the Nuclear Safety Commission has to review these types of projects.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Yes, and first I need to put on the record a small reminder to the committee. I'm here because you passed a motion, a motion to which I objected. An identical motion was passed in every committee, so I am coerced to be here. You have probably no personal knowledge of this, because it's not personal to any one of you individually, but this process is one that reduces the rights that I would otherwise have to present amendments at report stage—substantive amendments to which I could speak at length.

The process we are now in is novel. It was created when Stephen Harper was prime minister. It was to punish me for the 432 amendments I brought forward to try to get changes to the omnibus budget, Bill C-38. We won't get into details, because there isn't time, but surprisingly, the same process continues under the Liberals, to deprive members of smaller parties of rights we would otherwise have.

I need to put that on the record, because no doubt at some point, as I speak to my 37 amendments, you may wish I wasn't here, but I am here because you have created a situation that coerces me to be here, and my amendments are deemed to be put forward because I don't have the right to put them forward myself and I don't have the right to vote on them.

I must speak to them briefly, but I will say that I sent to the clerk of the committee and to committee members a list of witnesses who could have aided this committee, including the Minister for Climate Change from New Zealand, the Hon. James Shaw, who just brought forward a climate accountability act in New Zealand; and the head of the Sabin Center for Climate Change Law at Columbia University's law school.

There was some decision made behind closed doors by other members of this committee to move so quickly that those witnesses could not be heard. There were no indigenous witnesses live before committee, no young people live before committee, and no presentations by climate scientists on the reasons for urgency.

I turn quickly to my amendment here. By the way, Mr. Chair, I think that when the Government of Canada under Stephen Harper looked at the first initial of my party name in English, it decided, “Oh, we can't have a Green G when we have a Government G,” so that's why it is “PV” for Parti vert.

This amendment is to correct a scientific inaccuracy that is embedded in this legislation. It is embedded in the title of the legislation. It is embedded in the preamble. In other words, it cherry-picks the science from the Intergovernmental Panel on Climate Change in order to focus on net zero by 2050, without focusing on the reality that the Intergovernmental Panel on Climate Change says that to hold to global average temperature increases to 1.5°C—which is the goal of the Paris Agreement—and as far below 2°C as possible, the window on that will close well before 2030.

Again, I'll probably have another opportunity to explain this, but when we say that if we have 1.5°C that will mean we're at net zero by 2050, that's true. It is not scientifically accurate to say that if we can get to net zero by 2050 we will have 1.5°C secured. The IPCC has been very clear that without dramatic reductions immediately, in this decade, the window on 1.5°C will close, and close forever, before we get past 2030.

That's why the purpose of the act, to be consistent with the Paris Agreement, must include the notions of urgency and immediate and ambitious action. That's the purpose of the amendment I suggest for line 13. It would ensure that when we talk about the targets, we talk about near-term targets, not only the one for 2050. I hope this amendment will meet with the approval of the majority of members of this committee.

Thank you, Mr. Chair.

Canadian Net-Zero Emissions Accountability Act

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I will not comment on the individuals involved. Many of them are colleagues or friends. It does not matter, the structure is wrong. This is not a time for a multi-stakeholder group. I strongly recommend, and I have done so to the minister, that the government bring back the national round table on the environment and the economy, which was killed by Stephen Harper in the omnibus budget, Bill C-38. We do like multi-stakeholder advice, and we like multi-stakeholders at committees, but this is not a place for a multi-stakeholder committee. This is a place for a panel of experts to make sure the government understands the science, because so far it does not seem to.

The Environment

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, in Adjournment Proceedings this evening, I am pursuing a question for which I did not receive an adequate answer on November 20.

I asked about the new legislation before us, Bill C-12, which proclaims itself as a net-zero climate accountability act. It fails on almost every point. The Green caucus is struggling with how to handle it. We want so very much to support climate accountability, but we struggle with whether we can even vote for this legislation at second reading to send it to committee.

Here is what the legislation must do as the bottom line requirement to be called accountability on net zero for climate action: We have to get the science right, we have to get the process right and we have to get the accountability right. Right now, it has three strikes and this legislation is out.

