Bill C-38 (Historical)

Jobs, Growth and Long-term Prosperity Act

An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures

Part 1 of this enactment implements certain income tax measures and related measures proposed in the March 29, 2012 budget. Most notably, it
(a) expands the list of eligible expenses under the Medical Expense Tax Credit to include blood coagulation monitors and their disposable peripherals;
(b) introduces a temporary measure to allow certain family members to open a Registered Disability Savings Plan for an adult individual who might not be able to enter into a contract;
(c) extends, for one year, the temporary Mineral Exploration Tax Credit for flow-through share investors;
(d) allows corporations to make split and late eligible dividend designations;
(e) makes the salary of the Governor General taxable and adjusts that salary;
(f) allows a designated partner of a partnership to provide a waiver on behalf of all partners to extend the time limit for issuing a determination in respect of the partnership;
(g) amends the penalty applicable to promoters of charitable donation tax shelters who file false registration information or who fail to register a tax shelter prior to selling interests in the tax shelter;
(h) introduces a new penalty applicable to tax shelter promoters who fail to respond to a demand to file an information return or who file an information return that contains false or misleading sales information;
(i) limits the period for which a tax shelter identification number is valid to one calendar year;
(j) modifies the rules for registering certain foreign charitable organizations as qualified donees;
(k) amends the rules for determining the extent to which a charity has engaged in political activities; and
(l) provides the Minister of National Revenue with the authority to suspend the privileges, with respect to issuing tax receipts, of a registered charity or a registered Canadian amateur athletic association if the charity or association fails to report information that is required to be filed annually in an information return or devotes resources to political activities in excess of the limits set out in the Income Tax Act.
Part 1 also implements other selected income tax measures and related measures. Most notably, it
(a) amends the Income Tax Act consequential on the implementation of the Marketing Freedom for Grain Farmers Act, including the extension of the tax deferral allowed to farmers in a designated area who produce listed grains and receive deferred cash purchase tickets to all Canadian farmers who produce listed grains and receive deferred cash purchase tickets;
(b) provides authority for the Canada Revenue Agency to issue via online notice or regular mail demands to file a return; and
(c) introduces a requirement for commercial tax preparers to file income tax returns electronically.
Part 2 amends the Excise Tax Act to implement certain excise tax and goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 29, 2012 Budget. It expands the list of GST/HST zero-rated medical and assistive devices as well as the list of GST/HST zero-rated non-prescription drugs that are used to treat life-threatening diseases. It also exempts certain pharmacists’ professional services from the GST/HST, other than prescription drug dispensing services that are already zero-rated. It further allows certain literacy organizations to claim a rebate of the GST and the federal component of the HST paid on the acquisition of books to be given away for free by those organizations. It also implements legislative requirements relating to the Government of British Columbia’s decision to exit the harmonized sales tax framework. Additional amendments to that Act and related regulations in respect of foreign-based rental vehicles temporarily imported by Canadian residents provide, in certain circumstances, relief from the GST/HST, the Green Levy on fuel-inefficient vehicles and the automobile air conditioner tax. This Part further amends that Act to ensure that changes to the standardized fuel consumption test method used for the EnerGuide, as announced on February 17, 2012 by the Minister of Natural Resources, do not affect the application of the Green Levy.
Finally, Part 2 amends the Air Travellers Security Charge Act, the Excise Act, 2001 and the Excise Tax Act to provide authority for the Canada Revenue Agency to issue via online notice or regular mail demands to file a return.
Part 3 contains certain measures related to responsible resource development.
Division 1 of Part 3 enacts the Canadian Environmental Assessment Act, 2012, which establishes a new federal environmental assessment regime. Assessments are conducted in relation to projects, designated by regulations or by the Minister of the Environment, to determine whether they are likely to cause significant adverse environmental effects that fall within the legislative authority of Parliament, or that are directly linked or necessarily incidental to a federal authority’s exercise of a power or performance of a duty or function that is required for the carrying out of the project.
The Canadian Environmental Assessment Agency, the Canadian Nuclear Safety Commission, the National Energy Board or a review panel established by the Minister are to conduct assessments within applicable time limits. At the end of an assessment, a decision statement is to be issued to the project proponent who is required to comply with the conditions set out in it.
The enactment provides for cooperation between the federal government and other jurisdictions by enabling the delegation of an environmental assessment, the substitution of the process of another jurisdiction for an environmental assessment under the Act and the exclusion of a project from the application of the Act when there is an equivalent assessment by another jurisdiction. The enactment requires that there be opportunities for public participation during an environmental assessment, that participant funding programs and a public registry be established, and that there be follow-up programs in relation to all environmental assessments. It also provides for powers of inspection and fines.
Finally, the enactment specifies that federal authorities are not to take certain measures regarding the carrying out of projects on federal lands or outside Canada unless they determine that those projects are not likely to cause significant adverse environmental effects.
This Division also makes related amendments to the Environmental Violations Administrative Monetary Penalties Act and consequential amendments to other Acts, and repeals the Canadian Environmental Assessment Act.
Division 2 of Part 3 amends the National Energy Board Act to allow the Governor in Council to make the decision about the issuance of certificates for major pipelines. It amends the Act to establish time limits for regulatory reviews under the Act and to enhance the powers of the National Energy Board Chairperson and the Minister responsible for the Act to ensure that those reviews are conducted in a timely manner. It also amends the Act to permit the National Energy Board to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters and it establishes an administrative monetary penalty system.
Division 3 of Part 3 amends the Canada Oil and Gas Operations Act to authorize the National Energy Board to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters.
Division 4 of Part 3 amends the Nuclear Safety and Control Act to extend the maximum allowable term of temporary members of the Canadian Nuclear Safety Commission from six months to three years. It is also amended to allow for a licence to be transferred with the consent of that Commission and it puts in place an administrative monetary penalty system.
Division 5 of Part 3 amends the Fisheries Act to focus that Act on the protection of fish that support commercial, recreational or Aboriginal fisheries and to more effectively manage those activities that pose the greatest threats to these fisheries. The amendments provide additional clarity for the authorization of serious harm to fish and of deposits of deleterious substances. The amendments allow the Minister to enter into agreements with provinces and with other bodies, provide for the control and management of aquatic invasive species, clarify and expand the powers of inspectors, and permit the Governor in Council to designate another Minister as the Minister responsible for the administration and enforcement of subsections 36(3) to (6) of the Fisheries Act for the purposes of, and in relation to, subject matters set out by order.
Division 6 of Part 3 amends the Canadian Environmental Protection Act, 1999 to provide the Minister of the Environment with the authority to renew disposal at sea permits in prescribed circumstances. It is also amended to change the publication requirements for disposal at sea permits and to provide authority to make regulations respecting time limits for their issuance and renewal.
Division 7 of Part 3 amends the Species at Risk Act to allow for the issuance of authorizations with a longer term, to clarify the authority to renew the authorizations and to make compliance with conditions of permits enforceable. The Act is also amended to provide authority to make regulations respecting time limits for the issuance and renewal of permits under the Act. Furthermore, section 77 is amended to ensure that the National Energy Board will be able to issue a certificate when required to do so by the Governor in Council under subsection 54(1) of the National Energy Board Act.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends a number of Acts to eliminate the requirement for the Auditor General of Canada to undertake annual financial audits of certain entities and to assess the performance reports of two agencies. This Division also eliminates other related obligations.
Division 2 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Cooperative Credit Associations Act to prohibit the issuance of life annuity-like products.
Division 3 of Part 4 provides that PPP Canada Inc. is an agent of Her Majesty for purposes limited to its mandated activities at the federal level, including the provision of advice to federal departments and Crown corporations on public-private partnership projects.
Division 4 of Part 4 amends the Northwest Territories Act, the Nunavut Act and the Yukon Act to provide the authority for the Governor in Council to set, on the recommendation of the Minister of Finance, the maximum amount of territorial borrowings and to make regulations in relation to those maximum amounts, including what constitutes borrowing, the relevant entities and the valuation of the borrowings.
Division 5 of Part 4 amends the Financial Administration Act to modify, for parent Crown corporations, the period to which their quarterly financial reports relate, so that it is aligned with their financial year, and to include in the place of certain annual tabling requirements related to the business and activities of parent Crown corporations a requirement to make public consolidated quarterly reports on their business and activities. It also amends the Alternative Fuels Act and the Public Service Employment Act to eliminate certain reporting requirements.
Division 6 of Part 4 amends the Department of Human Resources and Skills Development Act to establish the Social Security Tribunal and to add provisions authorizing the electronic administration or enforcement of programs, legislation, activities or policies. It also amends the Canada Pension Plan, the Old Age Security Act and the Employment Insurance Act so that appeals from decisions made under those Acts will be heard by the Social Security Tribunal. Finally, it provides for transitional provisions and makes consequential amendments to other Acts.
Division 7 of Part 4 amends the Department of Human Resources and Skills Development Act to add provisions relating to the protection of personal information obtained in the course of administering or enforcing the Canada Pension Plan and the Old Age Security Act and repeals provisions in the Canada Pension Plan and the Old Age Security Act that are substantially the same as those that are added to the Human Resources and Skills Development Act.
Division 8 of Part 4 amends the Department of Human Resources and Skills Development Act to add provisions relating to the social insurance registers and Social Insurance Numbers. It also amends the Canada Pension Plan in relation to Social Insurance Numbers and the Employment Insurance Act to repeal certain provisions relating to the social insurance registers and Social Insurance Numbers and to maintain the power to charge the costs of those registers to the Employment Insurance Operating Account.
Division 9 of Part 4 amends the Parks Canada Agency Act to provide that the Agency may enter into agreements with other ministers or bodies to assist in the administration and enforcement of legislation in places outside national parks, national historic sites, national marine conservation areas and other protected heritage areas if considerations of geography make it impractical for the other minister or body to administer and enforce that legislation in those places. It also amends that Act to provide that the Chief Executive Officer is to report to the Minister of the Environment under section 31 of that Act every five years. It amends that Act to remove the requirements for annual corporate plans, annual reports and annual audits, and amends that Act, the Canada National Parks Act and the Canada National Marine Conservation Areas Act to provide that that Minister is to review management plans for national parks, national historic sites, national marine conservation areas and other protected heritage areas at least every 10 years and is to have any amendments to a plan tabled in Parliament.
Division 10 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act in order to allow public sector investment pools that satisfy certain criteria, including pursuing commercial objectives, to directly invest in a Canadian financial institution, subject to approval by the Minister of Finance.
