Jobs, Growth and Long-term Prosperity Act

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

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 18, 2012 Passed That the Bill be now read a third time and do pass.
June 18, 2012 Failed That the motion be amended by deleting all of the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, because this House: a) does not know the full implications of the budget cuts given that the government has kept the details of the $5.2 billion in spending cuts from the Parliamentary Budget Officer whose lawyer, Joseph Magnet, says the government is violating the Federal Accountability Act and should turn the information over to the Parliamentary Budget Officer; b) is concerned with the impact of the changes in the Bill on Canadian society, such as: i) making it more difficult for Canadians to access Employment Insurance (EI) when they need it and forcing them to accept jobs at 70% of what they previously earned or lose their EI; ii) raising the age of eligibility for Old Age Security and the Guaranteed Income Supplement from 65 to 67 years and thus driving thousands of Canadians into poverty while downloading spending to the provinces; iii) cutting back the federal health transfers to the provinces from 2017 on, which will result in a loss of $31 billion to the health care system; and iv) gutting the federal environmental assessment regime and weakening fish habitat protection which will adversely affect Canada's environmental sustainability for generations to come; and c) is opposed to the removal of critical oversight powers of the Auditor General over a dozen agencies and the systematic concentration of powers in the hands of government ministers over agencies such as the National Energy Board, which weakens Canadians' confidence in the work of Parliament, decreases transparency and erodes fundamental democratic institutions by systematically eroding institutional checks and balances to the government's ideologically driven agenda”.
June 13, 2012 Passed That Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be concurred in at report stage.
June 13, 2012 Failed That Bill C-38 be amended by deleting the Schedule.
June 13, 2012 Failed That Bill C-38, in Clause 753, be amended by replacing lines 8 and 9 on page 424 with the following: “force on September 1, 2012.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 711.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 706.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 700.
June 13, 2012 Failed That Bill C-38, in Clause 699, be amended by replacing line 16 on page 401 with the following: “2007, is repealed as of April 30, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 699.
June 13, 2012 Failed That Bill C-38, in Clause 696, be amended by replacing lines 2 and 3 on page 401 with the following: “on September 15, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 685.
June 13, 2012 Failed That Bill C-38, in Clause 684, be amended by replacing lines 6 to 8 on page 396 with the following: “684. This Division comes into force on September 1, 2012.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 661.
June 13, 2012 Failed That Bill C-38, in Clause 681, be amended by replacing lines 32 to 34 on page 394 with the following: “681. This Division comes into force on January 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 656.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 654.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 620.
June 13, 2012 Failed That Bill C-38, in Clause 619, be amended by replacing lines 22 and 23 on page 378 with the following: “608(2) and (3) come into force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 606.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 603.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 602.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 595.
June 13, 2012 Failed That Bill C-38, in Clause 594, be amended by replacing lines 6 and 7 on page 365 with the following: “on April 30, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 578.
June 13, 2012 Failed That Bill C-38, in Clause 577, be amended by replacing lines 18 to 20 on page 361 with the following: “577. This Division comes into force on June 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 532.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 531.
June 13, 2012 Failed That Bill C-38, in Clause 530, be amended by replacing lines 24 and 25 on page 342 with the following: “on January 15, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 526.
June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by deleting lines 6 to 10 on page 341.
June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by replacing lines 6 to 10 on page 341 with the following: “And whereas respect for provincial laws of general application is necessary to ensure the quality of the banking services offered;”
June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by replacing line 33 on page 340 with the following: “Whereas a strong, efficient and publicly accountable banking sector”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 525.
June 13, 2012 Failed That Bill C-38, in Clause 522, be amended by replacing line 2 on page 340 with the following: “possible after the end of each fiscal year but”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 516.
June 13, 2012 Failed That Bill C-38, in Clause 515, be amended by replacing line 28 on page 338 with the following: “September 1, 2013 or, if it is later, on the day on”
June 13, 2012 Failed That Bill C-38, in Clause 508, be amended (a) by replacing line 1 on page 336 with the following: “( b) humanely dispose of that animal or thing or require” (b) by replacing line 3 on page 336 with the following: “care or control of it to humanely dispose of it if, according to expert opinion, treatment under paragraph ( a) is not feasible or is not able to be carried out quickly enough to be effective in eliminating the disease or toxic substance or preventing its spread.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 506.
June 13, 2012 Failed That Bill C-38, in Clause 505, be amended by replacing lines 9 and 10 on page 333 with the following: “on January 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 490.
June 13, 2012 Failed That Bill C-38, in Clause 489, be amended by replacing line 20 on page 329 with the following: “February 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 487.
June 13, 2012 Failed That Bill C-38, in Clause 486, be amended by replacing line 30 on page 328 with the following: “January 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 484.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 481.
June 13, 2012 Failed That Bill C-38, in Clause 480, be amended by replacing line 13 on page 326 with the following: “subsection 23(1) and all criteria and factors considered in reaching a decision or sending notice under that subsection, with the exception of all commercially sensitive information;”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 479.
June 13, 2012 Failed That Bill C-38, in Clause 478, be amended by replacing lines 25 to 27 on page 325 with the following: “478. This Division comes into force on September 15, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 476.
June 13, 2012 Failed That Bill C-38, in Clause 475, be amended by replacing lines 18 and 19 on page 324 with the following: “tion 4.1, including their issuance and their”
June 13, 2012 Failed That Bill C-38, in Clause 474, be amended by replacing line 3 on page 324 with the following: “that he or she considers appropriate for assuring the quality of seeds and seed crops, subject to the conditions set out in subsection (5).”
June 13, 2012 Failed That Bill C-38, in Clause 473, be amended by replacing lines 12 and 13 on page 323 with the following: “tion 4.2, including their issuance and their”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 473.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 468.
June 13, 2012 Failed That Bill C-38, in Clause 467, be amended by replacing lines 3 to 5 on page 322 with the following: “464 and 465, come into force on June 15, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 446.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 445.
June 13, 2012 Failed That Bill C-38, in Clause 444, be amended by replacing lines 1 to 3 on page 306 with the following: “444. This Division comes into force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 441.
June 13, 2012 Failed That Bill C-38, in Clause 440, be amended by replacing lines 21 and 22 on page 305 with the following: “force on January 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 427.
June 13, 2012 Failed That Bill C-38, in Clause 426, be amended by replacing lines 1 to 3 on page 299 with the following: “426. This Division comes into force on May 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 420.
June 13, 2012 Failed That Bill C-38, in Clause 419, be amended by replacing lines 12 and 13 on page 295 with the following: “force on January 1, 2016.”
June 13, 2012 Failed That Bill C-38, in Clause 416, be amended by replacing line 40 on page 292 with the following: “considers appropriate and must be subject to regulatory approval.”
June 13, 2012 Failed That Bill C-38, in Clause 413, be amended by deleting lines 25 and 26 on page 291.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 412.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 411.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 391.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 378.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 377.
June 13, 2012 Failed That Bill C-38, in Clause 374, be amended by replacing lines 31 to 33 on page 280 with the following: “374. This Division comes into force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38, in Clause 368, be amended by adding after line 34 on page 274 the following: “(3) Every officer appointed under this section must conduct every operation, wherever it takes place, in a manner respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 368.