Getting the science right means that in the preamble, one does not cite one aspect of the Intergovernmental Panel on Climate Change science, that to hold to 1.5°C we must have net-zero carbon emissions by 2050, all the while ignoring the closer-term reality of the emergency and the urgency. The Intergovernmental Panel on Climate Change also says that to have any hope of holding to 1.5°C, we need massive reductions in greenhouse gases in the next decade.

It is not an even pace of having three decades so we take our time and do it in even bits every 10 years. No, we cannot do that. Most of the heavy lifting has to be done before 2030. That is not clear in the legislation. As a matter of fact, it is denied by the way the legislation is structured with a first milestone year in 2030.

Next is getting the process right. I am honestly baffled that the Liberal government appears to have ignored the experience garnered in other countries with climate accountability legislation. The U.K. has had its legislation since 2008. There are lessons to be learned there. Similarly, New Zealand, which brought in its legislation, learned from the U.K.'s experience, as did Denmark. All of the climate accountability legislation in countries where it is working have relied on expert advice. To the extent they have an advisory group, they are experts.

This legislation wants to have an advisory body that seems to be another version of a multistakeholder group without expertise. That is a very significant error. I like multistakeholder groups. I used to be vice-chair of the National Round Table on the Environment and the Economy, which was destroyed and repealed. It was originally put in place by the Mulroney government, by the way, and it was repealed under Bill C-38 in the spring of 2012. We should bring a national round table or something like that back, but not through the backdoor of Bill C-12, where we need expertise, not multistakeholder advice.

The third area of accountability that fails is having the mechanisms to hold the government to account and getting them right. This bill does not use mandatory language around the minister meeting a target. It is interesting. I have been conferring with colleagues in New Zealand and they are looking at saying, if the target is missed, that means the government will have to make up what it missed by buying credits and paying for them. Their finance department is getting ready to book the costs of missing the target. Therefore, there is a financial penalty and the government will then be keeping its eye on the ball to avoid that penalty.

The bottom line here is that the Paris Agreement now has the support of the United States, President-elect Joe Biden has appointed a high-level special envoy in John Kerry. Canada should be jumping up right now to be bold and ambitious.

This bill is not what we need. I hope we can see changes before it comes back at third stage and report stage.

Fisheries Act

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, it is an honour to speak to Bill C-68, an act to amend the Fisheries Act and other acts in consequence. Today, we are debating the Senate amendments to the bill, as was just mentioned. I initially spoke to this bill at report stage almost exactly one year ago today. I will be covering some of the same ground as I did then, but today I want to spend a little more time speaking in general terms about fisheries conservation.

Although I grew up in the Okanagan Valley far from the coast, my family has a deep history in coastal fisheries. My mother's family, the Munns, once controlled the cod fishery of Labrador. My great-uncle William Azariah Munn was what one might call a cod liver oil baron. He was also an amateur fisheries biologist and historian. W.A. Munn not only researched the Viking sagas but was the first to suggest that Vineland was located on the northern peninsula of Newfoundland, which was subsequently vindicated by the findings at L'Anse aux Meadows. He wrote the first detailed account of the annual migration of codfish in the Newfoundland waters in 1922. I found that out when I was reading the assessment report on northern cod when it was declared endangered. It was cited in the report.

I will mention in passing that I am wearing my Memorial University tie this morning to honour that part of my heritage and history. I thank Bill Kavanagh for that.

Although I grew up in the interior, like most kids of that era, I grew up fishing, in my case, catching small rainbow trout in a small creek near our house. I knew the importance of cool waters and deep pools in a stream shaded from the summer sun, good fish habitat in my part of the country.

The Fisheries Act has long been the strongest piece of legislation that protected habitat, terrestrial or aquatic, in Canada. I used to be a biologist in my past life. I spent a lot of time working on ecosystem health, endangered species recovery and time and again my colleagues would point out that the only legislation, federal or provincial, that effectively protected habitat outside parks was the federal Fisheries Act. This habitat protection was at the core of earlier versions of the Fisheries Act. Conservatives took out that protection in 2012 with Bill C-38, one of their omnibus budget bills.