Division 11 of Part 4 amends the National Housing Act, the Canada Mortgage and Housing Corporation Act and the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act to enhance the governance and oversight framework of the Canada Mortgage and Housing Corporation.
This Division also amends the National Housing Act to establish a registry for institutions that issue covered bonds and for covered bond programs and to provide for the protection of covered bond contracts and covered bond collateral in the event of an issuer’s bankruptcy or insolvency. It also makes amendments to the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to prohibit institutions from issuing covered bonds except within the framework established under the National Housing Act. Finally, it includes a coordinating amendment to the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act.
Division 12 of Part 4 implements the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009.
Division 13 of Part 4 amends the Bretton Woods and Related Agreements Act to reflect an increase in Canada’s quota subscription, as related to the ratification of the 2010 Quota and Governance reform resolution of the Board of Governors of the International Monetary Fund, and to align the timing of the annual report under that Act to correspond to that of the annual report under the Official Development Assistance Accountability Act.
Division 14 of Part 4 amends the Canada Health Act so that members of the Royal Canadian Mounted Police are included in the definition of “insured person”.
Division 15 of Part 4 amends the Canadian Security Intelligence Service Act to
(a) remove the office of the Inspector General;
(b) require the Security Intelligence Review Committee to submit to the Minister of Public Safety and Emergency Preparedness a certificate on the Director of the Canadian Security Intelligence Service’s annual report; and
(c) increase the information on the Service’s activities to be provided by that Committee to that Minister.
Division 16 of Part 4 amends the Currency Act to clarify certain provisions that relate to the calling in and the redemption of coins.
Division 17 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act in order to implement the total transfer protection for the 2012-2013 fiscal year and to give effect to certain elements of major transfer renewal that were announced by the Minister of Finance on December 19, 2011. It also makes certain administrative amendments to that Act and to the Canada Health Act.
Division 18 of Part 4 amends the Fisheries Act to authorize the Minister of Fisheries and Oceans to allocate fish for the purpose of financing scientific and fisheries management activities in the context of joint project agreements.
Division 19 of Part 4 amends the Food and Drugs Act to give the Minister of Health the power to establish a list that sets out prescription drugs or classes of prescription drugs and to provide that the list may be incorporated by reference. It also gives the Minister the power to issue marketing authorizations that exempt a food, or an advertisement with respect to a food, from certain provisions of the Act. The division also provides that a regulation with respect to a food and a marketing authorization may incorporate by reference any document. It also makes consequential amendments to other Acts.
Division 20 of Part 4 amends the Government Employees Compensation Act to allow prescribed entities to be subrogated to the rights of employees to make claims against third parties.
Division 21 of Part 4 amends the International Development Research Centre Act to reduce the maximum number of governors of the Centre to 14, and to consequently change other rules about the number of governors.
Division 22 of Part 4 amends Part I of the Canada Labour Code to require the parties to a collective agreement to file a copy of it with the Minister of Labour, subject to the regulations, as a condition for it to come into force. It amends Part III of that Act to require employers that provide benefits to their employees under long-term disability plans to insure those plans, subject to certain exceptions. The Division also amends that Part to create an offence and to increase maximum fines for offences under that Part.
Division 23 of Part 4 repeals the Fair Wages and Hours of Labour Act.
Division 24 of Part 4 amends the Old Age Security Act to provide the Minister of Human Resources and Skills Development with the authority to waive the requirement for an application for Old Age Security benefits for many eligible seniors, to gradually increase the age of eligibility for the Old Age Security Pension, the Guaranteed Income Supplement, the Allowance and the Allowance for the Survivor and to allow individuals to voluntarily defer their Old Age Security Pension up to five years past the age of eligibility, in exchange for a higher, actuarially adjusted, pension.
Division 25 of Part 4 dissolves the Public Appointments Commission and its secretariat.
Division 26 of Part 4 amends the Seeds Act to give the President of the Canadian Food Inspection Agency the power to issue licences to persons authorizing them to perform activities related to controlling or assuring the quality of seeds or seed crops.
Division 27 of Part 4 amends the Statutory Instruments Act to remove the distribution requirements for the Canada Gazette.
Division 28 of Part 4 amends the Investment Canada Act in order to authorize the Minister of Industry to communicate or disclose certain information relating to investments and to accept security in order to promote compliance with undertakings.
Division 29 of Part 4 amends the Customs Act to allow the Minister of Public Safety and Emergency Preparedness to designate a portion of a roadway or other access way that leads to a customs office and that is used by persons arriving in Canada and by persons travelling within Canada as a mixed-traffic corridor. All persons who are travelling in a mixed-traffic corridor must present themselves to a border services officer and state whether they are arriving from a location outside or within Canada.
Division 30 of Part 4 gives retroactive effect to subsections 39(2) and (3) of the Pension Benefits Standards Act, 1985.
Division 31 of Part 4 amends the Railway Safety Act to limit the apportionment of costs to a road authority when a grant has been made under section 12 of that Act.
Division 32 of Part 4 amends the Canadian International Trade Tribunal Act to replace the two Vice-chairperson positions with two permanent member positions.
Division 33 of Part 4 repeals the International Centre for Human Rights and Democratic Development Act and authorizes the closing out of the affairs of the Centre established by that Act.
Division 34 of Part 4 amends the Health of Animals Act to allow the Minister of Agriculture and Agri-Food to declare certain areas to be control zones in respect of a disease or toxic substance. The enactment also grants the Minister certain powers, including the power to make regulations prohibiting the movement of persons, animals or things in the control zones for the purpose of eliminating a disease or toxic substance or controlling its spread and the power to impose conditions on the movement of animals or things in those zones.
Division 35 of Part 4 amends the Canada School of Public Service Act to abolish the Board of Governors of the Canada School of Public Service and to place certain responsibilities on the Minister designated for the purposes of the Act and on the President of the School.
Division 36 of Part 4 amends the Bank Act by adding a preamble to it.
Division 37 of Part 4 amends the Corrections and Conditional Release Act to eliminate the requirement of a hearing for certain reviews.
Division 38 of Part 4 amends the Coasting Trade Act to add seismic activities to the list of exceptions to the prohibition against foreign ships and non-duty paid ships engaging in the coasting trade.
Division 39 of Part 4 amends the Status of the Artist Act to dissolve the Canadian Artists and Producers Professional Relations Tribunal and transfer its powers and duties to the Canada Industrial Relations Board.
Division 40 of Part 4 amends the National Round Table on the Environment and the Economy Act to give the Round Table the power to sell or otherwise dispose of its assets and satisfy its debts and liabilities and to give the Minister of the Environment the power to direct the Round Table in respect of the exercise of some of its powers. The Division provides for the repeal of the Act and makes consequential amendments to other acts.
Division 41 of Part 4 amends the Telecommunications Act to change the rules relating to foreign ownership of Canadian carriers eligible to operate as telecommunications common carriers and to permit the recovery of costs associated with the administration and enforcement of the national do not call list.
Division 42 of Part 4 amends the Employment Equity Act to remove the requirements that are specific to the Federal Contractors Program for Employment Equity.
Division 43 of Part 4 amends the Employment Insurance Act to permit a person’s benefits to be determined by reference to their highest earnings in a given number of weeks, to permit regulations to be made respecting what constitutes suitable employment, to remove the requirement that a consent to deduction be in writing, to provide a limitation period within which certain repayments of overpayments need to be deducted and paid and to clarify the provisions respecting the refund of premiums to self-employed persons. It also amends that Act to modify the Employment Insurance premium rate-setting mechanism, including requiring that the rate be set on a seven-year break-even basis once the Employment Insurance Operating Account returns to balance. The Division makes consequential amendments to the Canada Employment Insurance Financing Board Act.
Division 44 of Part 4 amends the Customs Tariff to make certain imported fuels duty-free and to increase the travellers’ exemption thresholds.
Division 45 of Part 4 amends the Canada Marine Act to require provisions of a port authority’s letters patent relating to limits on the authority’s power to borrow money to be recommended by the Minister of Transport and the Minister of Finance before they are approved by the Governor in Council.
Division 46 of Part 4 amends the First Nations Land Management Act to implement changes made to the Framework Agreement on First Nation Land Management, including changes relating to the description of land that is to be subject to a land code, and to provide for the coming into force of land codes and the development by First Nations of environmental protection regimes.
Division 47 of Part 4 amends the Canada Travelling Exhibitions Indemnification Act to increase the maximum indemnity in respect of individual travelling exhibitions, as well as the maximum indemnity in respect of all travelling exhibitions.
Division 48 of Part 4 amends the Canadian Air Transport Security Authority Act to provide that the chief executive officer of the Authority is appointed by the Governor in Council and that an employee may not replace the chief executive officer for more than 90 days without the Governor in Council’s approval.
Division 49 of Part 4 amends the First Nations Fiscal and Statistical Management Act to repeal provisions related to the First Nations Statistical Institute and amends that Act and other Acts to remove any reference to that Institute. It authorizes the Minister of Indian Affairs and Northern Development to close out the Institute’s affairs.
Division 50 of Part 4 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to provide for the payment or reimbursement of fees for career transition services for veterans or their survivors.
Division 51 of Part 4 amends the Department of Human Resources and Skills Development Act to add powers, duties and functions that are substantially the same as those conferred by the Department of Social Development Act. It repeals the Department of Social Development Act and, in doing so, eliminates the National Council of Welfare.
Division 52 of Part 4 amends the Wage Earner Protection Program Act in order to correct the English version of the definition “eligible wages”.
Division 53 of Part 4 repeals the Kyoto Protocol Implementation Act.
Division 54 of Part 4 amends the Immigration and Refugee Protection Act and the Budget Implementation Act, 2008 to provide for the termination of certain applications for permanent residence that were made before February 27, 2008. This Division also amends the Immigration and Refugee Protection Act to, among other things, authorize the Minister of Citizenship and Immigration to give instructions establishing and governing classes of permanent residents as part of the economic class and to provide that the User Fees Act does not apply in respect of fees set by those instructions. Furthermore, this Division amends the Immigration and Refugee Protection Act to allow for the retrospective application of certain regulations and certain instructions given by the Minister, if those regulations and instructions so provide, and to authorize regulations to be made respecting requirements imposed on employers in relation to authorizations to work in Canada.
Division 55 of Part 4 enacts the Shared Services Canada Act to establish Shared Services Canada to provide certain administrative services specified by the Governor in Council. The Act provides for the Governor in Council to designate a minister to preside over Shared Services Canada.
Division 56 of Part 4 amends the Assisted Human Reproduction Act to respond to the Supreme Court of Canada decision in Reference re Assisted Human Reproduction Act that was rendered in 2010, including by repealing the provisions that were found to be unconstitutional and abolishing the Assisted Human Reproduction Agency of Canada.

