Jobs and Growth Act, 2012

A second 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.

Part 1 implements certain income tax measures and related measures proposed in the March 29, 2012 budget. Most notably, it
(a) amends the rules relating to Registered Disability Savings Plans (RDSPs) by
(i) replacing the 10-year repayment rule applying to withdrawals with a proportional repayment rule,
(ii) allowing investment income earned in a Registered Education Savings Plan (RESP) to be transferred on a tax-free basis to the RESP beneficiary’s RDSP,
(iii) extending the period that RDSPs of beneficiaries who cease to qualify for the Disability Tax Credit may remain open in certain circumstances,
(iv) amending the rules relating to maximum and minimum withdrawals, and
(v) amending certain RDSP administrative rules;
(b) includes an employer’s contributions to a group sickness or accident insurance plan in an employee’s income in certain circumstances;
(c) amends the rules applicable to retirement compensation arrangements;
(d) amends the rules applicable to Employees Profit Sharing Plans;
(e) expands the eligibility for the accelerated capital cost allowance for clean energy generation equipment to include a broader range of bioenergy equipment;
(f) phases out the Corporate Mineral Exploration and Development Tax Credit;
(g) phases out the Atlantic Investment Tax Credit for activities related to the oil and gas and mining sectors;
(h) provides that qualified property for the purposes of the Atlantic Investment Tax Credit will include certain electricity generation equipment and clean energy generation equipment used primarily in an eligible activity;
(i) amends the Scientific Research and Experimental Development (SR&ED) investment tax credit by
(i) reducing the general SR&ED investment tax credit rate from 20% to 15%,
(ii) reducing the prescribed proxy amount, which taxpayers use to claim SR&ED overhead expenditures, from 65% to 55% of the salaries and wages of employees who are engaged in SR&ED activities,
(iii) removing the profit element from arm’s length third-party contracts for the purpose of the calculation of SR&ED tax credits, and
(iv) removing capital from the base of eligible expenditures for the purpose of the calculation of SR&ED tax incentives;
(j) introduces rules to prevent the avoidance of corporate income tax through the use of partnerships to convert income gains into capital gains;
(k) clarifies that transfer pricing secondary adjustments are treated as dividends for the purposes of withholding tax imposed under Part XIII of the Income Tax Act;
(l) amends the thin capitalization rules by
(i) reducing the debt-to-equity ratio from 2:1 to 1.5:1,
(ii) extending the scope of the thin capitalization rules to debts of partnerships of which a Canadian-resident corporation is a member,
(iii) treating disallowed interest expense under the thin capitalization rules as dividends for the purposes of withholding tax imposed under Part XIII of the Income Tax Act, and
(iv) preventing double taxation in certain circumstances when a Canadian resident corporation borrows money from its controlled foreign affiliate;
(m) imposes, in certain circumstances, withholding tax under Part XIII of the Income Tax Act when a foreign-based multinational corporation transfers a foreign affiliate to its Canadian subsidiary, while preserving the ability of the Canadian subsidiary to undertake expansion of its Canadian business; and
(n) phases out the Overseas Employment Tax Credit.
Part 1 also implements other selected income tax measures. Most notably, it introduces tax rules to accommodate Pooled Registered Pension Plans and provides that income received from a retirement compensation arrangement is eligible for pension income splitting in certain circumstances.
Part 2 amends the Excise Tax Act and the Jobs and Economic Growth Act to implement rules applicable to the financial services sector in respect of the goods and services tax and harmonized sales tax (GST/HST). They include rules that allow certain financial institutions to obtain pre-approval from the Minister of National Revenue of methods used to determine their liability in respect of the provincial component of the HST, that require certain financial institutions to have fiscal years that are calendar years, that require group registration of financial institutions in certain cases and that provide for changes to a rebate of the provincial component of the HST to certain financial institutions that render services to clients that are outside the HST provinces. This Part also confirms the authority under which certain GST/HST regulations relating to financial institutions are made.
Part 3 amends the Federal-Provincial Fiscal Arrangements Act to provide the legislative authority to share with provinces and territories taxes in respect of specified investment flow-through (SIFT) entities — trusts or partnerships — under section 122.1 and Part IX.1 of the Income Tax Act, consistent with the federal government’s proposal on the introduction of those taxes. It also provides the legislative authority to share with provinces and territories the tax on excess EPSP amounts imposed under Part XI.4 of the Income Tax Act, consistent with the measures proposed in the March 29, 2012 budget. It also allows the Minister of Finance to request from the Minister of National Revenue information that is necessary for the administration of the sharing of taxes with the provinces and territories.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Jobs and Economic Growth Act as a result of amendments introduced in the Jobs, Growth and Long-term Prosperity Act to allow certain public sector investment pools to directly invest in a federally regulated financial institution.