The action resulted in a public outcry. Four former fisheries ministers, including one of my constituents, Tom Siddon, wrote an open letter to the government urging it to keep habitat protections in the act. I saw Tom last weekend at an event in my riding and I am happy to say that he is still standing up for the environment.

This act still is deficient in a few ways regarding habitat. For instance, while it talks about water in the rivers and lakes as fish habitat, it does not discuss the amount of that water, the flow. That is clearly a problem as water is obviously the most important ingredient in fish habitat. Those deep, cool pools I fished in are becoming shallower and warmer. Bill C-68 would empower the fisheries and oceans minister to make management orders prohibiting or limiting fishing to address a threat to the conservation and protection of fish. I am fully in favour of that power, but I wonder how often it would be used despite the fact that it would likely be recommended on a regular basis by scientists.

Fish are consistently treated differently from terrestrial species in conservation actions. As an example, of all the fish species assessed as threatened or endangered in recent years by the Committee on the Status of Endangered Wildlife in Canada, less than half have been placed on the Species at Risk Act schedules. A bird or mammal in trouble is generally added to those schedules as a matter of course, but fish are out of luck. This attitude must change.

I am happy to see the Senate amendment that includes shark-finning laws proposed by my colleague from Port Moody—Coquitlam over the years and Senator Mike MacDonald in the other place. I am very happy to see those private members' bills rolled into this new act in the Senate amendments.

I am also happy to see there is a provision in this act that would give the DFO more resources for enforcement. I hope that some of these resources can be used to rebuild the DFO staff that used to be found throughout the interior of B.C. to promote fish habitat restoration, rebuild fish stocks and watch what is happening on the ground. There are no DFO staff left at all in my riding in the Okanagan and Kootenay regions, despite the fact that there are numerous aquatic stewardship societies across the riding that used to have a great relationship with the DFO. Volunteer groups that are devoted to aquatic habitats in the Arrow Lakes, the Slocan Valley, Christina Lake, the Kettle River watershed, Osoyoos Lake and Vaseux Lake could all benefit through a renewal of those staffing levels.

I would like to close with a good news story that shows what can happen when Canadians take fish conservation into their own hands, identify problems and solutions and then work hard to make good things happen. That is the story of restoring salmon populations in the Okanagan. This story involves many players from both the United States and Canada but it is mainly a story of the Syilx people, the indigenous peoples of the Okanagan, who came together to bring salmon back to the valley.

Salmon, n’titxw, is one of the four food chiefs of the Syilx and central to their culture and trade traditions. In fact, that is true for many other first nations in the B.C. interior and Yukon, indigenous communities hundreds or thousands of kilometres from the ocean that rely on salmon, that have always relied on salmon and whose cultures are inextricably tied to salmon.

When I was a kid in the Okanagan, very few salmon came up the river from the Pacific. The Okanagan is part of the Columbia system, and those fish had to climb over 11 dams to get to the Okanagan River and back to their spawning grounds. Most of the Columbia salmon runs died out after huge dams like Grand Coulee and Chief Joseph were built and blocked its free flow. The Okanagan flows into the Columbia below Grand Coulee, so a handful of sockeye came back to the Okanagan every year.

However, after years of work by the Okanagan Nation Alliance and other groups, we often see runs of over 100,000 fish, occasionally 400,000 or more. The Okanagan River is once again red with sockeye in the autumn. In most years there is a successful sports fishery for sockeye in Osoyoos Lake.

The ONA has spearheaded significant restoration projects on the Okanagan River, restoring natural flows to small parts of the river and creating ideal spawning beds in others. They organize cultural ceremonies and salmon feasts that bring the broader communities together to celebrate the cycle of the salmon.

The ONA has grown to be one of the largest inland fisheries organizations in Canada with 45 full-time staff. Compare that to zero for the DFO in my area. It has its own state-of-the-art hatchery and fish virology lab.

To make a difference, to change our country and our communities for the better, we must have a vision for a better future. The Syilx vision includes healthy lakes and rivers filled with salmon, salmon that enrich the entire ecosystem and enrich the lives of everyone in the region. I share that vision. The vision includes restoring salmon not just to the entire Okanagan system, but to the upper Columbia River as well, reviving the salmon culture in the Kootenays.