Report Stage

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

Mr. Speaker, I wonder if the member could speak to the fact that we now have what appears to be a new practice that did not exist under previous administrations, being two omnibus budget bills a year.

That is what happened in 2012, with Bill C-38 and Bill C-45, and that is what is happening this year with Bill C-60 and Bill C-4. It means that every single budget is followed by a omnibus bill, which in the last two years has comprised 800 to 900 pages each time, of multiple separate acts. The Canadian Bar Association made the point on Bill C-4 that this reduces the ability to have proper hearings and scrutiny on each of the component parts of the legislation, and it violates parliamentary practice.

I wonder if my colleague from Winnipeg North would agree.

Economic Action Plan 2013 Act No. 2

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, it was interesting to listen to the member's speech. It is as though we are living in a parallel universe. The people I have talked to are worried about the fact that funds for social housing are disappearing, that child and family poverty in parts of our country have not gone down, that people are working two and three jobs just to feed their children and that student loan debt is increasing. Municipalities have been calling on the government to invest in infrastructure, whether it is sewer, water or roads.

With respect to the environment, over the last couple of weeks we saw Canada being castigated on the world stage for its grim record on greenhouse gas emission reductions, plus any of the other initiatives we might be taking around prevention and mitigation. Our former leader, the late Jack Layton, used to say that we needed to talk about the fact that it was fine to fix the roof, but it did not do us any good if the foundation was crumbling. I would argue that the foundation in Canada is crumbling under the government's watch.

With regard to Bill C-4, the NDP is opposing it both on process and content. This is just like the three previous omnibus budget bills, C-38, C-45 and C-60.

Bill C-4 would amend 70 pieces of legislation. It contains two entirely new acts, the Mackenzie gas project impacts fund act and the public service labour relations and employment board. In talking about this, I want to refer to the process for one moment. It is our responsibility as parliamentarians to thoroughly review legislation that comes before us, to call witnesses and propose amendments. We are not able to do that in this current democratic deficit climate.

I want to quote a couple of people who have commented on the government process with regard to omnibus bills.

In iPolitics, former finance officials Scott Clark and Peter DeVries stated:

Budget vagueness is a troubling trend. Vagueness and obtuseness have featured in successive budgets, with details provided in the omnibus budget bills. The real budget has now become the budget omnibus bill. This undermines the credibility and transparency of the budget and requires much more diligence in assessing budget proposals.

Andrew Coyne stated:

Not only does this make a mockery of the confidence convention—shielding bills that would otherwise be defeatable within a money bill, which is not—it makes it impossible to know what Parliament really intended by any of it. We've no idea whether MPs supported or opposed any particular bill in the bunch, only that they voted for the legislation that contained them. There is no common thread that runs between them, no overarching principle; they represent not a single act of policy, but a sort of compulsory buffet....But there is something quite alarming about Parliament being obliged to rubber-stamp the government's whole legislative agenda at one go.

I could not agree more with Mr. Coyne.

The challenge here is that time after time we have heard the government get up and say that the NDP has voted against X. What it does not say is that it was an omnibus budget bill that would change several different pieces of acts and regulations. Perhaps there were pieces of the legislation that we agreed with but also pieces we could not agree with. Therefore, we do a balancing act. We take a look at the overall public good, then we determine whether we will vote for or against. Unfortunately, with the way the government acts, we largely end up voting against its omnibus budget bills because we do not see them as being in the public good overall.

I want to highlight some of the changes proposed by this legislation. As I mentioned, it will amend or repeal 70 pieces of legislation in over 300 pages. It strips health and safety officers of their powers and puts nearly all of these powers into the hands of the minister. It significantly weakens the ability of employees to refuse work in unsafe conditions. It moves to eliminate binding arbitration as a method to resolve disputes in the public service. It guts Canada's most venerable scientific research institution, the National Research Council. It reduces the number of permanent members on the Veterans Review and Appeal Board and repeals the Canada Employment Insurance Financing Board. It pushes ahead with the Conservatives' ill-advised $350 million tax hike on labour-sponsored ventured capital funds and allows for three directors of the Canada Pension Plan Investment Board to be non-Canadian residents.

Many of the changes that proposed deserved separate legislation so we could have had that kind of thorough review. Instead, we have a bill that was rammed through and presented to three different committees in very limited time frames. Any amendments that were proposed by the official opposition or the opposition parties were rejected out of hand.

That is not good governance. That is what the Conservatives claim they stand for in this country: good governance, accountability, and transparency. None of those three are true.

I just want to touch on the Parliamentary Budget Officer for just one moment, another officer of Parliament who has been under attack by the government. He has been forced to go to court to try to get documents to demonstrate what kinds of savings are being proposed by the government.

The Parliamentary Budget Officer estimated that the overall impact of budget 2012, fiscal update 2012, and budget 2013 would be a loss of 67,000 jobs by 2017 and a 0.57% reduction in GDP. This is a significant decline in economic growth.

That leads me to the smoke and mirrors games played by the Conservatives. An article from November 13, on Global News, indicated that the government had“sat on more than $10 billion in funds Parliament approved and Canadians were told they could expect in 2012-13 through a slew of programs in dozens of departments”.

The federal government held on to more than $10 billion it was expected to spend in 2012-13, with almost half coming from two departments, according to recently published financial documents. These were funds Parliament approved and Canadians were told they could expect...including the Senate Ethics Officer, disability and death compensation at Veterans Affairs, and weather and environmental services for Canadians at Environment Canada.

I want to touch on one particular part of this fund, and that is Transport Canada. I do not know where most members live and whether the municipalities where they live are suffering the kinds of infrastructure deficits many of our communities are suffering from. Many of our communities have aging infrastructure, and this is a deficit that is being passed on to future generations, because we have refused consistently over decades to provide the federal contribution to updating and upgrading the infrastructure.

Interestingly, Transport Canada, with Infrastructure Canada, had the most trouble spending its budget.

In 2012-13, that department was responsible for almost $1.6 billion of Transport's overall $2.5 billion lapse, according to the Public Accounts....

Within Infrastructure Canada, a large chunk of the lapse in 2012-13 came from the Building Canada Fund, an $8.8 billion project announced in 2007. The project was set up to support national, regional, and municipal projects related to public transit, green energy and drinking water, among other priorities.

Last year, the two components of the funds—the “major infrastructure” and “community” components—were together slated to spend more than $2.2 billion. Only $1.1 billion made it out the door.

That is shameful. If that is the way the government is going to move toward balancing the budget, it is balancing the budget on the backs of our communities.

The Parliamentary Budget Officer suggested, in a review of the supplementary estimates, that the government has been unable to spend approximately $10 billion of the budgetary authorities provided by Parliament over each of the past three years. As such,

Parliamentarians may wish to seek clarification regarding why this level of unspent money remains so high, what measures will be undertaken by departments and agencies to ensure that spending directed by Parliament occurs, and whether all of the $5.4 billion sought in these supplementary estimates is actually required.

That is just one example. I just want to close by saying that child poverty is not even being tackled in this budget. I want to point to the grim record in British Columbia, where child and family poverty has simply not been tackled. There is absolutely a federal government role in this, and I would actually encourage members in this House to support my Bill C-233, which proposes a poverty reduction plan. The federal government can take some leadership.

I have just a couple of numbers here. B.C. had a child poverty rate of 18.6%, the worst rate of any province in Canada using the before-tax, low-income cutoffs of Statistics Canada as the measure of poverty.

By any measure, I think each and every one of us in this House would agree that children should come first and that it is time for the government to actually demonstrate leadership by putting in place programs and services that support our families and our communities.

Motions in Amendment

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

Mr. Speaker, I was not sure if my hon. colleague had given the member for Parkdale—High Park a promotion or demotion by making her leader of the Green Party.

However, on this particular debate, the Green Party and the NDP are on the same page. We completely lament the fact that this is an omnibus bill once again, with multiple sections that were very much deserving of a full parliamentary review and full and proper hearings in committee.

