Bill C-38 (Historical)

Jobs, Growth and Long-term Prosperity Act

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

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

The House proceeded to the consideration of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures as reported (without amendment) from the committee.

Speaker's Ruling

[The Speaker, Andrew Scheer]

As members are aware, the chair does not ordinarily provide an explanation on the basis for the report stage ruling. In cases where there are a large number of amendments or where the relations among them are complex, it has been found helpful to provide some description of the underlying organization of the ruling. I believe that the case before us today is one in which the House may benefit from some comments in this regard.

I remind the House that my comments are limited to addressing procedural issues relating to report stage and to my responsibility as Speaker to ensure that the relevant provisions contained in the Standing Orders are complied with.

On February 27, 2001, the House adopted a motion to add an additional paragraph to the “note” to Standing Order 76(5) and 76.1(5). That additional final paragraph added to the note reads as follows:

For greater clarity, the Speaker will not select for debate a motion or series of motions of a repetitive, frivolous or vexatious nature or of a nature that would serve merely to prolong unnecessarily proceedings at the report stage and, in exercising this power of selection, the Speaker shall be guided by the practice followed in the House of Commons of the United Kingdom.

As mentioned in the House of Commons Procedure and Practice, at page 778, “This occurred in response to the flooding of the Notice Paper with hundreds of amendments”.

Following the adoption of this new note in the Standing Orders, Speaker Milliken made a statement, Debates, March 21, 2001, pages 1991 to 1993, regarding how the Chair would interpret this note which has formed the basis of our current practice with regards to the selection of motions at report stage. If I may add, this process appears to have effectively served the House since that time.

Given the infrequency with which similar cases to those that led to the introduction of the note have arisen in the past decade, the Speaker has little in the way of precedent to guide him in arranging the report stage motions in a manner which will adequately reflect the various competing interests in the House.

In reviewing the motions placed before the House, there are essentially two types of motions the Chair has received. First, hundreds of motions to delete individual clauses in the bill have been placed on notice as well as a second group of amendments which seek to amend the text of a clause.

The recent precedents in relation to both types of motions are clear. For example, motions to delete clauses have always been found to be in order and it must also be noted have been selected at report stage. These motions are allowed at report stage because members may wish to express views on a clause without seeking to amend it. As is the case on such occasions, I have tried to minimize the amount of time spent in the House on this kind of motion by grouping them as tightly as possible and by applying the vote on one to as many others as possible.

The second group of motions, which seek to amend the text of individual clauses, have been submitted by members who had no opportunity to present amendments at committee stage and, consistent with the current practice, their motions have also been selected, except in the case where similar motions had already been considered by the committee and where all other procedural requirements have been met. The grouping of these motions follows the divisions of the bill. Motions have been grouped by the members submitting them for each clause of the bill. The vote on the first motion will be applied to the member's other motions in that class.

Although 871 motions have been placed on the notice paper, it is clearly not intended, nor do our rules and practices lend themselves to the taking of 871 consecutive votes. With respect to the voting table, substantive amendments have been grouped so as to allow for a clear expression of opinion on each of the subject areas contained in the bill. Motions to delete have been dealt with in conformity with the grouping scheme outlined above.

As your Speaker, I am fully aware of the extraordinary nature of the current situation. In reviewing the March 2001 statement by then Speaker Milliken, I was struck by the following, which I feel might have some resonance today:

As your Speaker, I am ready to shoulder the report stage responsibilities that the House has spelled out for me. However, I think it would be naive to hope that the frustrations implicit in the putting on notice of hundreds of motions in amendment of a bill will somehow be answered by bringing greater rigour to the Speaker's process of selection.

Since the decision of the House on February 27, 2001 to add the final paragraph to the note in the Standing Orders regarding report stage, there are few precedents to guide the Speaker in dealing with this type of situation. In my selection of motions, in their grouping and in the organization of the votes, I have made every effort to respect both the wishes of the House and my responsibility to organize the consideration of report stage motions in a fair and balanced manner. To the extent that some may have differing views concerning the decisions taken, it may be that the House or perhaps the Standing Committee on Procedure and House Affairs will wish to revisit the adequacy of our rules and practices in dealing with cases of this extraordinary nature.