That small creek I used to fish in as a kid now has more than rainbow trout. Every year a few chinook salmon, the big guys, make it into that creek after their epic trip up from the Pacific. That is beyond my wildest dreams.

If we take care of our lakes, our rivers and even the smallest creeks, we can keep this country healthy and beautiful. As the Syilx Okanagan song says, “We are beautiful because our land is beautiful.”

The bill before us could have been bolder and more effective, but it is a chance to take a small step towards that end, towards that vision.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I am able to answer a question from my hon. colleague from Cariboo—Prince George.

Yes, Bill C-38, in the spring of 2012, gutted the Fisheries Act. Yes, it was an appalling decision to take away protections for habitat. On the ground, the effect was that habitat officers for DFO were laid off. I got calls all the time. My hon. colleague knows I tell the truth on these things. People would call me to say they called DFO about a beach where a clam licence was allowed that was being over-harvested, and DFO would tell them that officials could not get there and there was nothing they could do. There were times when habitat was being destroyed and people working on stream restoration who lost funding would call DFO to say that habitat was being lost for cutthroat trout and for getting salmon back, and the answer would be that DFO could not help, because there was no law and DFO did not have any manpower.

We need Bill C-68 to be passed. I lament that it was a bit weakened when my amendment that was accepted at committee was removed, but this bill needs to pass. Every single fisheries organization, the economic backbone of my community, wants this legislation passed before we leave this place.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Well, I put it in my point of order to the Speaker at the time—this was with regard to why Bill C-38 wasn't in proper form—that I'm there all the time, and I heard whole paragraphs read verbatim the same. This is embarrassing for MPs, but these weren't just any old MPs; these were ministers. It wasn't deliberate plagiarism, but someone in the back room was just trying to spit out the speeches. I was hearing the same text over and over and over again from people who obviously had not written it themselves and didn't really know what they were talking about but were prepared to read a speech.

I think Parliament is about talking.

We are here to say what we mean in our own words.

You're not supposed to read somebody else's work.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Yes, but the easiest way to make sure that people are delivering their own words is if they're not reading a speech. I would go to Scott's point about the timing. For instance, in the British Parliament, the Speaker is more flexible about the time, but we have these hard and fast rules around timing. It's 30 seconds to ask your question in question period. That's not what happens in the Parliament of the U.K. So a bit more flexibility on the part of the Speaker would allow for someone to actually speak extemporaneously.

The only time I ever read anything in the House was when I did a very detailed point of order, with loads of quotes, in the 41st Parliament to try to stop Bill C-38, that it wasn't truly an omnibus bill. The only time I read something is when I have a detailed legalistic point. I have a little clock in front of me. When I start speaking for my 30 seconds and then it gets to 20 seconds, I know I have to wrap. When I start speaking for 10 minutes and it gets to nine minutes, I know I have to wrap. So I don't ever read; I'm lucky that way.

Report stage

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Madam Speaker, the good news is that despite this “man cold”, as my wife calls it, my voice seems to be back. I hope it will stick around for the next 15 minutes so that I can speak to budget implementation act, 2018, No. 2. Before getting to what is in the bill or, more to the point, what is not, which might make up the bulk of my comments, I want to talk about the process.

After all, this is an omnibus bill, like the ones we saw so often under the previous government. The current government actually campaigned on a pledge to end the use of omnibus bills. The Liberals not only broke that promise, but they are constantly introducing omnibus bills. They use them not just for budgets, but also for other areas like public safety, transport and justice. We keep getting bills that are harder and harder for parliamentarians to study in any meaningful way.

I may be mistaken about the numbers, which we can check, but the mere fact that we can evoke this type of image says a lot. The Conservatives' first omnibus bill, Bill C-38, which was introduced in 2012 in the last Parliament, showed how abusive this practice had become. The bill was the nadir of this anti-democratic tendency, seeking to undermine the employment insurance program and eliminate the already inadequate environmental assessment process. The bill was hundreds of pages long.

If we were to combine the Conservatives' first omnibus bill from 2012 with the Liberals' first omnibus bill—not the one we are currently debating—we would have a bill the same size as the one before us, which is over 800 pages long.