I want to begin my analysis of Bill C-4 in presenting the various amendments I have made for deletions with two fairly brief points to the substance of the abuse of Parliament that omnibus budget bills represent.

We have heard it said by Conservative members in their talking points that this is nothing new. In every debate we have on budget omnibus bills, we are told this is normal. However, although I have only been a member of Parliament since 2011, I have been around a long time, and I know that we have never had budget omnibus bills of the staggering length of these bills until the current administration. It is only under the current Prime Minister that we have seen an omnibus budget bill top 200 pages.

Between 1994 and 2005, there were occasions of omnibus budget bills, and they were averaging 73 pages. The first big whopper of an omnibus budget bill occurred under the current Prime Minister in 2009. The 2010 budget omnibus bill was almost 900 pages.

Then, by 2012, the Conservatives started a new process. Ironically, my very first question in the House once I was elected was on the 2011 budget. I asked the Minister of Finance if he was planning the abuse of process constituted by an omnibus budget bill. He said he was not. Well, 2011 was indeed the last year in which we did not see omnibus budget bills. By 2012, the Conservative administration had started this new practice of putting forward two omnibus budget bills. It now refers to it as a tradition, almost like having Easter in the spring and Christmas in December. It is a tradition, apparently, that we are now going to see a 300- to 400-page spring omnibus budget bill, followed by 200-, 300-, or 400-page fall omnibus budget bill. The government has done this now for 2012 and 2013.

What this does is make a mockery of Parliament. I cannot put it more strongly than that. The idea that we would have disparate, unconnected bills, many of them never mentioned in the budget, that do substantial damage—this one in particular to labour relations, previous ones to environmental concerns—is an offence to Parliament. There is no excuse for it.

Second, I know there has been a lot of public interest in the fate of members of Parliament like myself and my party. I quite clearly represent a party with fewer than 12 MPs; I represent a party with one MP. However, I am a party in the House. So are my colleagues in the Bloc Québécois, and so are four independent members of Parliament. We were treated differently, since there were multiple motions carried through multiple committees to require that substantive amendments be submitted at committee, where we are not members and do not have equal and full rights of participation.

I will set that aside for now. That is why all of my amendments presented today are deletions. I did have substantive amendments I would have liked to present at report stage. I had 26 substantive amendments that I did present to the finance committee, and they went through a very quick ritual slaughter. I would have liked for the people of Canada to know about those amendments. I would have liked to have brought them forward at report stage.

Before I move to the specific parts of the bill that Canadians need to know about, I want to make an overarching comment.

As the only member of Parliament for the Green Party, one of the great advantages of having to watch everything while also doing due diligence on behalf of my constituents is that I am able to see everything in a comprehensive overview, not just in silos. There are themes here. There are disparate bills, but the manoeuvres are the same. The manoeuvres go in the direction of increasing ministerial discretion, reducing objective criteria, removing boards and agencies that have independent expertise, and putting bills forward instead to systems of political whim.

That certainly was the case in budget omnibus Bill C-38 and Bill C-45. They reduced criteria, letting the minister of environment or the minister of natural resources make decisions without guidance.

In this particular omnibus budget bill, we see it happening quite a lot again. I will mention just a few of the areas.

Under the Canada Labour Code changes, which my friend from the official opposition already referred to, the changes go in the direction of removing health and safety officers and leaving decisions about health and safety up to the minister.

The same kinds of changes have happened in immigration. In Bill C-4, we see substantial changes in part 3, division 16, to the expression of interest system, basically for immigrants who are coming by way of economic advantage. The decision-making would now increasingly be by ministerial discretion.

Another area where we see ministerial discretion replacing an objective system is in division 14, in which we would repeal the Mackenzie Gas Project Impacts Act and replace it with a very similar Mackenzie gas project impacts funds act. In this change the one big difference between the two acts would be to replace an objective corporation, a regional organization that would make decisions about where the funds go, entirely with ministerial discretion.

My friend and colleague from the NDP, the member for Western Arctic, had this to say about it, because he has a lot of expertise in this area. He said:

There was an independent body set up by the Conservative government through an act of Parliament to manage this money and ensure that it was managed in a correct and careful fashion, following the procedures that had been set up and the planning that had taken place in these communities over a period of two years, from 2006 to 2008.

Then I have another excerpt from his quote:

What we have now is a move to a system that would have a Conservative minister handing out cheques for particular projects as he or she deems appropriate.

Before diving into the specifics of Bill C-4, I wanted to raise into higher profile a consistent ideological theme: moving more and more decision-making in our system of government, which is a parliamentary democracy, away from Parliament, and at the same time moving decision-making of ministers into more and more discretion with less and less guidance.

Those of us who have practised law at any time know that administrative law provides a certain amount of accountability whereby a minister has to follow certain prescribed considerations or in fact delegates authority to expert boards. Less and less will we see this. More and more will we see ministerial discretion. As well, we know that ministers do not really exercise discretion, not in this administration. They do what they are told by the people at PMO, who I think one Conservative described brilliantly as a series of Stepford wives who insist on certain decisions being made a certain way.

To raise my concerns in brief, this bill would do serious damage to the health and safety provisions of the Canada Labour Code. It would change the definition of danger and the ability to refuse dangerous work. It would remove the health and safety officers.

As well, a different section of this bill would change the Public Service Labour Relations Act, again for more ministerial discretion about which aspects of public service work would be considered to be essential and therefore not open to the usual recourse that trade unions have in negotiations.

We see changes to the Immigration Act to increase ministerial discretion. I would like to cite concerns from the Canadian Bar Association on the immigration law section. They wrote to the committee:

The CBA Section has concerns about the limited consultation on this important change to Canadian immigration law and policy. Bill C-4 would substantially change the way in which economic immigrants are selected to come to Canada. The Bill would remove these changes from Parliamentary scrutiny and approval and give what appears to be unilateral authority to the Minister of Citizenship and Immigration to change selection rules and procedures.

Another section of the bill that has gotten very limited public attention is the section that appears in part 3, division 7, which is in aid of getting rid of our deficit by selling off assets. This is the sale of 20,000 hectares described as the Dominion Coal Blocks land.

My amendments at committee, had they been approved, would have provided some conservation protection. These lands are among the most ecologically significant in Canada. They are the blocks in the Flathead Valley and Elk Valley. They are an integral part of what is called the Crown of the Continent, right near the Waterton-Glacier International Peace Park, which is an international peace park on both sides of the border.

The Flathead has been protected by the strange reality of its ownership by the federal government over these years, but it is now to be sold for coal mining. We need to ensure that careful concern is applied to the conveyance of these lands and to ensure that we do not contaminate adjacent park areas. This is a concern already expressed by the United Nations.

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, let me thank my colleague from Rimouski-Neigette—Témiscouata—Les Basques for seconding all of these changes.

Let us let Canadians know what all these amendments are in aid of. We are now debating Bill C-4, a second act to implement certain provisions of the budget, except that we are dealing with another attempt by the Conservatives to pull the wool over the eyes of Canadians. We want to slow the process down so that Canadians are not blindsided again with this omnibus legislation.

This is the fourth omnibus budget bill the government has brought in. Bill C-4 amends over 70 different pieces of legislation in over 300 pages. It follows on the heels of previous omnibus budget Bills C-38, C-45, and C-60. The bill contains entirely new laws: the Mackenzie gas project impacts fund act and the public service labour relations and employment board act. There are brand new acts within the bill.

Like its predecessor omnibus budget bills, this bill contains a wide variety of measures, many of which are not even in the budget and do not have any relationship to the budget. They are changes such as gutting health and safety protections for federal jurisdiction workers; cuts to reductions at the Veterans Review and Appeal Board; repealing the Canada Employment Insurance Financing Board; and changes to how we select Supreme Court judges.

These are not budget items, yet they are crammed into an omnibus bill, within a very short timeframe, to evade the scrutiny of Parliament. Canadians will not really have a full appreciation of the changes being made. It negates the opportunity of parliamentarians to hear a full range of witnesses, to engage in thorough examination, discussion, and debate about a bill, and to then propose reasoned amendments for improvements that would help make these laws better.

As we have seen in the past, because of the short timeframe, bills have been rushed through Parliament and passed, and then the government has had to go back and correct them after the fact because of mistakes it had made.

With this bill, as with all the other omnibus bills, Conservatives accepted not one amendment. They would not change even one comma. No one else has any good ideas. They would change nothing. In our discussions at committee, there were several amendments proposed. The NDP proposed 24. Other opposition parties proposed amendments. Not one change was accepted, as in the previous omnibus budget bills.

There was a time limit imposed on our study at committee. We had only two days of witnesses, including an hour with the minister, and there was a deadline of midnight. Everything we had not voted on in the bill was deemed passed, and if it was an amendment, it was deemed rejected. That certainly did not allow us much latitude for making changes or even for trying to slow down the parliamentary process and review.

Canadians are offended by this. We have heard from many Canadians who are getting the message about the lack of democracy in these omnibus budget bills. However, we also heard expert testimony.

The Canadian Bar Association testified at our committee during the two days of study. It said that “eschewing consultation and employing omnibus bills diminish the quality of our laws and the democratic process. We urge you to reconsider these practices”.

We completely agree.

We heard a variety of witnesses oppose the process of omnibus budget bills. The Canadian Taxpayers Federation agreed with us that this is a bad way to bring in legislation.

What it does is attach unpopular measures to popular measures and does not allow the separation of issues so that there can be good and thorough debate. It prevents separate votes on issues by lumping them all together. Obviously, it is less transparent and fundamentally less democratic. We believe that this evasion of parliamentary scrutiny is not worthy of the House.