Division 2 of Part 4 amends the Canada Shipping Act, 2001 to permit the incorporation by reference into regulations of all Canadian modifications to an international convention or industry standard that are also incorporated by reference into the regulations, by means of a mechanism similar to that used by many other maritime nations. It also provides for third parties acting on the Minister of Transport’s behalf to set fees for certain services that they provide in accordance with an agreement with that Minister.
Division 3 of Part 4 amends the Canada Deposit Insurance Corporation Act to, among other things, provide for a limited, automatic stay in respect of certain eligible financial contracts when a bridge institution is established. It also amends the Payment Clearing and Settlement Act to facilitate central clearing of standardized over-the-counter derivatives.
Division 4 of Part 4 amends the Fisheries Act to amend the prohibition against obstructing the passage of fish and to provide that certain amounts are to be paid into the Environmental Damages Fund. It also amends the Jobs, Growth and Long-term Prosperity Act to amend the definition of Aboriginal fishery and another prohibition relating to the passage of fish. Finally, it provides transitional provisions relating to authorizations issued under the Fisheries Act before certain amendments to that Act come into force.
Division 5 of Part 4 enacts the Bridge To Strengthen Trade Act, which excludes the application of certain Acts to the construction of a bridge that spans the Detroit River and other works and to their initial operator. That Act also establishes ancillary measures. It also amends the International Bridges and Tunnels Act.
Division 6 of Part 4 amends Schedule I to the Bretton Woods and Related Agreements Act to reflect changes made to the Articles of Agreement of the International Monetary Fund as a result of the 2010 Quota and Governance Reforms. The amendments pertain to the rules and regulations of the Fund’s Executive Board and complete the updating of that Act to reflect those reforms.
Division 7 of Part 4 amends the Canada Pension Plan to implement the results of the 2010-12 triennial review, most notably, to clarify that contributions for certain benefits must be made during the contributory period, to clarify how certain deductions are to be determined for the purpose of calculating average monthly pensionable earnings, to determine the minimum qualifying period for certain late applicants for a disability pension and to enhance the authority of the Review Tribunal and the Pension Appeals Board. It also amends the Department of Human Resources and Skills Development Act to enhance the authority of the Social Security Tribunal.
Division 8 of Part 4 amends the Indian Act to modify the voting and approval procedures in relation to proposed land designations.
Division 9 of Part 4 amends the Judges Act to implement the Government of Canada’s response to the report of the fourth Judicial Compensation and Benefits Commission regarding salary and benefits for federally appointed judges. It also amends that Act to shorten the period in which the Government of Canada must respond to a report of the Commission.
Division 10 of Part 4 amends the Canada Labour Code to
(a) simplify the calculation of holiday pay;
(b) set out the timelines for making certain complaints under Part III of that Act and the circumstances in which an inspector may suspend or reject such complaints;
(c) set limits on the period that may be covered by payment orders; and
(d) provide for a review mechanism for payment orders and notices of unfounded complaint.
Division 11 of Part 4 amends the Merchant Seamen Compensation Act to transfer the powers and duties of the Merchant Seamen Compensation Board to the Minister of Labour and to repeal provisions that are related to the Board. It also makes consequential amendments to other Acts.
Division 12 of Part 4 amends the Customs Act to strengthen and streamline procedures related to arrivals in Canada, to clarify the obligations of owners or operators of international transport installations to maintain port of entry facilities and to allow the Minister of Public Safety and Emergency Preparedness to require prescribed information about any person who is or is expected to be on board a conveyance.
Division 13 of Part 4 amends the Hazardous Materials Information Review Act to transfer the powers and functions of the Hazardous Materials Information Review Commission to the Minister of Health and to repeal provisions of that Act that are related to the Commission. It also makes consequential amendments to other Acts.