That is completely ridiculous. I gather some of us are burning the midnight oil in our offices to read the bill. Some members say that they are sick of looking at the four walls of their offices, so they go read it at home. However, let us be honest. The idea that we have the time to consult our constituents, speak to stakeholders on the various files that critics are responsible for, read up on subjects of interest to MPs, and also read Bill C-86, including all the acts it amends, is simply unrealistic.

Some might say that this violates our parliamentary privileges. I am not looking to start a debate on privilege, but I do think it is important to point out how hard this makes it for us to do our jobs.

Even setting aside the size of the bill, the weight of it, and the rule against using props during debate in the House, I would advise my constituents not to print it out. It would be a waste of paper. The thing is massive.

On top of introducing a massive bill, the government has moved time allocation. Not only is it limiting debate in the wider sense by introducing a bill that is extremely difficult to study and therefore to debate, but it is also limiting the time for debate. In 10 or 20 minutes, the normal length of a speech in the House, it is impossible to address every issue. Plus, the government wants to limit the time for debate. This means that we, as the second opposition party, get to put up about eight speakers at most, out of about 40 or so MPs.

Some might say that the budget process, and therefore the budget implementation bill, are among the most important duties of the federal government. The fact that less than one-third of the members of a recognized opposition party get a chance to speak is a real problem.

Let us put the procedural issue aside, since we could talk for ages about this broken promise. I also want to talk about what is missing from this bill and, by extension, from the Liberals' budget. Unfortunately, the Liberals have neglected these elements too often over these past few years, since they came to power.

I would like to focus on a few aspects in particular. First, the government is still not charging web giants sales tax, even though that is a relatively simple matter. It is a matter of fairness and common sense.

When I was in my riding during the last parliamentary recess, I spoke with a constituent who told me that that is today's reality. We now get services via the Internet. That is how we download music, movies and television shows.

We are not asking the government to reinvent the wheel or to go against an existing trend. We are asking it to do two things. First, we are asking it to put all businesses on a level playing field. If Canadians order goods or services online, then they should have to pay sales tax the same way they would in a regular store. That may seem obvious to those watching at home, but the Liberal government has failed to do anything about this for far too long.

The Government of Quebec has led the way, and we hope that the other provinces and territories will follow its lead. However, with all due respect for our National Assembly colleagues, I have to say that it is not enough. The federal government has economic levers that it must use to level the playing field for businesses so that Canadians can benefit from the revenue generated under the law. That is what is lacking right now. However, it is not only the web giants, such as Netflix, Google, and Facebook, that must be required to charge sales tax. All the other digital platforms on which people can purchase goods must be, as well. The government is currently relying on the good faith of some stakeholders who have chosen to proactively charge sales tax.

Second, an agreement needs to be made regarding the future of our culture, specifically with regard to Netflix. I am not as familiar with this topic as my colleague from Longueuil—Saint-Hubert, who I am sure would have a lot to say about music platforms like Spotify and Apple Music. For now, I want focus on Netflix because I do not have much time.

I will not discuss the sales tax for now. I have no doubt the former heritage minister had a rough time in Quebec. Pretty much everyone unanimously agreed that her Netflix deal fell short, not only because of the percentage of francophone and Quebec content, which is nil, but also because the government asked so little of Netflix. The government is counting on the company to operate on the honour system and obey the law proactively.

Madam Speaker, I see your signal that I have just two minutes left. What better proof that it is impossible to study an omnibus bill in the time provided.

France and other countries offer examples of different ways to do this. We can also come up with our own model to acknowledge that this is the new normal without letting Internet giants rake in the profits while crushing our culture. We need to promote our cultural sector so that it can continue to make all of its unique offerings available to us with content that is our very own. This is about quality content and our duty to remember and share.

I will now move on to something else that is missing from the Liberals' budget.

The Minister of National Revenue keeps talking about a $1-billion investment. The only thing that investment did was rub salt in the wound by uncovering the billions of dollars that are lost to tax evasion and tax avoidance. We see that cronyism is alive and well in the Liberal Party. The issue of the Panama papers and the paradise papers has not been resolved. Nothing has been done to recover those billions of dollars. Again, it is a matter of fairness.