Let me deal with the notion that this bill is in any way aiding the priorities of Canadians in terms of creating jobs and a stronger economy. In this bill, the Conservatives have failed to put forward significant job creation measures at a time when we are seeing stagnating incomes, stagnating wages, insecurity in the workplace, job insecurity, and all-time high household debt. This is at a time when we have a current account trade deficit of over $60 billion, which is a record for our country.

We believe that what the Conservative government ought to do is deal with the real challenges the economy is facing. Let me quote a couple of sources. The Conservatives may feel that they know better, but let us hear what the International Monetary Fund had to say:

...the IMF no longer views Canada as the growth engine of the G7 economies. While bettering the European members, Canadian growth is projected to play second fiddle to the U.S. in 2012, 2013 and 2014. Growth in “other advanced countries” not in the G7 club, such as the Scandinavian nations and Australia and New Zealand, are also projected to outperform Canada. Going forward, it predicts the Canadian economy will continue to be held back by high household debt levels and a cooling housing market.

That is the International Monetary Fund.

Business columnist David Olive wrote:

We know from the recent American and British experience with austerity chic that you cannot cut your way to prosperity. Indeed, sucking demand, or cash, out of an economy with cutbacks to government spending—including essential services and infrastructure upgrading—merely adds to the jobless lines and cuts household incomes. That, in turn, drives up social-spending costs related to mounting unemployment.

Clearly, the Conservative government is failing on the economy.

Let us hear from Paul Wells, from Maclean's, in his recent article, “Stephen Harper and the knowledge economy: perfect strangers”. He wrote:

...by the broadest measure of expenditure on research and development, Canada has fallen from 16th out of 41 comparable countries [since] the year Stephen Harper became prime minister...

The Conservative government is failing on so many counts to do the job on the economy, yet it has an omnibus budget bill that would cram in over 60 amendments to the Canada Labour Code. Anyone working anywhere in the federal jurisdiction, not just for the federal government but perhaps in the transportation sector, banking, telecommunications, interprovincial trucking, rail, ships, trains, or airlines, would be affected by this.

It would strip the powers of health and safety inspectors. They could inspect a workplace with a phone call. However, it would not be a qualified inspector; it would just be someone the minister appointed, who would not even have to be qualified.

There are so many regressive changes in this bill that attack the basic rights of people in the workplace. It is a colossal step backward. All Canadian workers should be very concerned about this legislation. It is a colossal step backward for Canadians.

New Democrats will not support the Conservatives' attempt to evade scrutiny by Parliament and Canadians. We oppose this budget and its implementation bills, unless it is revised to reflect the real priorities of Canadian families: creating quality, well-paid jobs; ensuring retirement security; fostering opportunities for young people; and making life for families more affordable.

I see that my time is up. I thank the House for the opportunity, and I welcome questions from my parliamentary colleagues.

An Act to amend the Federal Sustainable Development Act (duty to examine)

[Megan Leslie, NDP, Halifax, NS]

Mr. Speaker, I would like to start by congratulating and thanking my friend and colleague from Brome—Missisquoi. His work on this bill shows that he is an ardent defender of his constituents' interests. As an educator and an MP, he is in regular contact with the members of his community and he understands that the people he represents are concerned about our environment.

The hon. member for Brome—Missisquoi also stands up for the interests of all Canadians. This initiative not only benefits his constituents, but all of us.

I would like to congratulate him on taking this initiative and introducing a well-thought-out and carefully crafted bill in the House of Commons. He began an important debate in the House on the type of government that we want and what we expect from our government.

We must always take into account the impact that our decisions could have on future generations. Bill C-481 serves to remind us that we cannot be shortsighted when it comes to environmental issues. We are responsible for ensuring that any bill introduced in the House meets the needs of today without compromising those of the future.

As my colleague explained, this bill will ensure that we remain committed to the Federal Sustainable Development Act, which was passed unanimously by the House in 2008.

It is a very simple idea and something that all Canadians expect from their government. If we pass a law that says that we support sustainable development, then all of our laws will be in line with those principles.

My colleague from Brome—Missisquoi's idea is beautiful in its simplicity.

Not only would the bill put sustainable development at the forefront of all federal government decision-making, it would integrate sustainable development principles with the policy-making process itself. It would guarantee that all government decisions were in line with the principles of sustainable development that we all seemed so committed to just five years ago.

Bill C-481 does this by reinforcing legislation that already exists. It turns our current strategy for sustainable development into an effective strategy. Unfortunately, the Conservative government does not share my priorities on the environment or, I think, the priorities of a majority of Canadians, for that matter.

The Conservatives have spoken several times about the importance they give to the Federal Sustainable Development Act. Past ministers of the environment, and by now there is quite a roster, have said that the act ensures that the federal decision-making process on matters of the environment is done in a transparent and coherent manner. However, while Conservatives like to mention the Federal Sustainable Development Act, they are all talk and no action.

The government has not been interested in the principles of the act, but it does like to use it as a talking point to distract Canadians from its dismal record in promoting sustainable development and from its failure to act on the environment. Much like Conservatives like to use the word “conservation” without acting or to talk about their missing-in-action oil and gas regulations, it is all about drawing attention away from their failure on these issues. As I have said in the House before, what we need is less rhetoric and more meaningful, forward-looking action.

In the past few years, because of this inaction, we have seen a regression. We are actually moving backward. The Conservative government has been systematically dismantling environmental protection laws and has been using the least transparent methods available. For proof of that, we do not have to go back too far, just to 2012, when the government's infamous omnibus budget bills, Bill C-38 and Bill C-45, were passed, two of the most destructive pieces of legislation I have ever encountered.

The government has consistently disregarded the principles of sustainable development by using omnibus legislation to weaken environmental protections and by passing that legislation without proper examination or debate. Gutting the Fisheries Act, ransacking the Navigable Waters Protection Act, muzzling scientists, completely obliterating the national round table on the environment and the economy, and continuing to subsidize the oil and gas industry with $1.3 billion a year does not sound like sustainable development to me. Neither does denying the science behind climate change, wilfully ignoring the effects of global warming, or failing miserably to meet low emissions targets that we committed to in international climate negotiations.

What else does not sound sustainable? Since coming into power in 2006, the Conservatives have cut Canada's targets for the reduction of greenhouse gas emissions by 90%. That is not sustainable; it is actually irresponsible. Our actions now mean we are burdening Canadians who will come after us.

The Federal Sustainable Development Act was supposed to signal a change in how the government makes responsible and environmentally conscious decisions on behalf of Canadians. However, it has been five years since this legislation came into effect, and the government has failed to make this crucial transformation.

Implementing an effective sustainable development strategy is an attainable and necessary goal. It is about time that we respect the commitments we made to Canadians in 2008 by passing Bill C-481. We already agreed unanimously to the principles of the bill, so let us give it some teeth.

The bill offers an efficient strategy to achieve this by giving the Department of Justice the responsibility for reviewing bills and ensuring that all proposed legislation responds to the criteria laid out in the Federal Sustainable Development Act, which we all passed. We are not asking for a complete overhaul here. This is not about red tape or another level of bureaucracy; it is a change we can actually implement now.

Bill C-481 should be implemented. The Commissioner of the Environment and Sustainable Development noted that the integration of sustainable development in decision-making is an incomplete process. Enabling Bill C-481 would help us to bridge that gap. Operationalizing an effective approach to sustainable development has worked well in Canada, and it has already been done at the provincial level in Quebec.

My leader, the leader of the NDP, in his role as Quebec's minister of the environment, sustainable development and parks, wrote North America's first sustainable development law and amended Quebec's human rights charter to create the right to live in a clean environment. That is not a privilege but a right. That is the attitude we should have in this chamber when we talk about legislation and debate ideas and think about how to work together to create a better Canada. It is a right that we need to work toward. It is a right we need to work hard to protect.

In my last few moments, I would like to turn our attention to the people who live in our ridings, whom we as members of Parliament, represent. These are families in every riding across the country in Victoria, Yellowknife, Winnipeg, Toronto, and my own riding of Halifax. As legislators, we have accepted the responsibility to represent the hopes and dreams of our constituents. For many of those people, their hopes and dreams are better lives and brighter futures for their kids and their families.

However, as it stands now, our children and grandchildren are set to inherit the worst environmental, social, and economic debt the country has ever seen. This is not intergenerational equity. It is not a future that is bright or shining with promise; it is a future that I am afraid of. It is an injustice to leave this legacy behind to the generations that follow ours.

The reality of the situation is that if we do not go forward sustainably and we do not legislate for the future instead of just thinking about the short-term gains, then we are not working to defend the hopes and dreams of our constituents or the people they care about most. We are not doing our jobs as legislators.

We owe it to future generations of Canadians to pass this bill. For them, sustainable development should not be an afterthought, window dressing, or a buzzword. An effective sustainable development policy demands that the principles of sustainability be a part of the policy-making process from the start.

[Murray Rankin, NDP, Victoria, BC]

I certainly don't see it in my part of the world; I assure you.

In your brief you say, “Bills C-38 and C-45 work to improve regulatory efficiency” and “responsible environmental” performance.

Those were the bills that gutted the Fisheries Act and repealed the Canadian Environmental Assessment Act and replaced it with a very pale imitation of the statute that was repealed.

What are you proposing when you say that the full benefits require “effective and efficient...regulations and policy” that are “implemented on an aligned 'whole of government' and timely basis”?

Can you explain what you mean by that?

Offshore Health and Safety Act

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I would like to thank my colleague for her excellent question. I would also like to thank her for the work she is doing in her riding and her fondness for the people of Gaspésie—Îles-de-la-Madeleine. I know that she cares about them.