Division 14 of Part 4 amends the Agreement on Internal Trade Implementation Act to reflect changes made to Chapter 17 of the Agreement on Internal Trade. It provides primarily for the enforceability of orders to pay tariff costs and monetary penalties made under Chapter 17. It also repeals subsection 28(3) of the Crown Liability and Proceedings Act.
Division 15 of Part 4 amends the Employment Insurance Act to provide a temporary measure to refund a portion of employer premiums for small businesses. An employer whose premiums were $10,000 or less in 2011 will be refunded the increase in 2012 premiums over those paid in 2011, to a maximum of $1,000.
Division 16 of Part 4 amends the Immigration and Refugee Protection Act to provide for an electronic travel authorization and to provide that the User Fees Act does not apply to a fee for the provision of services in relation to an application for an electronic travel authorization.
Division 17 of Part 4 amends the Canada Mortgage and Housing Corporation Act to remove the age limit for persons from outside the federal public administration being appointed or continuing as President or as a director of the Corporation.
Division 18 of Part 4 amends the Navigable Waters Protection Act to limit that Act’s application to works in certain navigable waters that are set out in its schedule. It also amends that Act so that it can be deemed to apply to certain works in other navigable waters, with the approval of the Minister of Transport. In particular, it amends that Act to provide for an assessment process for certain works and to provide that works that are assessed as likely to substantially interfere with navigation require the Minister’s approval. It also amends that Act to provide for administrative monetary penalties and additional offences. Finally, it makes consequential and related amendments to other Acts.
Division 19 of Part 4 amends the Canada Grain Act to
(a) combine terminal elevators and transfer elevators into a single class of elevators called terminal elevators;
(b) replace the requirement that the operator of a licensed terminal elevator receiving grain cause that grain to be officially weighed and officially inspected by a requirement that the operator either weigh and inspect that grain or cause that grain to be weighed and inspected by a third party;
(c) provide for recourse if an operator does not weigh or inspect the grain, or cause it to be weighed or inspected;
(d) repeal the grain appeal tribunals;
(e) repeal the requirement for weigh-overs; and
(f) provide the Canadian Grain Commission with the power to make regulations or orders with respect to weighing and inspecting grain and the security that is to be obtained and maintained by licensees.
It also amends An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to Repeal the Grain Futures Act as well as other Acts, and includes transitional provisions.
Division 20 of Part 4 amends the International Interests in Mobile Equipment (aircraft equipment) Act and other Acts to modify the manner in which certain international obligations are implemented.
Division 21 of Part 4 makes technical amendments to the Canadian Environmental Assessment Act, 2012 and amends one of its transitional provisions to make that Act applicable to designated projects, as defined in that Act, for which an environmental assessment would have been required under the former Act.
Division 22 of Part 4 provides for the temporary suspension of the Canada Employment Insurance Financing Board Act and the dissolution of the Canada Employment Insurance Financing Board. Consequently, it enacts an interim Employment Insurance premium rate-setting regime under the Employment Insurance Act and makes amendments to the Canada Employment Insurance Financing Board Act, the Department of Human Resources and Skills Development Act, the Jobs, Growth and Long-term Prosperity Act and Schedule III to the Financial Administration Act.
Division 23 of Part 4 amends the Canadian Forces Superannuation Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act and makes consequential amendments to other Acts.
The Canadian Forces Superannuation Act is amended to change the limitations that apply in respect of the contribution rates at which contributors are required to pay as a result of amendments to the Public Service Superannuation Act.
The Public Service Superannuation Act is amended to provide that contributors pay no more than 50% of the current service cost of the pension plan. In addition, the pensionable age is raised from 60 to 65 in relation to persons who become contributors on or after January 1, 2013.
The Royal Canadian Mounted Police Superannuation Act is amended to change the limitations that apply in respect of the contribution rates at which contributors are required to pay as a result of amendments to the Public Service Superannuation Act.
Division 24 of Part 4 amends the Canada Revenue Agency Act to make section 112 of the Public Service Labour Relations Act applicable to the Canada Revenue Agency. That section makes entering into a collective agreement subject to the Governor in Council’s approval. The Division also amends the Canada Revenue Agency Act to require that the Agency have its negotiating mandate approved by the President of the Treasury Board and to require that it consult the President of the Treasury Board before determining certain other terms and conditions of employment for its employees.