There are 871 motions in amendment standing on the notice paper for the report stage of C-38.

The Chair will not select Motions Nos. 570, 571, 576, 626 to 628, 630, 842 and 843, since they require a royal recommendation. The Chair will not select Motions Nos. 411 and 412, because they were defeated in committee.

Motions Nos. 27, 29, 39, 55 to 61, 71, 73, 75, 83, 85 and 545 will not be selected by the Chair as they would introduce inconsistencies.

All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76.1(5) regarding the selection of motions in amendment at the report stage.

The motions will be grouped for debate as follows:

Group No. 1, Motions Nos. 1 to 15.

Group No. 2, Motions Nos. 16 to 23.

Group No. 3, Motions Nos. 24 to 26, 28, 30 to 38, 40 to 54, 62 to 70, 72, 74, 76 to 82, 84 and 86 to 367.

Group No. 4, Motions Nos. 368 to 410, 413 to 544, 546 to 569, 572 to 575, 577 to 625, 629, 631 to 841 and 844 to 871.

The voting patterns for the motions within each group are available at the table. The Chair will remind the House of each pattern at the time of voting.

I shall now propose Motions Nos. 1 to 15 in Group No. 1 to the House.

Motions in Amendment

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 1

That Bill C-38 be amended by deleting Clause 1.

Motion No. 2

That Bill C-38 be amended by deleting Clause 2.

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

moved:

Motion No. 3

That Bill C-38 be amended by deleting Clause 4.

Motion No. 4

That Bill C-38 be amended by deleting Clause 6.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 5

That Bill C-38 be amended by deleting Clause 7.

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

seconded by the member for Etobicoke North, moved:

Motion No. 6

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;”

Motion No. 7

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.”

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 8

That Bill C-38 be amended by deleting Clause 8.

Motion No. 9

That Bill C-38 be amended by deleting Clause 9.

Motion No. 10

That Bill C-38 be amended by deleting Clause 10.

Motion No. 11

That Bill C-38 be amended by deleting Clause 11.

Motion No. 12

That Bill C-38 be amended by deleting Clause 13.

[Louis Plamondon, Bloc, Bas-Richelieu—Nicolet—Bécancour, QC]

moved:

Motion No. 13

That Bill C-38 be amended by deleting Clause 16.

Motion No. 14

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.”

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

moved:

Motion No. 15

That Bill C-38 be amended by deleting Clause 17.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, we are now at the report stage. I am very sad to say that the Government of Canada has been totally deaf to our entreaties to reconsider its outrageously anti-democratic approach to the budget implementation bill, an approach which will have profound implications for our country. Simply stated, the Conservative government has said to Canadians, “This is how we do things and that is the way it is going to be”. It brings to mind the schoolyard bully who never felt the need to explain his actions but just went ahead and did what he wanted to do.

However, I have news for the government. Canadians do not like it and they are waking up to the way the government is doing things. Who would have thought that Canadians would be familiar with procedures such as prorogation or time allocation during debates or the use of in camera in committees? Slowly but surely, Canadians are beginning to understand these procedures and beginning to question what the government meant when it promised, six and a half years ago, to be open, transparent and, most of all, accountable. I believe Canadians are beginning to feel that there is a contradiction between what has been promised and what is actually being done by the government.

It has come to this. All the opposition parties have been asking the government from the start to split the enormous, 425-page Bill C-38. That way, the changes that are not directly or even indirectly related to the budget but that will have significant consequences on our country could be addressed separately.

I am talking about the changes that affect the way we assess the environmental risks associated with developing our natural resources. I am talking about changes to the Fisheries Act, which will put endangered species at greater risk of extinction. I am also talking about changes to the criteria for old age security, or the OAS eligibility age, which will go from 65 to 67 as of 2023.

In our analysis, we found that this change is not necessary and that the Canadian economy has the means to allow Canadians to receive old age security at 65. In any event, is this change proposed by the government so urgent for the economy that we need to include it in this budget bill? Why does this change not merit its own bill?

The same can be said about the unprecedented changes to employment insurance, which could result in significant changes in the regions, especially those where seasonal employment is the norm. These are unprecedented changes and the federal government has not even taken the time to consult the provinces, which could be hard hit by a decline in population or an increase in requests for social assistance.