June 13, 2012 Failed That Bill C-38, in Clause 367, be amended by replacing lines 9 and 10 on page 272 with the following: “force on January 1, 2014.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 353.
June 13, 2012 Failed That Bill C-38, in Clause 325, be amended (a) by replacing line 20 on page 244 with the following: “(2) The Minister shall conduct a comprehensive review of the manage-” (b) by replacing line 22 on page 244 with the following: “at least every 10 years, taking into account any feedback received from the public under subsection (2.1), and shall cause any” (c) by adding after line 24 on page 244 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
June 13, 2012 Failed That Bill C-38, in Clause 324, be amended (a) by replacing lines 13 and 14 on page 244 with the following: “(2) The Minister shall conduct a comprehensive review of the management plan for each park at least every 10 years, taking into account any feedback received from the public under subsection (2.1),” (b) by adding after line 16 on page 244 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
June 13, 2012 Failed That Bill C-38, in Clause 319, be amended (a) by replacing line 39 on page 243 with the following: “(2) The Minister shall conduct a comprehensive review of the manage-” (b) by replacing line 41 on page 243 with the following: “protected heritage area at least every 10 years, taking into account any feedback received from the public under subsection (2.1),” (c) by adding after line 43 on page 243 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
June 13, 2012 Failed That Bill C-38, in Clause 318, be amended by adding after line 36 on page 243 the following: “(2) The report referred to in subsection (1) shall include, for the previous calendar year, all information related to any action or enforcement measure taken in accordance with subsection 6(1) under any Act or regulation set out in Part 3 or Part 4 of the Schedule.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 317.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 315.
June 13, 2012 Failed That Bill C-38, in Clause 314, be amended by replacing lines 8 and 9 on page 242 with the following: “on May 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 304.
June 13, 2012 Failed That Bill C-38, in Clause 303, be amended by replacing lines 2 and 3 on page 235 with the following: “on September 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 283.
June 13, 2012 Failed That Bill C-38, in Clause 281, be amended by replacing line 33 on page 226 with the following: “April 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 223.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 219.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 218.
June 13, 2012 Failed That Bill C-38, in Clause 217, be amended by replacing lines 21 to 23 on page 194 with the following: “217. This Division comes into force on April 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 217.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 214.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 209.
June 13, 2012 Failed That Bill C-38, in Clause 175, be amended by replacing line 17 on page 185 with the following: “financial statements of the Council, and the Council shall make the report available for public scrutiny at the offices of the Council.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 170.
June 13, 2012 Failed That Bill C-38, in Clause 163, be amended by replacing line 29 on page 181 with the following: “(6.1) Subject to subsection 73(9), the agreement or permit must set out”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 163.
June 13, 2012 Failed That Bill C-38, in Clause 161, be amended by deleting lines 32 to 39 on page 180.
June 13, 2012 Failed That Bill C-38, in Clause 160, be amended by replacing line 13 on page 180 with the following: “published in the Environmental Registry and in the Canada Gazette; or”
June 13, 2012 Failed That Bill C-38, in Clause 159, be amended by replacing line 25 on page 179 with the following: “mental Registry as well as in the Canada Gazette.”
June 13, 2012 Failed That Bill C-38, in Clause 157, be amended by replacing lines 37 and 38 on page 178 with the following: “and, subject to the regulations, after consulting relevant peer-reviewed science, considering public concerns and taking all appropriate measures to ensure that no ecosystem will be significantly adversely affected, renew it no more than once. (1.1) Before issuing a permit referred to under subsection (1), the Minister shall ensure that the issuance of the permit will not have any adverse effects on critical habitat as it is defined in subsection 2(1) of the Species at Risk Act. ”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 157.
June 13, 2012 Failed That Bill C-38, in Clause 156, be amended by replacing lines 29 and 30 on page 178 with the following: “and 153 come into force on July 1, 2015.”
June 13, 2012 Failed That Bill C-38, in Clause 154, be amended by replacing line 18 on page 177 with the following: “Act may not be commenced later than twenty-five years”
June 13, 2012 Failed That Bill C-38, in Clause 150, be amended by replacing lines 25 to 29 on page 176 with the following: “recommendation of the Minister following consultation with the public and experts or, if they are made for the purposes of and in relation to the subject matters set out in an order made under section 43.2, on the recommendation of the minister designated under that section following consultation with the public and experts.”
June 13, 2012 Failed That Bill C-38, in Clause 149, be amended by replacing line 40 on page 174 with the following: “( i.01) excluding certain fisheries, on the basis of public consultation and expert opinion, from the defini-”
June 13, 2012 Failed That Bill C-38, in Clause 148, be amended by replacing lines 15 to 21 on page 174 with the following: “42.1 (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration and enforcement of the provisions of this Act relating to fish habitat protection and pollution prevention for that year, including for those fisheries of particular commercial or recreational value and any fisheries of cultural or economic value for Aboriginal communities.”
June 13, 2012 Failed That Bill C-38, in Clause 145, be amended by replacing line 8 on page 164 with the following: “enforcement of this Act, provided that, with regard to the designation of any analyst, the analyst has been independently recognized as qualified to be so designated.”
June 13, 2012 Failed That Bill C-38, in Clause 144, be amended by replacing lines 46 and 47 on page 161 with the following: “results or is likely to result in alteration, disruption or serious harm to any fish or fish habitat, including those that are part of a commercial, recreational”
June 13, 2012 Failed That Bill C-38, in Clause 143, be amended by replacing line 17 on page 159 with the following: “made by the Governor in Council under subsection (5) applicable to that”
June 13, 2012 Failed That Bill C-38, in Clause 142, be amended by replacing line 5 on page 158 with the following: “(2) If conducted in accordance with expert advice that is based on an independent analysis so as to ensure the absolute minimum of destruction or disruption of fish populations and fish habitat, a person may carry on a work, under-”
June 13, 2012 Failed That Bill C-38 be amended by adding after line 32 on page 157 the following new clause: “139.1 The Act is amended by adding the following after section 32: 32.1 Every owner or occupier of a water intake, ditch, channel or canal referred to in subsection 30(1) who refuses or neglects to provide and maintain a fish guard, screen, covering or netting in accordance with subsections 30(1) to (3), permits the removal of a fish guard, screen, covering or netting in contravention of subsection 30(3) or refuses or neglects to close a sluice or gate in accordance with subsection 30(4) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding two hundred thousand dollars and, for any subsequent offence, to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both.”
June 13, 2012 Failed That Bill C-38, in Clause 139, be amended by replacing line 3 on page 157 with the following: “32. (1) No person shall kill or harm fish by any”
June 13, 2012 Failed That Bill C-38, in Clause 136, be amended by replacing line 39 on page 154 to line 1 on page 155 with the following: “(2) If, on the basis of expert opinion, the Minister considers it necessary to ensure the free passage of fish or to prevent harm to fish, the owner or person who has the charge, management or control of any water intake, ditch, channel or canal in Canada constructed or adapted for conducting water from any Canadian fisheries waters for irrigating, manufacturing, power generation, domestic or other purposes shall, on the Minister’s request, within the”
June 13, 2012 Failed That Bill C-38, in Clause 135, be amended by replacing line 9 on page 154 with the following: “commercial, recrea-”
June 13, 2012 Failed That Bill C-38, in Clause 134, be amended by replacing line 17 on page 151 with the following: “programs and, if the Minister has determined, on the basis of the features and scope of the programs, that the programs are equivalent in their capabilities to meet and ensure compliance with the provisions of this Act, otherwise harmonizing those”
June 13, 2012 Failed That Bill C-38, in Clause 133, be amended by replacing line 8 on page 150 with the following: “thing impeding the free”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 132.
June 13, 2012 Failed That Bill C-38, in Clause 131, be amended by replacing lines 35 and 36 on page 149 with the following: “force on August 1, 2015.”
June 13, 2012 Failed That Bill C-38, in Clause 124, be amended by replacing line 24 on page 141 with the following: “replace a licence after consulting the public, expert opinion and peer-reviewed scientific evidence, or decide whether it is in the public interest to authorize its transfer, on”
June 13, 2012 Failed That Bill C-38, in Clause 123, be amended by replacing line 18 on page 141 with the following: “seven months.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 122.