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

Dec. 5, 2012 Passed That the Bill be now read a third time and do pass.
Dec. 4, 2012 Passed That Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Schedule 1.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 515.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 464.
Dec. 4, 2012 Failed That Bill C-45, in Clause 437, be amended by deleting lines 25 to 34 on page 341.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 433.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 425.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 411.
Dec. 4, 2012 Failed That Bill C-45, in Clause 369, be amended by replacing lines 37 and 38 on page 313 with the following: “terminal elevator shall submit grain received into the elevator for an official weighing, in a manner authorized by the”
Dec. 4, 2012 Failed That Bill C-45, in Clause 362, be amended by replacing line 16 on page 310 with the following: “provide a security, in the form of a bond, for the purpose of”
Dec. 4, 2012 Failed That Bill C-45, in Clause 358, be amended by replacing line 8 on page 309 with the following: “reinspection of the grain, to the grain appeal tribunal for the Division or the chief grain”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 351.
Dec. 4, 2012 Failed That Bill C-45, in Clause 317, be amended by adding after line 22 on page 277 the following: “(7) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following: (2) For the purposes of this Act, when considering if a decision is in the public interest, the Minister shall take into account, as primary consideration, whether it would protect the public right of navigation, including the exercise, safeguard and promotion of that right.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 316.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 315.
Dec. 4, 2012 Failed That Bill C-45, in Clause 313, be amended by deleting lines 15 to 24 on page 274.
Dec. 4, 2012 Failed That Bill C-45, in Clause 308, be amended by replacing line 29 on page 272 with the following: “national in respect of whom there is reason to believe that he or she poses a specific and credible security threat must, before entering Canada, apply”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 308.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 307.
Dec. 4, 2012 Failed That Bill C-45, in Clause 302, be amended by replacing lines 4 to 8 on page 271 with the following: “9. (1) Except in instances where a province is pursuing any of the legitimate objectives referred to in Article 404 of the Agreement, namely public security and safety, public order, protection of human, animal or plant life or health, protection of the environment, consumer protection, protection of the health, safety and well-being of workers, and affirmative action programs for disadvantaged groups, the Governor in Council may, by order, for the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect in respect of a province under Article 1709 of the Agreement, do any”
Dec. 4, 2012 Failed That Bill C-45, in Clause 279, be amended (a) by replacing line 3 on page 265 with the following: “47. (1) The Minister may, following public consultation, designate any” (b) by replacing lines 8 to 15 on page 265 with the following: “specified in this Act, exercise the powers and perform the”
Dec. 4, 2012 Failed That Bill C-45, in Clause 274, be amended by adding after line 38 on page 262 the following: “(3) The council shall, within four months after the end of each year, submit to the Minister a report on the activities of the council during that year. (4) The Minister shall cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives it. (5) The Minister shall send a copy of the report to the lieutenant governor of each province immediately after a copy of the report is last laid before either House. (6) For the purpose of this section, “sitting day” means a day on which either House of Parliament sits.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 269.
Dec. 4, 2012 Failed That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following: “12.2 Within six months after the day on which regulations made under subsection 12.1(8) come into force, the impact of section 12.1 and those regulations on privacy rights must be assessed and reported to each House of Parliament.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following: “(9) For greater certainty, any prescribed information given to the Agency in relation to any persons on board or expected to be on board a conveyance shall be subject to the Privacy Act.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 264.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 233.
Dec. 4, 2012 Failed That Bill C-45, in Clause 223, be amended by deleting lines 16 to 26 on page 239.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 219.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 206.
Dec. 4, 2012 Failed That Bill C-45, in Clause 179, be amended by adding after line 17 on page 208 the following: “(3) The exemption set out in subsection (1) applies if the person who proposes the construction of the bridge, parkway or any related work establishes, in relation to any work, undertaking or activity for the purpose of that construction, that the construction will not present a risk of net negative environmental impact.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 179, be amended by adding after line 7 on page 208 the following: “(3) The exemptions set out in subsection (1) apply if the person who proposes the construction of the bridge, parkway or any related work establishes, in relation to any work, undertaking or activity for the purpose of the construction of the bridge, parkway or any related work, that the work, undertaking or activity ( a) will not impede navigation; ( b) will not cause destruction of fish or harmful alteration, disruption or destruction of fish habitat within the meaning of the Fisheries Act; and ( c) will not jeopardize the survival or recovery of a species listed in the Species at Risk Act.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 179.
Dec. 4, 2012 Failed That Bill C-45, in Clause 175, be amended by replacing lines 23 to 27 on page 204 with the following: “or any of its members in accordance with any treaty or land claims agreement or, consistent with inherent Aboriginal right, harvested by an Aboriginal organization or any of its members for traditional uses, including for food, social or ceremonial purposes;”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 173.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 166.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 156.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 99.
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by replacing line 22 on page 38 to line 11 on page 39 with the following: “scribed offshore region, and that is acquired after March 28, 2012, 10%.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by deleting line 14 on page 38 to line 11 on page 39.
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by replacing line 17 on page 35 with the following: “( a.1) 19% of the amount by which the”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 3.
Dec. 4, 2012 Failed That Bill C-45, in Clause 62, be amended by replacing line 26 on page 134 with the following: “( b) 65% multiplied by the proportion that”
Dec. 4, 2012 Failed That Bill C-45, in Clause 9, be amended by replacing line 3 on page 15 with the following: “before 2020, or”
Dec. 4, 2012 Failed That Bill C-45, in Clause 9, be amended by deleting lines 12 and 13 on page 14.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 1.
Dec. 3, 2012 Passed That, in relation to Bill C-45, a second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than five further hours shall be allotted to the consideration at report stage and one sitting day shall be allotted to the third reading stage of the said Bill; and at the expiry of the time provided for the consideration at report stage and at fifteen minutes before the expiry of the time provided for government business on the day allotted to the consideration of 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.
Oct. 30, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Oct. 25, 2012 Passed That, in relation to Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than four 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 fourth 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.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:45 a.m.