In all, more than 60 pieces of legislation would be modified, created or deleted by Bill C-38. The government's only argument for charging ahead is that the economy is fragile and it cannot wait. This is, of course, preposterous since many of the changes in the bill are not remotely time critical or, in many cases, even related to what we would expect in a budget implementation plan. Old age security changes would be 11 years away. Why do the Conservatives think they can behave this way? And will somebody in the government explain to me why Canada's economic stability is critically dependent on changes to the Fisheries Act being implemented immediately?

We live in a democracy. In democracies, even those with majority governments, there is a proper way to enact legislation and it is not by cramming a very large number of pieces of legislation into a single bill.

I would like to repeat an important point. Not only should Bill C-38 be split into several bills dealing with the environment, fisheries, employment insurance and old age security, among other things, but a government committed to working with the provinces would have consulted them before going ahead with Bill C-38, a bill that will definitely affect the provinces.

Unfortunately, this government ignores everyone and consults no one. This was the case recently with the premiers of the Atlantic provinces on the issue of employment insurance and with the National Assembly last Friday, which once again voted unanimously on changes to employment insurance.

We in the Liberal Party knew from the beginning that the government would not suddenly become reasonable. It is simply not its style. We knew that its members would charge blindly ahead with no intention to listen to reason or to compromise and damn the torpedoes. For that reason we decided that in addition to speaking out loudly and clearly about the government's abuse of democracy, we needed also to maximize the effectiveness of our procedural tactics. If I may say, here the Liberals have quite a bit of experience. We did try to propose substantive amendments to Bill C-38 in committee, but they were rejected. The government simply refused to listen. The result is that we introduced 503 report stage amendments to delete clauses that we felt were unacceptable to this bill.

In addition to this, we worked closely with the member for Saanich—Gulf Islands and told her we would support any substantive amendments that she proposed and with which we agreed.

I recognize that the Conservative government has the majority of seats in the House of Commons. I respect that reality. Ultimately, that allows it to do what it wishes. However, that does not mean that ignoring the arguments raised by opposition parties is the smart way to behave, given that opposition parties sometimes propose sensible amendments to government bills. In fact, one might argue that a smart majority government will occasionally listen to the opposition parties and sometimes put a little water in its wine. That is a smart move. It is viewed not so much as a concession or a surrender, but more as a willingness to work together, something Canadians admire and expect from their politicians. So far, this has not happened, but it is not too late.

If this government is willing to listen and make compromises, we could work together in the interest of Canadians.

My party is prepared to vote right now on the parts of Bill C-38 that are related to the budget, but the clauses in Bill C-38 that have no direct bearing on the budget should be removed. The government should not be trying to hide important changes to Canada's legislation in this bill.

The Prime Minister did not raise the issue of changing the age of old age security in the last election. He did not talk about overhauling the environmental assessment regulations and legislation or the Fisheries Act. He never mentioned important changes that were coming for employment insurance. These require fulsome debate as well as consultation with the provinces.

I close by appealing to the government to listen to reason. At the end of the day, it can get a great majority of what it wants. However, what it needs to remember is that Canadians will judge it by the way it goes about it.

[Rodger Cuzner, Liberal, Cape Breton—Canso, NS]

Mr. Speaker, I understand that seasonal industries are an incredibly important part of the economy, not just of Atlantic Canada but right across this country from coast to coast. The changes buried within this budget bill would have a significant impact on access to labour for those people who run businesses in seasonal industries, such as forestry, tourism, agriculture, the fishery and construction. We have heard right across this country that the end result would be a depleted pool of skilled labour for those industries.

I am wondering if my colleague could comment on this. There is a total lack of consultation. If there was a bit of consultation, might we be able to avert the negative impact it would have on those seasonal industries?

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, there is no question that the changes to EI being proposed in the budget implementation plan, which were suddenly inserted at the very last minute and for which there was very little detail, which we had to push the government to provide, would have a profound impact on certain parts of this country, particularly for those where employment is seasonal.

At the very least, this extremely complex question, which could result in the depopulation of certain areas and could be a greater burden on the provinces with respect to paying welfare, would have a profound transformational effect and, frankly, simply looks like a policy designed to pull people away from certain regions so that they go to other areas where there is a need for labour. This kind of profound change requires consultation, not only in this House of Commons where we should have had a fulsome debate as a separate bill, but more primarily with the provinces.