The long wait has made people very concerned about the offshore oil and gas industry. Had the government introduced regulations and laws to protect the health and safety not only of workers, but also of the environment much sooner, people in our region would have had an opportunity to share their ideas long before now. They would have had a chance to air their concerns, and they might have found their way to a consensus about how to develop marine resources.

Unfortunately, the government did not do that, and that is why people are hesitating now. They are very scared. They are worried about the fact that this could endanger all of the region's other industries, including tourism and fishing. Now, people are just not ready to give the go-ahead to offshore oil and gas development, and they have good reason to be concerned. The government could have implemented regulations and laws to ensure safe and sustainable development, but it did not. It did the exact opposite.

Because the government eliminated all kinds of environmental protections in Bill C-38, and because of the shortcomings of Bill C-5, which is before us now, people are not at all keen to give the go-ahead to offshore oil and gas development. The government should have been more reassuring. The government is supposed to protect the people, but it seems more inclined to do the opposite and endanger them. That is absolutely unacceptable.

[Megan Leslie, NDP, Halifax, NS]

Mr. Speaker, I would like to thank the hon. member for his question. Our constituencies share the same sea. The constituencies may be in two different provinces, but the Atlantic brings them together.

In terms of collaboration, it is interesting to note that the Conservative government really is the crime-and-punishment party in the House. The government does not consult people on the ground at all.

For example, on Bill C-2, safe injection sites, I do not recall any collaboration or any consultation happening with the people who were on the front lines who would actually understand how this kind of legislation would play out.

In the last session of Parliament, we saw more crime and punishment legislation that purported to be standing up for victims, but with no consultations with groups that represented victims and offenders and with groups that worked to try to achieve justice in our communities. It is the heavy hammer of the law. Conservatives are not being collaborative.

It did take 14 years for this bill to come forward, but as I said, the ideas and the solutions were there. When we collaborate, we are stronger because we can take those ideas, those solutions that other people may have, and work on them together. However, the government refuses to do that kind of collaboration.

In the last budget bill, Bill C-38, in spring 2012, we actually tried to make amendments correcting spelling. It is not that hard to admit that maybe something was spelled wrong and accept an amendment. We are all better for it when we collaborate. Conservatives do not have exclusive jurisdiction on good ideas. In fact, it would be the opposite. Let us correct the spelling, but that is not their modus operandi. They do not want to work with people.

Fisheries and Oceans

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I would like to thank my colleague for his efforts. We work together on the fisheries committee and I know that he is a very diligent and effective speaker in the House.

When it comes to the modifications to the Fisheries Act that were introduced in Bill C-38, I would posit that the government went way too far. We saw it when we did our study for invasive species in the Great Lakes, as he mentioned.

We do not know what the consequences are of changing environmental conditions. We do not know which species are going to be best placed to survive in the future. We know that there is change. We know that we lose species all the time and we know that nature tries its best to compensate. It needs all the tools that can be had, and that includes protection of fisheries habitat.

I do not have a crystal ball. I do not know what the commercial fishery is going to be in 20, 50, or 100 years. However, I know that if we destroy the fisheries habitat today without any form of compensation, those fish that might be replacing today's commercial fish might not exist in the future. We are putting our future at risk.

[Terence Hubbard]

Through these legislative changes, the Canadian Environmental Assessment Agency has developed a much more enhanced role than it ever had before.

Prior to 2010 and the first set of legislative changes that consolidated responsibility for comprehensive studies, which are the bigger environmental assessments that we carry out, and now through Bill C-38 and the new Canadian Environmental Assessment Act that's in place, we have consolidated responsibility from as many as 40 different federal departments and agencies that could have had environmental assessment responsibilities to three departments and agencies that are now responsible for these projects going forward.

CEAA being one of those agencies, the National Energy Board and the Nuclear Safety Commission being the other two, now plays a much more enhanced role than it ever did before. Prior to these changes that we put in place in 2010 and now through 2012, the Canadian Environmental Assessment Agency didn't have responsibility for carrying out any environmental assessments. Those responsibilities rested with different regulatory departments and agencies. Now we have an expert agency developing consolidated expertise to move forward on these reviews. Again, its role is limited to the environmental assessment process whereas the major projects management office is looking holistically at the system, whereby we have the environmental assessment process, the regulatory permitting processes at the back end of that process, such as the Fisheries Act and the Navigable Waters Protection Act, as well as all the related aboriginal consultation responsibilities. We pull that together to take a government-wide approach and perspective on these issues.

[Terence Hubbard]

Fundamental changes were made through the recent legislative changes that were introduced as part of Bill C-38, as part of the government's plan for responsible resource development.

That said, there are still a number of important issues that these projects bring forward that require a concerted whole-of-government approach to address. Many of the projects we are looking at and dealing with are multi-billion dollar projects that have important socio-economic and environmental impacts. These are complex issues and they require a whole-of-government approach to examining and exploring these issues. That's the role the major projects management office brings to these issues, to these projects, in pulling together the federal regulatory departments and agencies to have these conversations and develop a broader perspective on these issues.

[Jim Clarke, Director General, Major Projects Management Office, Department of Natural Resources]

Thank you for the opportunity to address the committee today.

Our opening remarks, as outlined on slide 2, will provide a brief overview of Canada's natural resource sector and the importance of major projects, then outline the role of the major projects management office, and then provide a brief update on the responsible resource development plan.

Turning to slide 3, natural resources have always been a cornerstone of the Canadian economy and remain so to this day. Currently, the natural resource sector represents 18% of nominal GDP and supports 1.8 million direct and indirect Canadian jobs. The sector also attracts nearly one-third of new capital investments, valued at $120 billion. Natural resources are also responsible for over half of our merchandise exports. Taxes and royalties from this sector support key government services such as education and health care.

Turning to slide 4, looking forward, it's estimated that there could be hundreds of major natural resource projects representing as much as $650 billion in investments in Canada's economy over the next decade. A modern regulatory system for the review of major projects will help attract continued investments to ensure we capitalize on natural resources opportunities to support Canadian jobs, growth, and prosperity during uncertain economic times.

It should be noted that timing is critical as emerging Asian and other international markets are necessary to replace traditional ones. As a result, major projects need to be managed well to ensure they meet their timelines.

Slide 5 outlines the main challenges with the previous regulatory system prior to the MPMO initiative. For example, legislation, regulations, and policies that deal with similar issues should always work in a coordinated fashion, but this was not always the case. Several other key issues existed.

Project reviews generally had no fixed timelines and had become unpredictable, sometimes taking many years to complete. Also, too many small routine projects with negligible environmental risk or risks that were already being managed elsewhere were taking up federal resources that could be applied to projects with a greater risk profile. Issues also existed with the way the crown was discharging its duty to consult with aboriginal groups; it was inconsistent and disorganized.

Finally, the gaps in environmental compliance and enforcement tools were another issue. This included gaps in environmental assessment follow-up, a requirement under the old regime that was not always consistently done. Furthermore, delays and duplication did not bring environmental benefits, but instead were compromising the effectiveness and efficiency of Canada's regulatory regime.

Addressing a system-wide challenge required a system-wide response. That segues into slide 6, which shows how the government-wide MPMO initiative established through budget 2007 was a response to the challenge of improving the regulatory system.

A cabinet directive was put in place to bring the system together. This included 12 partner departments and agencies that are committed to working better together in a horizontal manner on the issues facing major project reviews.

A major projects deputy minister committee was established to provide overarching governance and senior level oversight, and the MPMO was created within Natural Resources Canada to act as a focal point for the initiative.

This office has a dual mandate. It has an operational mandate to enhance existing processes and procedures for major project reviews, and it has a policy mandate to drive towards more fundamental improvements.

We have a small but dedicated team of 25 people. Both the operational and the policy sides of the MPMO are driving towards the same strategic outcomes to ensure improvements in the regulatory system. The MPMO initiative provides capacity investments for six key regulatory departments, and funding was renewed in 2012, to go until March 2015. I'll now turn to slide 7.

Regarding project management, slide number 7 contains information on the management of the MPMO's portfolio. That includes about 75 projects that represent $218 billion in potential new investments in the country. Mining projects are represented in 71 of the portfolios, while the rest is made up of energy projects. As you can see, the portfolio includes complex projects from the natural resources sector.

Slide 8 describes the suite of operational enhancements put in place through the initiatives that have been implemented across departments. New tools have been created to make project reviews more timely and predictable, such as project agreements, weekly status reports, and monthly deputy minister committee meetings.

The whole-of-government approach to aboriginal consultation has been developed to improve the consistency and meaningfulness of consultation for major projects. An MPMO client account manager is assigned to each project to serve as a single window for proponents and to ensure that project-related issues are identified and resolved in a timely manner.

Our IT tool, the MPMO tracker, allows anyone to track the completion of project review milestones online, allowing for a far more transparent process. As a result, the measures put in place help reduce project review timelines while maintaining our high environmental standards and the overall effectiveness of the review process.

Slide 9 shows that in terms of the policy mandate, the MPMO has been driving systemic change across government. Since 2007, the MPMO initiative has served as a focal point for collaborative policy work to advance fundamental reforms, including legislative changes.

The MPMO is providing horizontal leadership to advance system-wide the suite of 12 regulatory initiatives under the current plan for responsible resource development, otherwise known as RRD. We're also responsible for bilateral and multilateral engagement with provinces; advancing the objective of one project, one review; implementing and overseeing the whole-of-government approach to aboriginal consultation for major projects; and advancing earlier engagement with aboriginal groups.

Slide 10 outlines how improvements to the regulatory system for major projects have been incremental in nature and builds on a series of regulatory reform initiatives put in place in recent years. In 2009, changes were introduced to accelerate infrastructure investments under Canada's economic action plan, which included an action plan to improve the regulatory regime in the north. In 2010, the government made targeted changes to the Canadian Environmental Assessment Act and established dedicated participant funding programs. Under Canada's economic action plan 2012, $165 million was allocated over two years to support responsible resource development, including renewal funding for the major projects management office initiative.