See context

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I would like to thank my colleague from Compton—Stanstead for sharing his totally legitimate concerns and comments with us.

What does this bill have to offer future generations in terms of environmental standards? Unfortunately, it contains no environmental standards to protect future generations. As I mentioned, the official opposition and my Liberal colleagues are not the only ones worried about this problem. Many of the people of Laval, who care deeply about their environment, are worried too.

People at the eastern end of Laval are strongly attached to their bodies of water. Two navigable rivers cross the riding: the Rivière des Mille Îles and the Rivière des Prairies. People in that lovely part of the country really want all of their bodies of water, which they are constantly trying to raise awareness of, to remain protected and to be in better shape for future generations.

I was talking about this to the Conseil régional de l'environnement de Laval, with which the four Laval MPs work very hard. The organization is shocked at the extent to which the government is abandoning future generations and at how little attention Bill C-45 pays to sustainable development and the environment.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:30 a.m.


See context

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, it is with some concern that I rise to speak here today. I said I am concerned, and that is the right word to describe how I feel about Bill C-45, because it will have a huge impact.

The bill is over 400 pages long and amends dozens of existing laws. It is a real statutory juggernaut, if not a monster. Its repercussions will be felt for a very long time all across Canada. Instead of letting us study this bill properly, the government has imposed a gag order. That is what frightens me. How are we supposed to do our jobs if we cannot debate the bill?

I was elected to represent the people of Alfred-Pellan. How can I voice their opinions and concerns if our study of Bill C-45 is reduced to a bare minimum? It makes no sense. I would even say that this brutal way of imposing legislation on Parliament goes against common Canadian values. Canada has always been a place of debate, discussion and compromise. It is unfortunate that this government does not promote those values.

The being said, I would like to take the next few minutes to clearly explain what I dislike about this bill. My main concern has to do with the environment. Indeed, Bill C-45 seems to use every available means to gut the environmental protections that we are so proud of. As we know, Canadians have traditionally cared about respecting the environment. This has generally been the consensus, but for the past few years, ever since the Conservative government came to power, that consensus has been called into question. My Conservative colleagues do not seem to be concerned about nature. They want to put development before protection. This is a very dangerous approach that will prove ineffective in the long run.

For instance, Bill C-45 guts the protection of navigable waterways in Canada. Quite some time ago, we decided as a society that it was important to protect the lakes and rivers that we all care so much about. Thousands of waterways were thus protected by the legislation. Before developing a project like a bridge, wharf or pipeline, a proper assessment had to be done.