June 13, 2012 Failed That Bill C-38, in Clause 121, be amended by replacing lines 7 and 8 on page 141 with the following: “June 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 116.
June 13, 2012 Failed That Bill C-38, in Clause 115, be amended by replacing lines 33 and 34 on page 138 with the following: “and 99 to 114 come into force on September 1, 2015.”
June 13, 2012 Failed That Bill C-38, in Clause 97, be amended by replacing lines 40 and 41 on page 125 with the following: “120.5 The Board may issue a ”
June 13, 2012 Failed That Bill C-38, in Clause 94, be amended by replacing line 36 on page 124 with the following: “recommendation, the Board shall, after all required consultation with members of the public and with First Nations, seek to avoid”
June 13, 2012 Failed That Bill C-38, in Clause 93, be amended by replacing line 25 on page 124 with the following: “oil or gas, the Board shall, after all required consultation with members of the public and with First Nations and taking into account all considerations that appear to it to be relevant, satisfy itself that the”
June 13, 2012 Failed That Bill C-38, in Clause 90, be amended by replacing line 12 on page 118 with the following: “was constructed in accordance with the Navigable Waters Protection Act and that passes in, on, over, under, through or”
June 13, 2012 Failed That Bill C-38, in Clause 89, be amended by replacing line 16 on page 117 with the following: “certificate under section 52 or 53 authorizing the”
June 13, 2012 Failed That Bill C-38, in Clause 88, be amended by replacing line 11 on page 117 with the following: “under which section 58.29 does not apply or leave from the Board under”
June 13, 2012 Failed That Bill C-38, in Clause 87, be amended by replacing line 44 on page 114 with the following: “a work to which that Act applies, unless it passes in, on, over, under, through or across a navigable water.”
June 13, 2012 Failed That Bill C-38, in Clause 86, be amended by replacing line 32 on page 112 with the following: “V, except sections 74, 76 to 78, 108, 110 to 111.3,”
June 13, 2012 Failed That Bill C-38, in Clause 85, be amended by replacing lines 2 to 4 on page 111 with the following: “the Board shall have regard to all representations referred to in section 55.2.”
June 13, 2012 Failed That Bill C-38, in Clause 84, be amended by replacing line 36 on page 109 with the following: “the time limit specified by the Chairperson pursuant to a motion and vote among Board members,”
June 13, 2012 Failed That Bill C-38, in Clause 83, be amended by replacing lines 25 to 27 on page 105 with the following: “shall consider the objections of any interested person or group that, in their opinion, appear to be directly or indirectly related to the pipeline, and may have regard to the”
June 13, 2012 Failed That Bill C-38, in Clause 82, be amended by replacing lines 39 and 40 on page 104 with the following: “(4) Subsections 121(3) to(5) apply to”
June 13, 2012 Failed That Bill C-38, in Clause 81, be amended by replacing line 14 on page 104 with the following: “(2) A public hearing may be held in respect of any other matter that the Board considers advisable, however a public hearing need not be held where”
June 13, 2012 Failed That Bill C-38, in Clause 79, be amended by replacing line 35 on page 103 with the following: “(2) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”
June 13, 2012 Failed That Bill C-38, in Clause 78, be amended by replacing line 30 on page 103 with the following: “(1.1) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”
June 13, 2012 Failed That Bill C-38, in Clause 76, be amended by replacing line 25 on page 101 with the following: “15. (1) The Chairperson or the Board may authorize one”
June 13, 2012 Failed That Bill C-38, in Clause 75, be amended by replacing line 11 on page 101 with the following: “14. (1) The Chairperson may propose a motion to authorize one”
June 13, 2012 Failed That Bill C-38, in Clause 72, be amended by replacing lines 34 to 40 on page 100 with the following: “(2.1) For greater certainty, if the number of members authorized to deal with an application as a result of any measure taken by the Chairperson under subsection 6(2.2) is less than three, the Board shall elect a third member to satisfy the quorum requirements established under subsection (2).”
June 13, 2012 Failed That Bill C-38, in Clause 71, be amended by replacing line 25 on page 99 with the following: “an application, the Chairperson may propose a motion to put in place a”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 68.
June 13, 2012 Failed That Bill C-38, in Clause 67, be amended by replacing lines 20 and 21 on page 98 with the following: “force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38, in Clause 52, be amended by replacing lines 25 to 29 on page 35 with the following: “with respect to a project, that a group or individual is an interested party if, in its opinion, the group or individual, including those who use adjacent land for recreational, cultural or hunting purposes, is directly — or could potentially be indirectly — affected by the carrying out of the project, or if, in its opinion, the group or individual has relevant information or expertise:”
June 13, 2012 Failed That Bill C-38, in Clause 52, be amended by adding after line 8 on page 31 the following: “Whereas the Government of Canada seeks to achieve sustainable development by conserving and enhancing environmental quality and by encouraging and promoting economic development that conserves and enhances environmental quality; Whereas environmental assessment provides an effective means of integrating environmental factors into planning and decision-making processes in a manner that promotes sustainable development; Whereas the Government of Canada is committed to exercising leadership, within Canada and internationally, in anticipating and preventing the degradation of environmental quality and, at the same time, in ensuring that economic development is compatible with the high value Canadians place on environmental quality; Whereas the Government of Canada seeks to avoid duplication or unnecessary delays; And whereas the Government of Canada is committed to facilitating public participation in the environmental assessment of projects to be carried out by or with the approval or assistance of the Government of Canada and to providing access to the information on which those environmental assessments are based;”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 52.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 19.
June 13, 2012 Failed That Bill C-38, in Clause 16, be amended by replacing line 5 on page 14 with the following: “on January 1, 2013 a salary of $137,000.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 16.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 4.
June 13, 2012 Failed That Bill C-38, in Clause 7, be amended by replacing line 5 on page 8 with the following: “interest, being any activity that contributes to the social or cultural lives of Canadians or that contributes to Canada's economic or ecological well-being.”
June 13, 2012 Failed That Bill C-38, in Clause 7, be amended by replacing lines 1 to 5 on page 7 with the following: ““political activity” means the making of a gift by a donor to a qualified donee for the purpose of allowing the donor to maintain a level of funding of political activities that is less than 10% of its income for a taxation year by delegating the carrying out of political activities to the qualified donee;”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 1.
June 12, 2012 Passed That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than 10 further hours shall be allotted to the consideration at report stage of the Bill and 8 hours shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the 10 hours for the consideration at report stage and at the expiry of the 8 hours for the consideration at the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
May 14, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
May 14, 2012 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, because it: ( a) weakens Canadians’ confidence in the work of Parliament, decreases transparency and erodes fundamental democratic institutions by systematically over-concentrating power in the hands of government ministers; ( b) shields the government from criticism on extremely controversial non-budgetary issues by bundling them into one enormous piece of legislation masquerading as a budgetary bill; ( c) undermines the critical role played by such trusted oversight bodies as the Office of the Auditor General of Canada, the CSIS Inspector General and the National Energy Board, amongst many others, thereby silencing institutional checks and balances to the government’s ideological agenda; ( d) raises the age of eligibility for Old Age Security and the Guaranteed Income Supplement from 65 to 67 years in a reckless effort to balance the government’s misguided spending on prisons, incompetent military procurement and inappropriate Ministerial expenses; ( e) includes provisions to gut the federal environmental assessment regime and to overhaul fish habitat protection that will adversely affect fragile ecosystems and Canada’s environmental sustainability for generations to come; ( f) calls into question Canada’s food inspection and public health regime by removing critical oversight powers of the Auditor General in relation to the Canada Food Inspection Agency all while providing an avenue and paving the way for opportunities to privatize a number of essential inspection functions; and ( g) does nothing to provide a solution for the growing number of Canadians looking for employment in Canada’s challenging job market and instead fuels further job loss, which according to the Parliamentary Budget Officer will amount to a total loss of 43,000 jobs in 2014.”.
May 3, 2012 Passed That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than six further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the sixth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill C-38--Time Allocation MotionJobs, Growth and Long-Term Prosperity ActGovernment Orders