Through budget 2012, the government also introduced legislation to streamline the review process for major projects. That legislation, Bill C-38, was given royal assent on June 29, 2012, and implementation of these important changes is under way.

Slide 11 provides a summary of key changes under the plan for responsible resource development, or RRD. The plan focuses on four key objectives or pillars.

The first pillar improves process predictability and timeliness, which consolidates environmental assessment responsibilities from 40 departments and agencies to three. It sets legally binding timelines and ensures that information requirements are clear.

The second pillar reduces duplication in the system by enabling substitution with provinces and allowing organizations that are capable of issuing regulations to issue them.

The third strengthens environmental protection, which focuses resources on major projects where there could be risks, but also introduces new enforcement and compliance measures.

The fourth pillar enhances aboriginal consultation and engagement, which I'll explain in more detail in the next slide, considering its importance to major projects.

Turning to slide 12, the aboriginal consultation and engagement pillar is critical for responsible resource development. Key policy commitments include: allowing better integration of aboriginal consultations into the new environmental assessment and regulatory processes; providing $13.5 million as part of budget 2012 for funding over two years to support consultations with aboriginal peoples; establishing consultation agreements with aboriginal groups and provincial governments.

The objective of these measures is to promote positive and long-term relationships with aboriginal communities. This will help improve reconciliation and facilitate greater participation of aboriginal people in the direct and indirect benefits of new resource projects.

Added to these initiatives is the fact that the Prime Minister has appointed Doug Eyford as a special federal representative on west coast energy infrastructure to engage aboriginal groups on energy infrastructure issues and opportunities. His report is due at the end of this month, on November 29.

Furthermore, the government has recently introduced a new publicly available online tool called ATRIS, the aboriginal and treaty rights information system. It provides users with information on treaties or agreements and claims processes on a geographic basis. This increases the accessibility of up-to-date, site-specific information on the rights or potential rights of aboriginal groups.

On the final slide, I'd like to outline our near-term priorities. Moving forward we'll be working to fully implement RRD and its related regulatory framework. From a policy perspective we'll continue to work with partners and provincial governments to advance the objective of one project, one review.

We are also working to ensure the successful transition of 75 projects to the new regulatory model enacted as part of RRD. We will continue to provide oversight and coordination of the whole-of-government approach to aboriginal consultation and engagement for major projects.

We would like to thank you for your interest in the work of the MPMO and for providing time for us today on your agenda. We'd be happy to answer your questions.

Opposition Motion--Keystone XL Pipeline

[John McKay, Liberal, Scarborough—Guildwood, ON]

Mr. Speaker, thank you for the opportunity to participate in this debate. As a Liberal participating in the debate, it is kind of amusing to listen to my NDP colleague, who does not seem to be able to walk and chew gum at the same time.

The issue is that Keystone starts out as a no-brainer. The Prime Minister rightly describes the project as a no-brainer. It has huge economic significance. It is a significant economic driver for both Alberta and the Canadian economy, yet at this point, it has gone from no-brainer to cliffhanger. How did we get from no-brainer to cliffhanger? It was by not paying attention to the environmental impact of oil sands development.

The world has noticed. We did not win those Kyoto fossil awards for nothing. The government worked at it. The world has noticed. The United States, the anti-Keystone folks, and President Obama have noticed. Because Canada, for the last six or seven years, has done nothing about getting control over the ever-escalating emissions from oil sands development out in Alberta, both in intensity and in quantity, we now have a significant issue on our hands.

My colleague has reminded me that I am splitting my time with the member for Kingston and the Islands. I apologize to my friend.

The issue here is gross mismanagement of a fundamental economic issue. Now we have moved it from no-brainer to cliffhanger. Now we see the Prime Minister going down to New York saying that he will not take no for an answer. Well, I am sure President Obama woke up in the middle of the night and said, “Michelle, the Prime Minister will not take no for an answer. My goodness gracious me, what am I going to do?” I am sure Michelle said, “Just go back to sleep, Barak, and stop snoring”.

For goodness' sake, one does not go down to the most powerful country in the world and say to the President of the United States of America, who controls whether or not Keystone proceeds, that we are not going to take no for an answer, then line up with the nutters in the Tea Party, President Obama's most difficult constituency, who brought the United States' government to a situation of near paralysis.

It is quite bizarre that the Prime Minister should actually be flummoxed as to why Keystone has become a cliffhanger. He is flummoxed that this no-brainer is apparently not going to proceed without some pretty significant intervention. It has an enormous economic cost for our country. Not only is it economic mismanagement, it is environmental mismanagement and political mismanagement. We are talking about potentially one of the most significant economic developments this country has seen. Yet we are in a situation now where we have no regulatory environment for those who create GHG emissions, except for the Government of Alberta, which is doing all the heavy lifting in terms of emissions into both the air and the water.

The chickens are coming home to roost. We ignore the environment at our peril, and the Prime Minister has ignored the environment. It is quite clear from actions such as limiting the budget of the ministry of the environment and Bill C-38, which basically gutted many of the environmental protections.

For goodness' sake, all of the new development in the oil sands is in situ.

There are two ways in which they can take the bitumen out of the ground. They either do it in open-pit mining or in situ. The Conservatives, last week, said that the federal government will no longer do environmental reviews on in situ mining. What message did that send to President Obama? Does that reinforce the notion that Canada could do potentially more to mitigate carbon release, or that he has not seen any specific ideas or plans from Canada that would help offset concerns? Or is it just that the Prime Minister has, through his actions and his inept handling of this file, handed a huge two-by-four to those who wish to oppose this pipeline issue so they can whack him over the head with it, but also whack President Obama over the head? President Obama does not appreciate it when a significant ally, an important economic partner, makes it very difficult for him to approve this particular initiative.

Shipping bitumen is not the issue here. Bitumen gets shipped by pipelines and creates no more and no less GHGs than shipping by truck or by rail. In fact, it is arguably safer. The issue is in the production. It is not in the tailpipe, not in getting there, but in the production. In the number of years that the current government has been in office, it has not been able to or willing to regulate emissions. As a consequence, industry has a cheerleader. It does not have a regulator, it has a cheerleader. Therefore, anything that the oil sands industry does is good and anything that a regulator does is bad. The government has absented itself from the regulation of the oil sands, and as I say, left the heavy lifting to the Government of Alberta and to a lesser extent the Government of Saskatchewan.

Hence, we have Premier Redford making regular trips down to Washington to sell the idea of Keystone because it is extremely important to her province. That has led to other issues. When they do not pay attention to environmental issues and legitimate concerns that come up in the shipping of bitumen or “dilbit”, as it is known, they create difficulties for themselves.

A little example is in the neighbourhood where the Speaker and I live, namely Line 9. The City of Toronto submitted some pretty important concerns to the NEB a few weeks ago. Many of them are very reasonable, but people have lost trust in the current government to stand up for them in terms of protecting their environment. Many of the concerns are simple things such as more valves, where the line is located, et cetera. The Government of Canada can issue permits, but it is only the people who can give the social licence to allow these kinds of projects to go ahead.

Hence, my leader is down in Washington. He does not trash-talk what happens in Canada. He tries to promote important projects. When he does that, we are all better off. Indeed we have to recognize that this industry is important.

There is no government, whether Green, NDP, Conservative or Liberal, that is going to leave that multi-trillion-dollar asset in the ground, nobody. The only question here is this. How do we get it out of the ground, minimize GHG emissions and be a leader in regulating this kind of activity, as opposed to a laggard? That is what gets us from here to there. That is what gets us from no-brainer to cliffhanger.

[Alexis Conrad, Director General, Skills and Employment Branch, Department of Human Resources and Skills Development]

Thank you, Mr. Chair.

First, I would to thank the committee for the opportunity to appear here today. I've had the opportunity to appear before the committee previously, and I appreciate your inviting me back.

You have already introduced my colleagues, but I will add their titles as well.

I'm joined by Catherine Allison, the director of strategic communications; Atiq Rahman, the director of policy and research, Canada student loans program; as well as David Dendooven, director of strategic policy, machinery of government, for the Privy Council Office.

If it pleases the committee, I will briefly introduce the proposed amendments to be discussed today. Following that, we will gladly answer any questions the committee may have.

Division 6 includes four components.

The first is the amendment to the Department of Human Resources and Skills Development Act to change the name of the department to the “Department of Employment and Social Development” and to reflect that change in the title of the minister and of the act.

The second is the amendment to the Salaries Act. These amendments reflect changes to the ministry announced on July 15, 2013. The first amendment updates the Salaries Act to reflect the legal title of the Minister of Employment and Social Development. The second amendment adds the new ministerial position “Minister of Infrastructure, Communities and Intergovernmental Affairs” to the Salaries Act.

In the third component are the amendments affecting the Canada student loans program. The Jobs, Growth and Long-term Prosperity Act, which was given royal assent in June 2012, amended the Department of Human Resources and Skills Development Act by replacing part 6 with provisions dealing with the electronic administration or enforcement of the Canada Pension Plan, the Old Age Security Act, and the Employment Insurance Act, in addition to any program that is supported by grants and contributions under section 7 of that act.

Further amending the act to expand the minister's authority to electronically administer or enforce the Canada student loans program is consistent with the economic action plan 2013's commitment to examine new ways to transform the Government of Canada's business to improve service and achieve efficiencies.

This amendment will modernize the delivery of the Canada student loans program through electronic enhancements to improve the process for students and their families and at the same time realize savings from increased efficiency. The enhancements include: electronic signatures; electronic verification of identity; and allowing the transfer of electronic documents. All of these are central to the Canada student loans program's electronic service delivery renewal.