Is there an environmental hazard? Will species at risk be affected? What impact would an accident have on the environment? This is the type of question that made the Navigable Waters Protection Act so important. It responded to a logical requirement: it made people stop for a moment before developing without thinking. The pros and cons of a project were considered. If everything seemed fine, then the project went forward. If not, then it was back to the drawing board. This was the right way of doing things. It was an acceptable compromise between development and respect for the environment. Unfortunately, Bill C-45 is ruining all that.

Over 99% of the 33,000 bodies of water that were once protected will now be abandoned. Only a handful of rivers and waterways will still be protected under the new navigation protection act. As for the rest, it will be a wild west scenario. Companies will be able to build, develop and destroy without question. They could build a pipeline, bridge or wharf without any problems. They will build first and then have second thoughts later if things happen to go awry. The wisdom and critical judgment that were at the very heart of our values have gone out the window.

In short, the Conservatives are giving the keys to Canada's wilderness to big business. Too bad for the balance between the economy and nature, too bad for first nations, too bad for communities that care about their natural heritage and too bad for the environment. All that is being sacrificed for the sake of economic development.

My colleagues and I hope that Canada's economy grows. What we do not want, however, is for the economy to develop to the detriment of the environment. What good is making a buck if we have to destroy everything to do it? Bill C-45 is bad news for the Canadian wilderness. And yet, the beauty of that wilderness is one of the things for which we are recognized throughout the world.

If we ask people from other countries and tourists what they like about our country, they often answer that it is the wilderness and the wild open spaces. Canada has the longest coastline in the world. We have breathtakingly beautiful lakes and rivers. By doing away with the environmental protections for these waterways, Bill C-45 damages that reputation. This bill is a frightening step toward a damaged and spoiled wilderness.

I have discussed this with many of my constituents, and some environmental groups have also talked to me about it. What do they think? They are ashamed of their government. They do not understand how it can just dismiss the balance that Canadians worked hard to achieve over the past few decades. They feel like they are going back in time. The provinces and territories are also concerned about Bill C-45. By putting an end to the protection of waterways, the federal government is abdicating its responsibilities. It is abandoning all of this and letting the provinces deal with it on their own.

This means more responsibilities for the provinces without the additional funding they need. They are merely being told to deal with it. Is that the government's so-called open federalism? For the good of our federation, I hope not.

Another aspect of Bill C-45 concerns me. Earlier, I spoke a little about the economy. Upon reading the bill, I had a question: where is the government's plan to stimulate job creation?

I looked through the 400 pages and unfortunately found nothing. Of course, the government's response will be that abolishing the environmental protection of rivers will stimulate the economy. That is so cynical that I do not even want to respond. However, I must, and I will repeat that economic development does not have to happen at the expense of nature. There is a way to strike a balance. Bill C-45 will eliminate the balance in our laws.

From what I can gather, the government has only one job creation strategy: development at any cost. Not only is this despicable from an environmental point of view, but it is also counterproductive. All kinds of measures could be implemented right now to stimulate the economy and create jobs. My colleagues and I keep proposing measures right here in the House, and none of them will result in an environmental disaster.

I am thinking, for example, of reducing the obscene credit card fees charged to small and medium-sized companies. Why has the federal government not taken action on this? It is a matter of putting the major banks in their place by preventing them from abusing SMEs, which are job creators. This is simple and effective, and it would put more money in the pockets of honest business owners to help them hire people.

Giving tax breaks to small and medium-sized companies that hire would be another way to stimulate job creation. All economists agree that SMEs are essential to making Canada's economy run smoothly. They are the ones we should be helping, not the big oil companies and banks that are making money. The government does not seem to realize that. When it must choose between multinational companies that earn billions of dollars and small businesses, it chooses the big guys. Unfortunately, that does not make much sense.

We must be careful. We cannot rob Peter to pay Paul. No one, especially not me, is opposed to the existence of big companies. They also contribute a lot to our society. Once again, this is a matter of balance. As with protecting the environment, we must find a happy medium. Under Bill C-45, this happy medium will no longer exist. The government will replace it with a scale that is tilted to the right, and always more to the right.

That is why I strongly oppose the quick passage of Bill C-45. Its repercussions are much too significant and its targets are much too poor to receive my support. I urge all my colleagues to think carefully before supporting this bill. If they examine it closely they will see that it is headed in the wrong direction.