We heard the four Atlantic provincial premiers express their concerns. We heard l'Assemblée nationale du Québec last week unanimously vote against these EI changes. That really was a statement more about the fact that they were not being consulted.

Yes, this would have profound ramifications for Canada. The government should have consulted.

[Cathy McLeod, Conservative, Parliamentary Secretary to the Minister of National Revenue]

Mr. Speaker, I have a number of questions for my colleague.

Is the hon. member aware that the last three budget implementation acts in the last three years have been larger? Is he aware that there has been more study on this legislation than on any bill in 20 years? Is he also aware that there is an excellent summary at the very start of this legislation that talks about each change?

I think members can actually look at the changes and if something perks their interest they can look at the details.

Would the member not agree that our government is behaving very responsibly, as compared to the Liberal government of the 1990s? We have committed within this budget to maintain health care transfers to the provinces at record levels and have made a long-term commitment, as opposed to the Liberal cuts, to health care, which impacted the provinces in a significant way.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, if one looks at the length of budget implementation bills, one gets a very misleading picture of the situation. It is the breadth of what it entails. Even if one looks at the length and at the last 22 budget implementation bills, on average, the Conservatives' implementation bills are three times longer. I have done the math, and that is the situation.

I want to get back to the breadth of the bill. The breadth of this bill is staggering and cannot remotely be linked to important budgetary changes that need to be done at this time to protect a fragile recovery. The point here is the breadth of the bill. It touches 70 acts of Parliament, either deleting them, modifying them or in some cases creating new ones.

One clause, clause 52, would create an environmental assessment act, 2012, for Canada, and runs for 30 pages. That is what we are concerned about here today, not the length of the document.

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

Mr. Speaker, over the past few weeks, parliamentarians have been invited to look into the massive so-called “budget bill”, and, as we have been saying for weeks now, this bill is a real Trojan Horse.

It has all sorts of provisions that will have an impact on everything, from old age security, food inspection and healthcare transfers right through to immigration. Of course, one third of this Trojan Horse bill includes significant changes to environmental protection regulations.

In short, this bill repeals the Kyoto Protocol Implementation Act and, as a result, cancels all international accountability measures on climate change. Briefly once again, this bill repeals the current Canadian Environmental Assessment Act and, as a result, allows the Conservatives to considerably weaken the assessment system. So, in a nutshell, this bill dismantles the measures that were implemented to protect our environment and turns its back on climate change.

Just imagine what the rest of this bill contains. It is over 400 pages long and amends 60 different pieces of legislation, rescinding half a dozen and adding three, including a complete overhaul of the Canadian Environmental Assessment Act.

I want to stress that the short title of the bill, “jobs, growth and long-term prosperity”, does not reflect its content. First, much of the bill has nothing to do with the budget and, second, the bill is about austerity. The Parliamentary Budget Officer has confirmed that public sector job cuts will be in the order of 26,800 over the next three years. In addition, about 6,000 contract positions are being cut. The government has refused to detail where many of these cuts will be made, but many of the services and programs that Canadians rely upon will be diminished or eliminated.

It also seems clear that, since our economic recovery has stalled and in the face of global economic uncertainty, the last thing we need are further cutbacks, which will be a further drag on the overall economy.

Have we gained new jobs from the very depths of the economic downturn in 2008-09? Yes, of course. However, since the employment rate fell dramatically by 2.5% of the working age population at that time, it has only rebounded by 0.6%. Only about one-fifth of the labour market damage from the recession has been repaired. Between one in four or one in three net new jobs created in Canada from the end of 2007 to the end of 2011 went to temporary foreign workers. We have still not recovered from the lost jobs and we have not kept up with population growth.

However, the changes in the bill to employment insurance, rather than helping Canadian families adjust to a chronic shortage of jobs in most parts of the country, seem designed to compel them to abandon their skills in a rush to take any job at all. What a waste of skills at a time when Canada needs vision and leadership to help us transition to a more modern and environmentally sustainable economy.

We have somewhat succeeded in opening the debate. The minister finally clarified, in a way, what she has in store for employment insurance, but that cannot replace the normal democratic process.