In closing, I would say that the omnibus bill does very little to address the problems that the supposedly progressive Liberals promised to fix and this is their third attempt at it. That is three attempts and three failures.

Natural Resources

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Is there something funny about what I am saying? I do not know why this is so funny. People in my province are desperate. They are looking for jobs and opportunities. We have so many problems right now in central Alberta as a result of the current energy policies, which I guess is a source of humour to my colleagues across the way, one of whom is from Newfoundland and ought to understand the value of the energy sector. However, I will not digress.

Fossil fuels are so ingrained in every aspect of our lives, and when we say that a carbon tax is a tax on everything, it is absolutely true. Take a look around this room. Nothing in this room could be brought to us today without the use of fossil fuels. The wood would have to be harvested by fossil-fuel-powered equipment in the forestry sector. It would be cut in a sawmill and then refined and finished in a shop that relied heavily on electricity or other fossil fuels. The stone would not be quarried by hand. This would be done by heavy equipment. The food on the table out there came from a farm or was shipped here from another country. I am pretty sure that the pineapple on the plate in the government's lobby did not come from Newfoundland and Labrador or Alberta. It likely came from Hawaii.

How did it get here? It got here on an airplane. It was not a solar-powered one. It got here on an airplane or a ship that was powered by fossil fuels. Everything we have, the medical advancements and all the technology we have, is because we have cheap, reliable, affordable fossil fuels. It is absolutely critical that we do not get disconnected from that.

Should we be as energy efficient as possible? Absolutely. If the government was proposing energy efficient ideas, I would support them on a one-off basis if they had merit and were sustainable.

I do not know why in this country we have to hate oil and gas in order to like solar power and wind power and all these other things. Energy, and the taxes and the benefits it provides to our economy, pays for schools, infrastructure, health care and medicine. If our economy was doing so well, it would not be nearly impossible to balance a budget. However, the government seems to be either ideologically opposed to, or is actually misleading Canadians about, the economic success it has. It should be very easy to balance a budget in a good economy.

Notwithstanding that, let us have a short history lesson, because the government likes to basically blame everyone before it for everything it is failing at right now.

The Prime Minister inherited a balanced budget and three tidewater applications from one mandate of a Conservative government that had a majority in this House. I chaired the subcommittee on finance for Bill C-38. The industry had asked us to streamline and harmonize all the environmental regulations, which resulted in the pipeline applications the government across the way has botched so badly. The Parliamentary Budget Officer has said that a balanced budget is gone until 2045, 2050, or 2055.

We had three tidewater pipeline projects in the hopper. We did not inherit any of those from a previous Liberal government. None of those were applied for during the five years we were a minority parliament, because, of course, the Liberal Party, the NDP and the Bloc Québécois would block basically any legislative attempts we had in the House to harmonize or streamline the regulatory process and bring certainty so that the investment sector would actually want to do this. We had four and a half years. Bill C-38 was passed, and the three pipelines were applied for.

The government of the day inherited three tidewater pipeline applications. Each one of them, if we look at the total kilometres, would add up to about 7,000 kilometres of tidewater pipelines. The Prime Minister of today has presided over the demise of energy east, which was over 4,000 kilometres of pipeline to tidewater, and northern gateway, which was 1,100 kilometres of pipeline to tidewater. Kinder Morgan Trans Mountain is hanging on by a thread. It is not because Kinder Morgan wants to build it. It would like to flee this marketplace as well. Therefore, the government of the day now has to use taxpayer dollars to rescue the only project, for political reasons. It has nothing to do with science. It has nothing to do with technology or the capabilities and competencies of the energy sector. The energy sector knows how to build pipelines. It is the only one that actually does. I have a lot more faith in Kinder Morgan building the pipeline than the Government of Canada building the pipeline, because it knows how to do it. It has been doing it for 60 or 70 years through British Columbia without major incident.