There is little time left for debate. I am very happy and grateful to have the opportunity to rise in the House today to discuss Bill C-45. However, I want to reiterate that it is extremely sad that this bill is being passed at lightning speed. It is also very disappointing that this omnibus bill was not properly studied in committee and that the few committees that did have a chance to study it did not have enough time to do so. Some of them had only one day for their study, even though this bill is over 400 pages long. It is extremely sad to see just how much our democracy is being undermined.

As a final point, I seek the unanimous consent of the House to move a motion.

I move that, notwithstanding any Standing Order or usual practice of the House, Bill C-45, in clause 321, be amended by adding after line 13 on page 291 the following: (2.1) The addition of the navigable waters listed below is deemed to be in the public interest and the governor in council shall, by regulation, as soon as is reasonably practicable after the day on which this act receives royal assent, add those navigable waters to the schedule, including, with respect to lakes, their approximate location in latitude and longitude and, with respect to rivers and riverines, the approximate downstream and upstream points, as well as a description of each of those lakes, rivers and riverines, and where more than one lake, river or riverine exists with the same name indicated in the list below, the governor in council shall select one to be added, namely: Sunken Lake, Thonokied River, Bear Head Lake, Shark Lake, Coyne Lake, Ontadek Lake, Frame Lake, Rufus Lake, Barnston Lake, Great Bear Lake, Anderson River, Tuitatui Lake, Hornaday River, Bedford Lake and Basile Lake.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:25 a.m.


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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I would like to ask my government colleague a question about research and development. We know that major changes were made to tax credits for scientific research and experimental development following the Jenkins report.

There are some particularly troubling elements in Bill C-45, including the fact that the government will cut tax credits for certain industries that really need them right now by $500 million. These credits will be converted into grants. Winners and losers will be chosen by the government.

The second element we do not like is the fact that capital expenditures will no longer be eligible for tax credits. This will cause significant harm to some industries, such as those in the manufacturing and natural resource sectors, because they need to set up pilot projects.

I would like to know whether the member is comfortable with the fact that the government is planning to decide who wins grants and who loses rather than provide tax credits. Why will capital expenditures, which were not mentioned in the Jenkins report's recommendations, no longer be eligible for tax credits?

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11 a.m.


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Liberal

Judy Foote Liberal Random—Burin—St. George's, NL

Mr. Speaker, I rise today to speak to Bill C-45, which as anyone who is watching knows, is the Conservative government's second omnibus budget implementation bill. Judging by the bill's 414 pages and 516 clauses amending over 60 different pieces of legislation, it is clear that the Conservatives just do not get it and, I fear, never will.

Despite the recent Liberal motion condemning omnibus legislation and Canadians' overwhelming opposition to Bill C-38, the government's last omnibus budget implementation bill, the Conservative government introduced yet another undemocratic omnibus bill.

When Canadians worry about the way the government is writing legislation, ministers throw their hands up in the air and tell Canadians not to concern themselves with process. However, Canadians are concerned about process. They understand that the process of elections, the process of debate, the process of accountability, the process of parliamentary study and consultation are the roots of Canadian democracy and go hand in hand with the success and stability of our economy. When the Conservative government tells worried Canadians not to concern themselves with process, Canadians sit up and take note.

In the face of unyielding abuses of power by the Conservative government, Liberals continue to fight for democracy and our economy and, in doing so, for Canadians from coast to coast to coast. For example, Liberals introduced a successful motion to separate the changes to MPs' pensions from the budget implementation bill so that these important changes could be fast-tracked through Parliament. We were pleased that the government worked with us on this particular issue.

In an attempt to ensure proper debate and consultation on Bill C-45, we requested that many unrelated measures be presented in separate stand-alone legislation. While the Prime Minister rejected Liberal calls for a more democratic approach, we were nevertheless encouraged that at least he agreed to allow Bill C-45 to be studied by 11 separate standing committees. Unfortunately, it became clear that the government's permission for the bill to be studied by committees was nothing more than a public relations ploy.

Tragically the government's refusal to split this enormous bill meant that only the finance committee had the order of reference from the House, meaning that only that committee could amend this legislation. For instance, had the fisheries committee discovered an error in division 4, which amends consequential provisions relating to the destruction of fish habitat under the Fisheries Act, the fisheries committee would have been unable to correct the legislation.

Bill C-45 is flawed and that is why Liberals introduced over 3,000 amendments at committee. It was our hope that some of these amendments would find bipartisan support so that we could have the best legislation possible. Unfortunately, the Conservatives proved yet again that when it comes to working together, they have no interest in doing so.