May 3rd, 2012 / 10:25 a.m.
See context

Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Madam Speaker, I would like to continue on with my Liberal colleague's question.

There are many different pieces of legislation in Bill C-38. In the past, the government has restricted debate on other bills to two, three or four days. If we add up the number of days that we might want to debate all of the different pieces of Bill C-38, according to the government's timetable it would add up to a lot more than seven days.

I want to talk about the government shifting away from funding basic research and the fact that it is hurting Canadian researchers in that area. It is a very specific area and a principle that is part of the bill. It needs to be discussed. I want to make sure I have the time to collect all of the information and talk about it.

Bill C-38--Time Allocation MotionJobs, Growth and Long-Term Prosperity ActGovernment Orders

May 3rd, 2012 / 10:10 a.m.
See context

Macleod Alberta

Conservative

Ted Menzies ConservativeMinister of State (Finance)

Mr. Speaker, I move:

That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than six further sitting days shall be allotted to the consideration of the second reading stage of the bill; and

That, 15 minutes before the expiry of the time provided for government orders on the sixth day allotted to the consideration of the second reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

Notice of Time Allocation MotionJobs, Growth and Long-term Prosperity ActGovernment Orders

May 2nd, 2012 / 5:25 p.m.
See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, on March 29, the Minister of Finance tabled economic action plan 2012, our low tax plan for jobs, growth and long-term prosperity, which the House voted on and passed on April 4. The budget builds on our successful plan that has already seen nearly 700,000 net new jobs created across Canada since 2009.

On Thursday, April 26, we introduced this bill, Bill C-38, the jobs, growth and long-term prosperity act, to implement the budget and the job creating measures it includes, including those measures to ensure that Canada's competitive advantages are harnessed to ensure our prosperity for decades to come. On the same day that the bill was introduced, I informed the House that there would be a vote on the bill on May 14.

In order to keep that commitment to Canadians and the House, I must advise that an agreement has not been reached under the provisions of Standing Orders 78(1) or 78(2) concerning the proceedings at second reading of Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at those stages.

For planning purposes, I would like to advise that it is the intention of the government to allow a total of seven days for the second reading debate of Bill C-38. That would allow a vote to take place, as indicated earlier, on May 14.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 2nd, 2012 / 4:50 p.m.
See context

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, I rise to speak to Bill C-38, the government's budget implementation bill.

I would like to use my time to address four themes: namely how the Conservatives are, one, hiding the full impact of their spending cuts; two, breaking their election promise to protect old age security; three, using budget 2012 to ram through important changes to Canada that are unrelated to budgets; and four, failing to create good paying jobs and recognize the important issue of growing income inequality in Canada.

Later on in this debate, my colleague from the riding of Etobicoke North, the Liberal critic for the environment, will speak on how the Conservatives are using this budget bill to completely rewrite Canada's environmental laws. We understand that streamlining environmental laws and protection can be a meritorious objective and approach, but there is a difference between streamlining and gutting.

The approach of the government to use an omnibus bill, the kitchen sink bill, to put all of these measures in the same legislation is to deny Parliament and committees the opportunity to subject this legislation to suitable scrutiny and enable us, as parliamentarians, to be both responsible and accountable.

I will first speak about the full impact of the government's spending cuts. The Conservatives are trying to hide the full impact of their cuts from Canadians by only talking about half of them. Allow me to illustrate that with a couple of examples.

We know the Conservative cuts will ramp up over four years until they reach $10.8 billion in ongoing cuts to the annual budget. However, budget 2012 only provides details on $5 billion of the $10.8 billion in ongoing cuts.

As we try to make sense of this budget, we must be mindful that the information the government released in budget 2012 applies to just under half of the overall cuts. That goes for the 19,200 federal public servants who will be laid off. Those positions that are being eliminated stem from just half of the cuts.

We hear about the ongoing cuts of $688 million to Public Safety, $153 million to Transport, $310 million to Agriculture and Agri-food and $378 million to international aid. Once again, those cuts are the result of just half of the overall cuts that are projected by the federal government. For the other half of the cuts we have precious few details.

From budget 2010, we know there will be an ongoing cut of $1 billion to National Defence and an ongoing cut of more than $1.8 billion to international aid. I do not know how the government can afford $16 orange juice, six star hotels, and several thousand dollars in limousine bills in that context, but that is another story. The only other person I know of who has stayed at The Savoy is Conrad Black, but that too is another story.

We read in the newspaper that Canada's foreign aid is being cut by $378 million, but that is not even close to the full story. When we add the cuts announced in 2010, we know the ongoing annual cut to foreign aid is at least $2.2 billion, which is roughly 50% of Canada's foreign aid budget.

We know the ongoing annual cut to National Defence is at least $2.1 billion, not the $1.1 billion introduced in budget 2012.

We know the ongoing annual cuts to the Government of Canada will be $10.8 billion, not the $5.2 billion announced in budget 2012.

What we do not know is the impact that these additional cuts will have on the programs and services offered to Canadians. We do not know how the other departments and agencies will be affected.

We do not know how many federal public servants will be cut in addition to 19,200 positions that were announced in budget 2012.

The government cannot cut an additional $5.6 billion without cutting programs and services.

The Canadian Centre for Policy Alternatives estimates that in addition to the 19,200 positions being eliminated in budget 2012, there will be a further 6,300 jobs cut as a result of the government's previous strategic reviews that have yet to be implemented, and a further 9,000 cuts as a result of the government's budget operating freeze. That creates a total of 34,500 federal public service job cuts.