Finally, the amendments related to the temporary foreign worker program will facilitate the ability to electronically administer and enforce the program, rather than relying on a cumbersome, paper-based process. Similar to the Canada student loans program, these amendments will expand the minister's authority to electronically administer and enforce the temporary foreign worker program and are consistent with the economic action plan 2013's commitment to examine new ways to transform the way the government does business in order to improve service and achieve efficiencies.

Specifically, the amendments will ensure that the temporary foreign worker program can continue to provide effective and efficient services to employers while ensuring the integrity of the labour market opinion process. These proposed amendments will allow the department, subject to regulations, to improve online delivery and could support other integrity measures being pursued by the department by providing the legal framework to obtain electronic signatures on labour market opinion applications; eliminating the need to retain and store paper-based copies of LMO applications; enabling secure online payment for LMO processing; and finally, improving the efficiency of the assessment process by preventing employers from submitting incomplete applications and by allowing employers to upload supporting documents throughout the assessment process.

Thank you, Mr. Chair. We would be happy to answer any questions the committee members may have.

Safeguarding Canada's Seas and Skies Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is a pleasure to rise today to address Bill C-3. It is an interesting bill, to say the least.

I have some opening remarks that I would like to get on the record regarding what I think are some interesting points.

First, it is important to note that here we are in day two of debate, and I give credit to the government as it has not yet introduced time allocation. I think that is an encouraging thing. I hope that I do not precipitate the government bringing in time allocation, but I think it is important to recognize that it has not.

The other interesting thought I want to share with the House is in regard to the name of the bill. It is an interesting name, the safeguarding Canada's seas and skies act. If one has listened to a lot of the debate that has taken place today, there has been a great deal of discussion about our environment and oil, and the importance of those two issues. I plan on adding some comment on that.

Suffice it to say that I believe there is someone somewhere within the Prime Minister's Office, who I suspect gets paid quite well with tax dollars, whose job it is to come up with creative names for the legislation that comes before the House of Commons. I have had the opportunity to briefly go through the bill and I never would have thought of it as being the safeguarding Canada's seas and skies act. To me, that is not necessarily the most appropriate name.

When I think of the bill, after having gone through it somewhat briefly, a lot of the changes are of a very technical nature. In fact, members will find more substantial changes to legislation affecting our waterways or our environment in budget legislation. We have had three huge budget bills that contained, for example, changes for our waterways. Hundreds, if not thousands, of waterways were profoundly affected by using the back door of a budget bill to make significant changes to our waterway and environmental legislation.

Of course, we had a bill within the budget bill, Bill C-38, which was passed, that I thought was quite an interesting change. I think very few people picked up on it, but it was a fairly significant change. In essence, it allowed the cabinet to get more politically involved in pipeline projects by getting the final say. As opposed to allowing our National Energy Board to review and base decisions on science and the best interests of the environment, we had legislation, again brought through under the pretense of a budget implementation bill, that made quite a significant change in allowing the cabinet to make the decision. The bill took the decision out of the regulatory regime and ultimately it now rests with the cabinet. Again, this was something that was done in a budget bill.

Having said that, I want to respond to a lot of the comments made by members of the New Democratic Party particularly, and to a certain extent members from the Conservative Party, that I found quite interesting on the whole issue of oil and the impact oil has on our environment. This has been widely covered in the discussions. The transportation of oil is of national interest. It is not something that Canadians take lightly. Indeed, it is a very serious issue that deserves a great deal of debate inside the House.

It has been interesting to follow some of the debate on this very important issue. Oil is a natural resource from which all of us have benefited immensely. Every Canadian from coast to coast to coast has benefited from Canada's ability to export oil. It is what has enabled us to pay for much of what we have today. It has improved the quality of every Canadian's lifestyle. It is encouraging when we see developments where we have capitalized on this wonderful natural resource, whether in Alberta, Newfoundland and Labrador, Nova Scotia, or Saskatchewan.

It is also important that we behave responsibly with respect to our environment and the way we transport that oil, whether by train, pipeline, or ship. There are areas we can improve upon.

I have been following the debate on the Keystone issue, as have many Canadians. What I like about Keystone is that it has shown the different types of leadership for each political party. All three leaders have gone to the United States to deal with the transportation of oil via pipelines.

On the one hand, the leader of the New Democratic Party, a while back, went to the U.S. and dumped all over Canada, and to a certain degree, our natural resources. I do not think it went well.

The leader of the Liberal Party went to Washington and talked about the benefits of Keystone for both Canada and the U.S., with an emphasis on the benefits to Canada and how important it is that we also pay attention to our environment.

The Prime Minister, bypassed Washington and flew to New York. In New York, his statement was that the government would not accept no for an answer. I suspect that this profound statement by the Prime Minister in New York did not keep President Obama up late at night. Given the importance of Keystone to all the stakeholders, I believe that the Prime Minister should have gone to Washington, discussed it in a conciliatory fashion, negotiated in good faith, lobbied, and shown concern for the environment.

Pipelines are important for transporting oil. If it were not for the pipelines, the amount of train traffic would increase substantially. We are all aware of the rail lines and the number of accidents that have occurred.

We need to do a lot more in terms of rail line safety and ensuring that communities, where there is a high density of population, or even a low-density population, or a pristine environment, whether it is lakes or rivers, are being protected. We could do a whole lot more in ensuring a secure environment in the transportation of oil in our pipelines and on our trains.

When we look at the specifics of Bill C-3 in terms of what it would do, and when we reflect on what I have stated, I am suggesting that once it is all said and done, we could have done a whole lot more in taking that—and I often use these words—holistic approach. I do believe that it is an applicable term for this piece of legislation. I believe we could have taken a larger holistic approach in dealing with these issues, as opposed to it being done in a piecemeal fashion.

In order to illustrate that, I thought I would highlight specifically what is inside the legislation. This way the House will get a better understanding of why I am suggesting it should have been a stronger holistic approach.

In essence, the bill is broken into four different parts. Part one deals with the minister undertaking to indemnify all aviation industry participants. This gets back to the whole issue of terrorism and war risks. The issue of insurance has become a very hot issue in what role the government should and could be playing. This is something that has been deemed necessary. From what I understand, the government in the past has attempted to bring it in, and it has incorporated it into this bill. I suspect the genesis of the idea might be the whole 9/11 issue and the cost that followed 9/11 in terms of insurance. There is some benefit in acknowledging that part one is an important part of the legislation.

We would go on then to part two. I thought part two was interesting. It mentions that new powers, comparable to the powers exercised by the Canadian Transportation Accident Investigation and Safety Board, are being given to the Canadian Forces air worthiness investigation authority to enable it to investigate military-civilian occurrences. Again, this is something that is hard to argue against. Based on my understanding and what has been provided to me, this is a movement in the right direction.

I was a member of the Canadian Forces for a few years. The area I was posted to was squad 435 search and rescue, in air traffic control in Edmonton. I had the opportunity to meet with a number of pilots, navigating officers, radar officers and aircraft professionals, and I can tell the House that there is a high degree of incredible individuals who have a level of expertise that should and could be tapped into. I would think there is some merit in what is being proposed here, and to that extent, there is merit for part two.

We then get into an area in which there has been a great deal of discussion today. That is the area I was referring to on the Canada Marine Act. In relation to the effective date of the appointment of a director of a port authority, we need to recognize we have 18 Canadian port authorities that are operating in Canada.

We are seeing a little more clarity in the appointment process in relation to the effective date of an appointment for the director. There is some merit there. When I say “merit”, it does not necessarily mean it absolutely, definitely should happen; I mean that there is benefit in allowing the bill to go to committee, and in principle I am supporting that aspect of it.

Part 4 is a very important aspect of the bill, and I suspect it is one of the reasons we are getting so much discussion on it. Hopefully I will be able to get through reading this part, because it is important.

Part 4 amends the Marine Liability Act to implement the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010, in particular a couple of clauses.

The MLA provides for the liability of ships' owners and operators for damage caused by pollutants. In particular, it implements in Canada the liability scheme established by the International Convention on Civil Liability for Oil Pollution Damage; the International Convention on Civil Liability for Bunker Oil Pollution Damage of 2001, which is known as the bunker convention; and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, and in 2003, the protocol to that convention, the acronym being the IOPCF convention, creating the international compensation fund and a supplementary fund to compensate for oil pollution damage covered by the CCL and the bunker convention.

That, in my mind, emphasizes just how important it is for us to look at the whole issue of oil transportation. That is the reason I spent some time talking about the ways in which we transport oil. We have a lot of control here in Canada through our rail lines. We have control through our pipelines to properly regulate and protect. Where it becomes more challenging is once we get to our oceans and our ports.

It can be very difficult to ensure that we are providing the type of diligence that is important and providing the resources that are necessary for enforcement. We talk about what takes place within the line of responsibility, I believe 200 miles from our coastline, and we anticipate that it will be extended. We have to have an insurance scheme in place, which could lead to a wide variety of revenue sources to support it, but we have to have compensation sufficient to clean up the oil spills that will take place.

There are vast amounts of oil in our oceans today, and the question is what is actually being done to clean up that oil. Not only do we have a responsibility for Canada and our shorelines in that 200-mile zone, but I would argue that we can go beyond that. That is why it is important as a nation that we should be leading some dialogue on how we can have an impact on cleaning up oil spills throughout the world, whether it is the Atlantic Ocean, the Pacific Ocean, or any other international body of water where the restrictions are not as strong. The need is still there, and the Canadian public want and desire strong leadership on this issue.

That is one of the reasons I believe the government could have come up with more substantial legislation to deal with the many concerns that Canadians have on this very important issue.

Mr. Speaker, I thank you for the opportunity to share a few thoughts and words.