Here is where we are today. We are sitting at a crossroads in this country, where we have the third-largest reserves of oil in the world and we cannot get our pipelines to tidewater. Some members over there are saying that the oil that goes through the Kinder Morgan pipeline already ends up in the United States. That is actually quite true. All the gas exported from Canada, 100%, goes to the United States. According to this report, 97% of the oil in the export market from Canada goes to the United States. That is because Vancouver is a shallow port, and large tankers will not come in to the port, which is why northern gateway was so important. It went to a deepwater port a little further north on the coast of British Columba, where a supertanker or any large vessel could actually go in and fill up the ship. That was the one that was going to diversify the market. Saudi, Nigerian and Venezuelan oil comes in by the boatload along the Atlantic coast, which I guess does not deserve the same protection with a tanker ban as the west coast.

Why? Why would our friends in Newfoundland and Labrador and Atlantic Canada not want to use oil that was sourced in Canada?

I have been here for a long time. I noticed who was on the plane going back and forth to Alberta when times were good, when there was certainty in the industry. It was people from Quebec. The planes that stopped in Ottawa to pick me up and take me back to Alberta came from Halifax, came from St. John's, Newfoundland. They were full of people wearing Shell Albian jackets, Pearl oil sands project jackets, Firebag project jackets. These people were providing for their families. They could have just stayed home if they wanted to and worked at thousands of jobs that would have been created at the other end of the pipeline.

It is not just the pipeline. It is not just the jobs in the creation of the pipeline. It is jobs at each end. It is jobs in Alberta, Saskatchewan, northern B.C. It is jobs for western Canadians. It is jobs in Atlantic Canada, processing, refining, upgrading, shipping and exporting Canadian products rather than watching the ships roll in from kingdoms like Saudi Arabia. The current Liberal government does not even have a relationship with Saudi Arabia anymore, even though we are still buying its oil, as well as oil from other despots and dictators who do not have anywhere close to the same environmental and human rights standards that Canada has.

The NDP, the Bloc, the Green Party and the Liberals all want to argue about how important environmental regulations are, and I would agree. I am an outdoorsman. I want clean water. I want clean air. I want clean land. I want to fish in a clean river. I want to hunt for moose where it is nice and I can trust that there is no environmental pollution.

I live in Alberta. I am not worried about any of those things. The air that I breathe is clean. The rivers that flow through my community are clear and blue. The land and resources in Alberta are wonderful.

I do not understand. Who are we comparing ourselves to when it comes to our environmental regulations? What is the problem? Could somebody point out to me the last major oil spill that we were not able to handle or clean up? Where is the problem, or is it actually a problem?

It is all about money. It is not about the environment. The carbon tax is not about the environment either. It is just about money. It is all a wealth transfer. It is all about people who want to be part of the process because they want the money, and that is fine. Let us just call it what it is.

Here is where we are. We are at the crossroads right now. We cannot say that Canada is a laggard when it comes to environmental stewardship or human rights, because no other oil-producing and exporting country in the world is better than we are. We are probably on par with Norway and the United States. There might be a few pluses and minuses in a few categories but we are on par with those guys. We are well ahead of Saudi Arabia.

The Liberal government cannot even keep our borders secure. There is no line-up of people from Canada fleeing to Iran or Iraq, both oil-producing countries in the Middle East. Could it be because Canada actually has it right and that all of the problems that we have here are manufactured political problems?

I have been to downtown Vancouver, where I have seen people driving cars. I have been to downtown Montreal, where I have seen people driving cars. I have been to downtown Toronto, where I have seen people driving cars. Why do we want to make that more expensive? Why do we want to make the cost of shipping goods to and from these people more expensive? Why do we want to make travel for Canadians to a warm climate in the wintertime more expensive?

Energy is the lifeblood of everything that is good in this country. I will go back to that point one more time.

All of the things that we have in our life that are good right now are brought to us by the advancement of fossil fuels. Until we refined kerosene several hundred years ago, we were burning wood and coal, which was messy and dirty. We were using basically 80% to 90% of all of the crops that we grew just to feed our horses and our cows. Now 3% of the population can grow the world's food, because of fossil fuels.

Now we have opportunities to be researchers, lawyers, musicians, artists. We do not have to worry about where our next meal is coming from. We do not have to worry about subsistence living here in Canada, because we have fossil fuels.