The Parliamentary Budget Officer agrees that the 19,200 public service jobs that are being cut do not represent the full number. In his words, “Additional job losses will be required.... we're actually talking about cuts on top of cuts.” How many more federal jobs will be eliminated? The government is not telling Canadians or the public service the truth.

We do not know why the Conservatives are hiding the real figures. We do not know why they are not explaining to Canadians the cuts that are going to affect them. We do not know why the Conservatives refuse to give Canadians and Parliament all the information they need to have an informed debate.

As Liberals, we recognize the government is about choices and some spending cuts are necessary, even in good times. It was in that context that we, as a government--and I remember when the member for Wascana was minister of finance and the member for Markham—Unionville was the minister responsible for the expenditure review committee of cabinet. I served on the expenditure review committee of cabinet at that time. It is important to realize, to put this in context, that we were actually in surplus at that time.

It is important to also recognize that we agree, in principle, with reviewing government expenditures on an ongoing basis in surplus or deficit to ensure best value for taxpayers, to ensure that programs and services reflect actual need, not need that may have lapsed in the past.

It is also important to realize and to recognize the context of the surplus that the Liberal governments were delivering. The Liberal government had inherited a $43 billion deficit that was left behind by the previous government. Under the Liberal watch, Canada went from a $43 billion deficit to nine consecutive years of budgetary surplus that paid over $100 billion down on the national debt. And it was during those good times, during surplus, that we did expenditure review, but we did very differently from the way the government is doing it now.

In fact, we also cut Canadian taxes while maintaining a balanced budget and we introduced the largest personal income tax cut in the history of Canada. We also cut corporate taxes when we could afford to when we were in surplus. We cut payroll taxes.

However--

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 2nd, 2012 / 4:20 p.m.
See context

NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, I rise in the House today deeply concerned about the bill at hand and about the direction in which the government is taking this country.

Bill C-38 is a massive 425-page omnibus bill that goes far beyond the measures in the budget. It includes many previously unannounced changes.

This is the Conservatives' first post-election majority budget and their true colours are showing throw.

During the election, the Conservatives did not tell Canadians that they planned to raise the age of eligibility for old age security. Canadians had to hear it all the way from Davos, Switzerland, months after the election. And yet, Bill C-38 raises the age of eligibility for OAS.

During the election, the Conservatives did not tell Canadians that they planned to do away with protecting our environment and fighting climate change. In fact, the Conservative platform claimed that they recognized that a healthy environment and a strong economy go hand in hand.

The Conservative platform also promised to conserve and protect our environment and to take action on climate change. They promised new investments to improve air quality and reduce greenhouse gas emissions, including an extension of the eco-energy retrofit homes program.

And yet, a full one-third of Bill C-38 is dedicated to the gutting of environmental regulation and protection. It repeals the Kyoto Implementation Act. And that extension of the eco-energy program? It never happened. In fact, the Conservatives abandoned the program early, despite its economic success.

During the election, the Conservatives promised open and accountable government. Their platform claimed that they were here for integrity and accountability, and that they were committed to providing the principled, accountable government that our great country deserves. This was in the Conservative platform and yet Bill C-38 includes a series of previously unannounced measures that will contribute to a more secretive environment here in Ottawa by rolling back government transparency and accountability.

During the election, the Conservatives presented Canadians with one plan, but now that the elections are over, they are moving in the opposite direction as quickly as they can. Yes, the Conservatives' true colours are showing and I am deeply concerned and all Canadians should be deeply concerned.

My New Democratic colleagues and I strongly oppose the bill on both content and process grounds. Bill C-38 includes most of the major proposals announced in budget 2012, which we have vigorously opposed and to which I will return shortly. We also take issue with the undemocratic omnibus nature of the bill, which goes far beyond the budget. The tabling of such a large and wide-ranging bill in such a short time frame undermines Parliament by denying individual MPs the ability to fully inform themselves as to its content and implications.

Back in 1994, a young MP from Calgary took offence to the omnibus nature of the Liberal's budget implementation bill. This MP stood in the House and said:

I put it to you, Mr. Speaker, that you should rule it out of order and it should not be considered by the House in the form in which it has been presented.

...I would argue that the subject matter of the bill is so diverse that a single vote on the content would put members in conflict with their own principles.

...in the interest of democracy I ask: How can members represent their constituents on these various areas when they are forced to vote in a block on such legislation and on such concerns?

The bill contains many distinct proposals and principles and asking members to provide simple answers to such complex questions is in contradiction to the conventions and practices of the House.

That was said on March 25, 1990. Who said that? It was the young MP who is the current Prime Minister of Canada. His objection to the Liberal omnibus budget bill can and should be applied to the bill at hand.

In 1994, the Prime Minister argued that the Liberals' omnibus bill did not fulfill the required level of relevancy, that is that the items in the bill were too diverse and could not be reasonably grouped together in a coherent manner.

Let us see how this bill stacks up on this point. Among other things, Bill C-38 raises the age of eligibility for OAS-GIS, guts the environmental assessment regime, eliminates the Auditor General oversight on a number of agencies, repeals the Fair Wages and Hours of Labour Act, changes the rules for registered charities, amends the Seeds Act to potentially allow private contractors to perform food inspection and it changes the rules on foreign ownership of wireless telecommunications companies.

This is the definition of an omnibus bill and, applying the Prime Minister's own arguments, this bill should be ruled out of order. The measures in the bill are too wide-ranging to fulfill the relevancy requirement, and we agree that asking members to vote in a block on such diverse subject matters does not allow them to represent their constituents as our democracy requires.

However, once again the Conservatives are trying to ram legislation through Parliament without allowing Canadians and their MPs to thoroughly examine it. To make matters worse, they are trying to sneak through changes that will further restrict transparency and democracy in the future.

Bill C-38 would enact numerous changes that will limit the ability of Canadians and MPs to hold government accountable, with a broad attack on government transparency that was not present in budget 2012. These changes include weakening the Canadian Environmental Assessment Act and undermining the authority of the National Energy Board, increasing cabinet discretion and ministerial power over a range of issues from immigration to food safety to approving pipelines, eliminating Auditor General oversight for many agencies, eliminating the position of the Inspector General for CSIS, and reducing reporting requirements to Parliament.

When did the Conservatives become so afraid of accountability? On this side of the House, we believe in a respectful and open Parliament and government.

We believe it is wrong to try and sneak measures past Canadians and to ram them through Parliament as quickly as possible, particularly legislation that will only make government less transparent.

The Parliamentary Budget Officer has said repeatedly that MPs are not getting the information they need in order to reasonably be able to exercise their power of oversight.

And while other Westminster parliaments around the world are working to improve fiscal transparency, this Conservative government is focused on reducing government accountability as quickly as possible.

New Democrats are focused on addressing the real priorities of Canadian families, such as creating good quality jobs, strengthening our health care system, ensuring a secure retirement for all and protecting our environment.

Unfortunately, the Conservatives are too busy focusing on gutting environmental protection and slashing vital services.

In the fall, the New Democrats tabled a motion that called on the government to take immediate action to grow our economy and create jobs. The Conservatives supported this motion with their votes but they have yet to turn these votes into action.

The Conservatives claim that this budget is all about job creation but the budget contains nine times more in cuts than in job creation measures and actually plans for unemployment to rise. There are already 1.4 million Canadians out of work. The current unemployment rate of 7.2% remains well above its pre-recession level of about 6%. For our young people, the future of our economy, the situation is even worse. Youth unemployment remains at nearly 14%.