Even though the Prime Minister has expressed opposition to omnibus bills in the past, the Conservatives do not seem too concerned about them today, but this bill is different. For many of the measures proposed, this is the first time we are hearing about them being in the bill. However, despite the bill's scope, the government is determined to pass it as quickly as possible, without consulting Canadians and their members of Parliament, and without having the bill carefully examined by experts and other stakeholders.

Conservative commentator, Andrew Coyne, wrote in the National Post:

Not only does this make a mockery of the confidence convention, shielding bills that would otherwise be defeatable within a money bill, which is not: It makes it impossible to know what Parliament really intended by any of it. We’ve no idea whether MPs supported or opposed any particular bill in the bunch, only that they voted for the legislation that contained them. There is no common thread that runs between them, no overarching principle; they represent not a single act of policy, but a sort of compulsory buffet.

But there is something quite alarming about Parliament being obliged to rubber-stamp the government’s whole legislative agenda at one go.

That was said by a Conservative commentator, and I could not agree more.

The Conservatives' approach is very worrisome. The official opposition has tried to work with the government to split the bill and allow the various measures to be debated more substantively and studied more carefully within the proper committees. The Conservatives refused.

We have asked for enough time to study the bill within the Standing Committee on Finance. The Conservatives gave us only four minutes per clause. And they refused to give us more time when witnesses representing both sides were unable to attend the meetings, whose schedule was strictly controlled by the Conservatives. This reduced the time for debate even more.

The finance subcommittee set up to study part 3 of the bill had just 12 hours to hear from witnesses on a wide variety of changes to environmental regulation and changes impacting our fisheries and species at risk, including an entirely rewritten environmental assessment act. Our colleagues on the subcommittee reported that hearings were often rushed, often interrupted, that consultation was extremely limited and that a lack of opportunity to draw on the expertise of the standing committees on environment, fisheries and natural resources prevented a proper and robust evaluation of the proposals in the bill.

I regret to say that our experience in the finance committee was much the same. The extremely tight timeline made it impossible for several witnesses to appear, which significantly cut down on our hearing time. Some witnesses, who did appear but did not support the government's position, often had their testimony dismissed. One economist had his work dismissed as garbage, and Paul Kennedy, who spent 20 years in the area of national security and who served as a senior assistant to the deputy minister of public safety, had his testimony dismissed as simply wrong. His error: he voiced concern over the impact of the elimination of the position of the Inspector General of CSIS.

Canadians have every right to expect that their government will listen to the public. The New Democrats were listening, both at committee and at public hearings across the county. We heard from Dr. Haggie, of the Canadian Medical Association, who warned that raising the age of eligibility for old age security was certain to have a negative impact. He emphasized that gnawing away at Canada's social safety net would no doubt force hard choices on some of tomorrow's seniors. The choice between whether to buy groceries or buy their medicine will, in the end, put a greater burden on our health care system.

We heard from a number of experts who warned that the proposed changes to employment insurance would contribute to a low-wage policy by forcing people to take significant pay cuts or be cut off from the benefits they paid into. One, Professor Marjorie Griffin Cohen, said:

Going from making $14 or $15 an hour to making $10.25, the minimum wage, makes a very huge difference for women. We see that this legislation will contribute to a low-wage policy, and already the vast majority of low-wage workers are women, so these policies will affect them. I would like the committee to understand that.

Last fall, I spoke with one of my constituents who came to Ottawa to protest peacefully on Parliament Hill against the government's inaction on climate change. She is in her sixties and had never participated in civil disobedience or been arrested, but she felt so strongly that Canada was going down the wrong path and that the government was not listening, she felt she had to do something, so she travelled to Ottawa to make her voice heard. This person is not a radical. Is it radical to believe that government policy should involve public debate. In a democracy, this should be commonplace but the Conservatives are determined to shut down debate.

We have fought tooth and nail every step of the way to have debate on the bill. We will continue to do so. That is why we brought witnesses forward to the finance committee and subcommittee. That is why we held hearings across the country. We are trying to make it clear that we do not want the government to balance its books on the backs of seniors and to make clear that massive changes to EI should only come after a substantive debate.

We want to provide an opportunity for all Canadians to have their voices heard on this important bill which would have very real impacts on them now and on generations forward.