Today, the leader of my party, the Conservative Party of Canada, said that after the next election, when he became the prime minister of Canada, he would exercise the powers available to the government to do nation-building projects. That does not mean we will run roughshod over everyone. It just means we cannot have these stalemates go on for ever, because it drives investment out of our economy.

Should first nations be involved? Absolutely. Should we do everything we can to ensure, from an environmental perspective, that we can mitigate almost all the risks? Of course. No one will argue about that.

Why can the government not get this pipeline built? Let us take a look.

The Northern gateway project was approved. It had 209 conditions. Enbridge was moving ahead with it. It had spent about $1.5 billion of shareholders' money on that project to get it built. Over 30 of the 42 first nations along the route publicly supported it. Two were publicly opposed. The remaining 10 or so would not declare publicly whether they would support it or not.

Enbridge had the task then, through the National Energy Board, to go and resolve those 209 conditions set out by the board. It was on its way to do it. As a private sector company, it needed to get the buy-in from the first nations along the route. It had already been tested through our Constitution, through our courts. All of that process could be played out. The government did not need to get involved in that. That was Enbridge's job, and it was doing it.

Then the election happened and the pipeline was killed. It was a political decision, because the science and technical expertise at the National Energy Board said that pipeline was perfectly valid to go ahead. With 30 of 42 first nations publicly supporting it, or 75% of the first nations publicly supporting it along the route, I guess that was not enough. I am not sure we will ever get consensus on anything, which I think suits the Liberal Party just fine.

Anyway, the project is killed, the tanker ban is in place and there is no new investment coming for northern British Columbia at all, zero. The folks in northern British Columbia want the pipeline built. They want those jobs.

Energy east was another pipeline. One of the first things that happened after the government was elected in 2015 was it changed the regulatory review process by adding a six month and a three month process on to energy east and Kinder Morgan Trans Mountain pipelines, kicking the can down the road. According to the government of the day, it needed to do this because it would ensure these projects would have the social license, whatever that is, to get the pipeline built.

Then when it looked like Trans Canada was actually going to proceed and get Energy east built, the mayor of Montreal at the time, Denis Coderre, who was a former Liberal cabinet minister and member of Parliament in the House, said that he did not want the pipeline there. I did not realize that mayors of towns were responsible for telling the National Energy Board what to do, but apparently the Prime Minister of Canada today listens to them, rather than the technical experts at the National Energy Board.

It does not matter that pipelines are already going all the way through the community. People who have natural gas in their houses have a pipeline right to their houses. However, I digress.

Trans Canada was trying to get that pipeline built and what happened? The government said “It looks like we're going to have a success here. Let's put some more regulatory obstacles in by putting upstream and downstream emission standards on a pipeline”. Guess what. Trans Canada shelved the project. Why would it not^ Why would it expose more of its shareholders' money to that risk? Just like Enbridge had to walk away from, I am guessing, over a billion dollars worth of investment, Trans Canada did the same thing. It shelved the project.

That was two out of three gone. Now we have one pipeline left and it stands alone. All the social justice warriors, all the environmental activists and everyone could focus on this one pipeline. Guess what. All they did was get in front of the right judge and they got the ruling. The government could not even follow its own rules to build a pipeline that it had to buy from the private sector. That money is now going to projects elsewhere to compete against us. It now wants to sell this pipeline that it cannot build to a future investor. The Liberals are in charge. There is no doubt about it.

Impact Assessment Act

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, in the past I practised environmental law for a while and I have worked in the environmental field for a long time and I am quite familiar with laws in other countries. It is unlikely that the hon. member will take my word for it, but Canada does not have the best environmental assessment process, the toughest regulations, and the best endangered species law at all. That was the case even before Bill C-38 in the spring of 2012. After the changes to environmental assessment by the Harper government in Bill C-38, we had one of the worst, weakest, and most inconsistent and incoherent environmental assessment processes in the industrialized world. Sadly, tragically, Bill C-69 would not restore the consistent, predictable process we had that ensured that anything within federal jurisdiction would be reviewed.

Just so the hon. member knows what countries to which I refer, anything in the European Union is stronger, the United States is much stronger, and New Zealand is much stronger in their anticipatory environmental assessments, which is why it is such a tragedy that Canada, which knows how to do this better, is failing to do so now.