Now the Conservatives say that they are creating jobs but, with the growth in the labour force, there is a net increase in the unemployment rate. In fact, since the Conservatives took office in February 2006, we have lost 365,000 manufacturing jobs.

In his appearance at the finance committee last week, the Parliamentary Budget Officer confirmed that the Conservatives' austerity budget would mean a further loss of 43,000 jobs and would slow Canada's economic recovery. Furthermore, he confirmed that when, combined with prior cuts, there would be a total of 103,000 jobs lost in the public and private sectors, a significant drag on our economy.

The government will claim these numbers are hypothetical, but Canadians know differently. They are dealing with the fallout. After all, when an industrial plant with 1,000 people closes, the impact is not isolated to those jobs only but also affects suppliers and small businesses in the community. It is the same when we lose over 19,000 public sector jobs. In fact, if the Conservatives were more focused on creating jobs for Canadians, why would they focus their efforts on paying consultants to review government spending at $90,000 a day. That is where their priorities seem to lie.

New Democrats support the ongoing review of government spending to ensure that our tax dollars are well-spent, but we believe in reviewing all government expenditures, including tax expenditures.

As Glen Hodgson of the Conference Board of Canada told the finance committee last fall, “value for money applies on the tax expenditure side as much as on the spending side”. We believe in policy based on evidence.

The evidence shows that the Conservatives’ massive corporate tax breaks have failed to create good quality, family-supporting jobs. The Minister of Finance recognizes that infrastructure investment has more than five times the economic impact of corporate income tax cuts, as he indicated in the appendix of budget 2009.

And yet, despite the evidence, this government is determined to continue on with its agenda of corporate tax cuts, while slashing jobs and services and planning for unemployment to rise.

Evidence shows as well that the OAS and GIS program is sustainable.

Pension and retirement expert Professor Tom Klassen of York University notes:

I haven’t heard any academic argue that there’s a crisis with OAS, which is why I was surprised a few days ago when the Prime Minister seemed to say there was a crisis...there’s got to be...more evidence that there’s a problem...I don’t see that evidence.

Numerous experts, including the Parliamentary Budget Officer, have confirmed that the OAS, the old age security, is sustainable in its existing form. Even the government's own latest actuarial report on OAS indicates that the OAS/GIS will account for 2.37% of GDP in 2011, 3.16% in 2030 and then will fall below today's level to 2.35% in 2060.

The cost of the government's proposed changes will throw tens of thousands of seniors into poverty. In fact, without OAS/GIS for two years, almost 100,000 recently retired Canadian seniors would be made poor today. In particular, the poverty rate for single senior females would rise from 17% to 48%, almost tripling.

Despite this evidence, the government is using the budget bill to balance the books on the backs of our seniors.

The evidence shows that good environmental policy is also good economic policy. Policy-makers in Germany have long understood this and today Germans are reaping the benefits of their foresight in the form of cutting edge innovation, superior global competitiveness and hundreds of thousands of quality jobs.

Unfortunately, under the Conservative government, Canada is near the bottom of the global heap in terms of investments in green initiatives and our economy is suffering for Conservative inaction. Under the Conservatives, Canada's environmental ranking has plummetted to among the worst in the world. In fact, the 2011 Climate Change Performance Index ranks Canada 57 out of 60 nations surveyed, well behind G8 countries like the U.K., France and Germany that all scored in the top 10.

Despite this evidence that they are heading on the wrong course, the Conservatives are determined to use Bill C-38 to gut environmental assessment, reduce Canada's accountability on the world stage by repealing the Kyoto Protocol Implementation Act and reduce the independent scientific advice available to guide policy making by shutting down the National Round Table on the Environment and the Economy.

The Conservatives claim to be focused on efficiency and a review of government expenditures, but the evidence points to the contrary. With this bill, the Conservatives are leading the country down the wrong path. Just as effective government policy relies on evidence and effective review of government activities relies on government transparency, government spending reflects government priorities. Accurate, timely information about how much the government is spending and on what is crucial for Canadians to be able to evaluate if the values of their elected representatives are in line with their own.

Not only is the government not in the business of providing answers, with Bill C-38 it is deliberately dismantling requirements for government transparency and accountability. The opening of the 2011 Conservative platform characterized the election last May as a choice between principled leadership and opportunism. I wholeheartedly agree. This Conservative bill is highly opportunistic. Instead of telling Canadians their plans during the election, the Conservatives have waited until the campaign is done to show Canadians what they are really about. On this side of the House, we believe in principled leadership.

We believe it is wrong for the government to claim that it is focused on job creation, while cutting jobs and planning for unemployment to rise.

We believe it is wrong for the government to cut a seniors’ benefit program and throw tens of thousands of seniors into poverty.

We believe it is wrong for the government to gut measures that have been put in place to protect our environment and to turn its back on international action on climate change.

Finally, we believe it is wrong for the government to try to sneak legislation past Canadians and their MPs in a massive omnibus bill, especially when these measures deliberately seek to impede government transparency and accountability in the future.

I move:

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

this House declines to give second reading to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, because it:

a) weakens Canadians' confidence in the work of parliament, decreases transparency and erodes fundamental democratic institutions by systematically over-concentrating power in the hands of government ministers;

b) shields the government from criticism on extremely controversial non-budgetary issues by bundling them into one enormous piece of legislation masquerading as a budgetary bill;

c) undermines the critical role played by such trusted oversight bodies as the Office of the Auditor General of Canada, the CSIS Inspector General and the National Energy Board, amongst many others, thereby silencing institutional checks and balances to the government's ideological agenda;

d) raises the age of eligibility for Old Age Security and the Guaranteed Income Supplement from 65 to 67 years in a reckless effort to balance the government's misguided spending on prisons, incompetent military procurement and inappropriate Ministerial expenses;

e) includes provisions to gut the federal environmental assessment regime and to overhaul fish habitat protection that will adversely affect fragile ecosystems and Canada's environmental sustainability for generations to come;

f) calls into question Canada's food inspection and public health regime by removing critical oversight powers of the Auditor General in relation to the Canada Food Inspection Agency all while providing an avenue and paving the way for opportunities to privatize a number of essential inspection functions; and

g) does nothing to provide a solution for the growing number of Canadians looking for employment in Canada's challenging job market and instead fuels further job loss, which according to the Parliamentary Budget Officer will amount to a total loss of 43,000 jobs in 2014.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 2nd, 2012 / 4:05 p.m.
See context

Conservative

The Acting Speaker Conservative Bruce Stanton

Before we go to questions and comments, I wanted to bring to the attention of the House that arising from the point of order brought forward by the hon. member for Kings—Hants and with subsequent interventions by the government House leader, the opposition House leader and the hon. member for Wascana, I am pleased to report to the House that the office of the Law Clerk and Parliamentary Counsel responsible for the printing of bills can confirm that the text included in the version of Bill C-38 tabled in the House on April 26, 2012, is identical to the text found in the copy printed after first reading of the said bill, as distributed to all members of the House.

The version of the bill distributed to members on April 26 was a photocopy of the secret copy of the bill prepared by the Department of Justice. The version distributed to members after first reading is produced by the House administration—in particular, the office of the Law Clerk—and the difference in text and number of pages is due to the electronic preparation of the bill in House software.

The text is identical and has been reviewed by legislative editors working in the Law Clerk's office. Except for a few pagination differences, it is identical in all respects.

I thank hon. members for their interventions on this matter.

We will now go to questions and comments.

The hon. member for Parkdale—High Park.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 2nd, 2012 / 3:45 p.m.
See context

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, I very much regret what appears to be an effort to unnecessarily delay the work of the House by the Liberal Party members, but I am not surprised.

The fact is the bill before this House is the bill that was printed by this House, subject to an order of the House on first reading. The copy they had before first reading is of course the preprinted version. The actual bill is the one that says on the front, not “C blank”, but the one that says “C-38”. That is Bill C-38. All members of this House have that through Journals Branch. All members of this House had ample time to prepare for that. It was printed by Journals Branch some time ago. Their failure to examine the bill as printed, as ordered by the House, should not be an occasion at this point in time for delay of this debate.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 2nd, 2012 / 3:35 p.m.
See context

Conservative

The Speaker Conservative Andrew Scheer

I can inform the House that the version of the bill called, Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, has 425 numbered pages. The short title is “Jobs, Growth and Long-term Prosperity Act”. This was the version of the bill that was tabled in the House. This was the version of the bill that was before the clerk when the clerk called orders of the day. With that, I am prepared to let debate proceed.

In terms of what was distributed, we can look into that and find out from Journals. If there was an error, we can come back to the House on that. In terms of what is before the House, the version that was called today is the same version that was tabled in the House.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 2nd, 2012 / 3:35 p.m.
See context

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, for the sake of clarity here, when the clerk, a few moments ago, called the title of the bill in response to your indication that we were now at orders of the day in our agenda for today, the clerk rose in response to that, as is traditional, and called Bill C-38, reading the title of it.

Could the table indicate to us which version of the bill was before the clerk when the clerk called that item for discussion today, so we know exactly what we are debating from here on forward?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 2nd, 2012 / 3:25 p.m.
See context

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, I rise on a point of order. It appears that Bill C-38, as tabled in the House, may not be the correct version.

MPs have been given at least two different versions of Bill C-38 in preparation for today's debate. One version has 421 numbered pages of legislative text, and that was the version that was given to opposition MPs in the opposition lobby immediately after the legislation was tabled in the House. Another version has 425 numbered pages of legislative text, and that is the version that has been distributed to MPs through Parliament's postal and distribution service and online through the Parliament of Canada website. It appears that either the opposition MPs were given the wrong copy of the bill when the bill was tabled in the House, or the wrong copy is being more widely distributed to MPs and the public in advance of today's debate.

Is there text that appears in one copy but is missing from the other? We do not know. We are relying on hard copies of legislation that are over 400 pages in length, so it is virtually impossible to verify the source of each discrepancy.

How can everyone follow the debate on Bill C-38 when what is on page 310 in one version is clearly nowhere to be found on page 310 in the other?

It is also not clear which version of the bill we should use to propose amendments or prepare for clause-by-clause at committee.

On page 728 of House of Commons Procedure and Practice, second edition, it states:

In the past, the Speaker has directed that the order for second reading of certain bills be discharged, when it was discovered that they were not in their final form and were therefore not ready to be introduced.

The fact is that MPs have been preparing for today's debate with two different versions of Bill C-38. That will certainly impede our ability to properly debate the bill. We are told by the Parliamentary Budget Officer that the government has kept two different sets of books on F-35 costs, but it is a little much when the government presents two versions of its own budget implementation legislation.

If the government tabled one bill at first reading and then printed another version for members of Parliament, the debate cannot be allowed to continue at this time. I ask that this matter be clarified and corrected before the debate on Bill C-38 is allowed to proceed.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 2nd, 2012 / 3:25 p.m.
See context

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Opposition Motion—Health and safety of CanadiansBusiness of SupplyGovernment Orders

April 30th, 2012 / 1:45 p.m.
See context

Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, in May 2000, 2,300 people fell ill after E. coli bacteria contaminated the water supply of Walkerton, Ontario. Sweeping Conservative cutbacks to the Ontario Ministry of Environment contributed to the tragedy, the most serious case of water contamination in Canadian history.

For a first example of the impact of the cutbacks, the Conservative government discontinued laboratory testing services for municipalities in 1996 and failed to put in place a regulation making the reporting of contamination mandatory. Had the government done this, hundreds of illnesses would have been prevented.

For a second example, Conservative cuts to the Ministry of the Environment made the ministry less capable of identifying and dealing with problems at Walkerton's water utility. The ministry's inspections program should have detected the improper treatment and monitoring practices and ensured that those practices were corrected.

In January 2002, Premier Mike Harris accepted responsibility for the shortcomings of the Conservative government. He said:

I am truly sorry for the pain and suffering you have experienced.

I, as premier, must ultimately accept responsibility for any shortcomings of the Government of Ontario.

I deeply regret any factors leading to the events of May 2000 that were the responsibility of the Government of Ontario....

History teaches hard lessons, reminding us that prevention is the best line of defence and that worst-case scenarios do happen.

In examining past disasters such as when the Exxon Valdez struck Bligh Reef in Prince William Sound in 1989 and when the Deepwater Horizon exploded in the Gulf of Mexico in 2010, causing the worst environmental disaster in U.S. history, we see that key decisions were frequently made without assessing the risks, and sufficient prevention measures were not always taken. When extreme cases did occur, responses were often delayed and opportunities to reduce damage were lost. Most recently, the lesson to prepare for worst-case scenarios was repeated with the double disaster of the east Japan earthquake and tsunami in 2011.

It has been said that those who cannot remember the past are condemned to repeat it.

Unfortunately, economic action plan 2012, or the inaction plan for the environment, and Bill C-38, the budget implementation bill, show a complete failure to learn from the past, namely that past cuts to the environment have resulted in dire consequences and that worst-case scenarios do occur.

Instead, the budget implementation bill continues the Conservative government's war on the environment. An astonishing 150 pages of the 400-plus-page budget are focused on streamlining or gutting environmental oversight. The government is absolutely trying to avoid public scrutiny by jamming such major changes into Bill C-38, thereby avoiding specific study of the changes at individual parliamentary committees. Critics have called it an affront to democracy. As a result, on Friday I called upon the government to hive off changes to environmental protection and then send them to the relevant committee for a thorough clause-by-clause study.

Bill C-38 is an attack on our best means of defence, namely environmental protection monitoring and emergency response. The budget severely cuts Environment Canada, reduces our number of scientists, eliminates the National Round Table on the Environment and the Economy, the independent think tank with a direct mandate from Parliament, silences the government's critics and guts environmental legislation.

Environment Canada will lose 200 positions. Last summer, the government announced cuts of 700 positions and a 43% cut to the Canadian Environmental Assessment Agency. Key research and monitoring initiatives, which sample air pollution, industrial emissions, water quality, waste water et cetera, and partnerships for a greener economy will be cut $7.5 million.

It is important that parliamentarians have the opportunity to do due diligence and to identify all areas of scientific research and partnerships to be cut and to see how each identified cut is projected to impact decision-making and the development of public policy.

Critics of the government are being silenced through changes to the Canada Revenue Agency and attempts to seize control of the university research agenda. Critics are also being silenced through exclusion of concerned groups and citizens from the environmental review process for pipelines.

Bill C-38 effectively dismantles Canada's environmental laws as we know them, by the repeal of the Kyoto Implementation Act and the wholesale repeal of the Canadian Environmental Assessment Act and its replacement with a new law that allows the federal government to avoid environmental reviews of many potentially harmful projects and to do less-comprehensive reviews where they still occur. What are the impacts of the repeal of CEAA on regulatory decision-making and the risk of project-specific and cumulative environmental impacts? What is the adequacy of the environmental assessment process in each province and territory and the impacts of industrial projects that cross provincial borders? The weakening of several environmental laws including species at risk in water and near elimination of fish habitat protection in the Fisheries Act puts species from coast to coast to coast at increased risk of habitat loss and population decline. The authority of the federal cabinet to approve new pipeline projects is now above the National Energy Board.

Astoundingly, as the government guts environmental legislation to fast-track development of major projects such as the Northern Gateway Pipeline and to allow oil tankers in northern British Columbia waters, it is cutting $3.8 million from emergency disaster response and consolidating the unit that responds to oil spill emergencies in central Canada, namely Gatineau and Montreal. Key questions regarding the government's preparation for and ability to respond to environmental emergencies should include how many positions in the unit will be slashed; how consolidating the unit in Quebec will impact operations and the predicted response time to travel from the new location to the oil spill; whether the unit will have the financial and technical resources necessary to respond to oil spill emergencies, including those emergencies involving diluted bitumen on the Pacific and Atlantic coasts and along the proposed route of the Northern Gateway Pipeline project; and what action the government has undertaken regarding risk assessment and worst-case scenarios related to the navigation of oil tankers and potential diluted bitumen oil spills.

With independent science squashed, environmental legislation gutted and critics silenced, what stands in the way of environmental disaster? The government must stop its war on the environment, science and indeed anyone who threatens to stand in its way of fast-tracking development. Canada needs robust environmental legislation to protect ecosystems, the health and safety of Canadians, the communities in which we live, the economy and our livelihoods.

I will finish by saying that I spent years of my career undertaking disaster prevention, response and recovery, helping organizations across North America prepare for extreme events resulting from climate change and preparing for pandemics, as well as designing the full disaster preparedness program for the university. The United Nations development program has recently asked me to be on the steering committee for international parliamentarians regarding disaster reduction.

Finally, in the wake of disasters, people often wonder whether there was a way to protect both people and property from such devastating losses. The answer is a resounding “yes, by taking action to prevent future damage before a problem occurs”. In order to prevent another tragedy, the government must ensure that Environment Canada's programs and scientists are fully funded to support scientific excellence in prevention, monitoring and emergency response and hive off the environmental protection sections from Bill C-38 and allow public scrutiny of the bill through clause-by-clause study at the appropriate committee.

Opposition Motion—Health and safety of CanadiansBusiness of SupplyGovernment Orders

April 30th, 2012 / 1 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am glad to have a chance to take this up with the parliamentary secretary. I have voluminous comments on Bill C-38 because it touches on so many aspects of environmental protection.

In relation to the Canadian Food Inspection Agency facility in my own riding of Saanich--Gulf Islands, the Centre for Plant Health, I really hope to gain the co-operation of government members to keep this facility open. This facility has been in place since 1912.

The following is from the Canadian Food Inspection Agency material. “...in 1965 a plant quarantine function was added on the advice of the Advisory Board of the Destructive Insect and Pest Act to protect the Agricultural Industry from disease risks of international importations of propagation material which could spread to other crops in Canada.”

I heard my hon. friend say that the facility in Summerland to which this quarantine function is being moved has “a better equipped facility”. At this point, several greenhouses would need to be built to have anywhere near the capacity that the Centre for Plant Health has on the Saanich Peninsula. Moreover, it would be a risk to all the economic crops of the Okanagan to move a quarantine facility into the heart of that region. I urge the government to reconsider.

The EnvironmentOral Questions

April 27th, 2012 / noon
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I note that it is outrageous for the parliamentary secretary to attempt to claim credit for her government's actions for reduced greenhouse gases. It is entirely due to Ontario shutting its coal plants.

Meanwhile, let us compare and contrast. Bill C-36, which we are debating today, is three paragraphs. Bill C-38 is 420 pages of omnibus abuse of parliamentary process, pushing changes to environmental laws which will never go before an environment committee and never go before a fisheries committee.

I ask the Prime Minister to separate out bills that matter to the environment so the appropriate committees can deal with them.

Business of the HouseOral Questions

April 26th, 2012 / 3:05 p.m.
See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, I want to begin by welcoming the new House leader for the official opposition. I look forward to working with him. I anticipate a positive and constructive approach.

In terms of his question relating to the issue of the motion of the House dealing with the Chief Electoral Officer and concerns about whether the statute in place was appropriate for him to do his job, I believe that motion had an expectation of about half a year before the government was to respond. I anticipate we will fulfill that.

On his question about the budget, the government introduced Bill C-38, the jobs, growth and long-term prosperity act. The bill implements key measures from economic action plan 2012. Our plan is working, as we have already created nearly 700,000 net new jobs since the recession. Most of these are full-time jobs.

Canadians want to see a productive, hard-working and orderly Parliament, focusing on their priority, the economy. Thus we hope to have the bill come to a vote on May 14. That target will allow members to study the bill, which implements important measures from the budget that Parliament has already approved.

As hon. members are aware, May 2 will mark the one-year anniversary of Canadians electing a strong, stable, national, Conservative majority government. And it is only fitting that, on this one-year anniversary, after members and caucuses have had close to a week to study the bill, we will debate our government's plan to continue creating jobs and economic growth in Canada. We will continue debate on Bill C-38, the Jobs, Growth and Long-Term Prosperity Act, on Thursday, May 3, and Friday, May 4.

During the budget bill study week, before that debate starts, we will cover other business.

This afternoon we will complete debate on the NDP opposition motion.

Tomorrow we will start debate on Bill C-36, protecting Canada's seniors act, which addresses the great concern of elder abuse. This bill is part of our government's efforts to stand up for victims. This is the end of what has been an important national victims of crime awareness week, where we saw the Prime Minister make an announcement of increased support for families of missing children. We also saw the introduction of Bill C-37, the increasing offenders' accountability for victims act, which follows through on our campaign commitment to double the victim surcharge that convicted criminals pay.

Monday, April 30, will be the second allotted day. In this case, I understand we will debate a Liberal motion. I would invite the hon. member for Westmount—Ville-Marie to share with all members—and, indeed, with Canadians—what we will be debating that day, so that hon. members can prepare.

On Tuesday, we will finish third reading debate on Bill C-26, the citizen's arrest and self-defence act. Based on my discussions with the new opposition House leader, I am confident that we will complete that debate early in the morning.

Then we will move on to Bill S-4, the safer railways act, which was reported back from committee yesterday. Given the importance of improving the safety of our railways, I hope this bill is able to pass swiftly.

Since I anticipate a productive day on Tuesday, I will then call Bill C-36, but only in the event that we do not finish earlier, that is tomorrow, followed by Bill C-15, the strengthening military justice in the defence of Canada act, a piece of legislation that has now been around for three Parliaments and should get to committee where it can again be studied.