Many Canadian families are still feeling the harsh effects of the economic downturn and are struggling to make ends meet. I know that in my riding of Random—Burin—St. George's people were hoping that the Conservative government would surprise them and show leadership for a change by introducing a budget implementation bill that would help to create jobs. Unfortunately, Bill C-45 does very little to help create jobs and does even less to help struggling families feeling the burden of the growing gap between the rich and low and middle income Canadians.

Under the Conservative government, the Canadian economy is struggling. The Parliamentary Budget Officer is predicting a slower rate of growth that will cost the Canadian economy $22 billion every year. Even the Minister of Finance is predicting a slower growth rate and has stopped being so bullish about his deficit targets, embarrassingly conceding yet again that he will not meet his own deficit targets.

While the bill is known as an implementation bill, it may be more accurately described as a budget correction bill. Bill C-45 is tasked with cleaning up Conservative legislative mistakes in Bill C-38. For example, some of the measures that it seeks to correct include errors in the amended Fisheries Act regarding the travel of fish species in or through bodies of water, as well as fixing poor drafting of the new environmental assessment law's transition provisions and the unclear ministerial approval process for specific investments by public investment pools.

Part of the problem with omnibus legislation is that its sheer size and scope prevents Parliament from properly scrutinizing it and making sure that it actually achieves the desired outcomes. That is what we have been asking for, an opportunity to work with the government and all parties in the House to make sure that we have the best piece of legislation we can possibly have for Canadians who elect us to do just that.

When we combine the more than 400 pages of Bill C-38 with the Conservatives' penchant for limiting debate and ignoring facts that do not fit their ideology, it is not hard to understand why Bill C-38 had so many mistakes. These mistakes now have to be corrected.

Instead of the government presenting Canadians with legislation focused on jobs and the economy, it is attempting to correct mistakes that it should not have made in the first place, mistakes that are now taking up the time of the House of Commons when we should be debating other important pieces of legislation. This should have been dealt with and not have come back here so that members of Parliament again have to stand and point out the errors of the Conservative government. Had the government split the bill, as the Liberals requested, the government would not have had so many sloppy mistakes.

Furthermore, many of the measures introduced in the most recent omnibus bill, Bill C-45, do not belong in a budget implementation bill because they have nothing to do with the process of implementing a budget. The Minister of Finance's claim that all measures introduced in Bill C-45 were in the budget is simply not the case. For example, changes to the definition of aboriginal fishery were not in the budget and do not impact acts under the finance department. Changes to land designations in the Indian Act were not in the budget. I note that both of these changes to legislation affecting first nations peoples were done unilaterally, without consultation, and in fact violate the constitutional responsibility to consult aboriginal peoples. That is a blatant failure of the government, the failure to consult with Canadians from coast to coast to coast on issues that impact every facet of their lives on a daily basis. Still, the government just goes straight ahead and does what it wants to do without consulting those who will be most directly impacted.

Another interesting example of a measure that was not in the budget but appears in the budget implementation bill is the suspension of the Canada Employment Insurance Financing Board. Not only is the elimination of that board not in the budget, the budget actually promised the exact opposite. Page 146 of the budget states that “Over the next few years, the Canada Employment Insurance Financing Board (CEIFB) will continue to set the rate...”. Bill C-45 eliminates this board and centralizes the rate setting responsibility in the hands of cabinet.

In addition, the board set the employment insurance rate and was supposed to invest employment insurance surpluses, but under the Conservative government, so many people had been without work that the board has never had a surplus to invest.

Instead of addressing the harsh fiscal realities of many Canadians, Bill C-45 continues the Conservatives' reckless abuse of power. Cutting important job creation tax credits, like the scientific research and experimental development tax credit, the Atlantic investment tax credit and the corporate mineral exploration and development tax credit will not help our economy thrive.

I cannot support a piece of legislation that does more to harm jobs than to create them.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 10:55 a.m.


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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, I wonder if the hon. member opposite thinks it is reasonable and responsible that, under Bill C-45, less than 1% of Canada's waterways will be protected under the Navigable Waters Protection Act, which will be called the navigation protection act from now on.

Before this bill, all waterways in Canada were automatically protected by the government, which was responsible for the common good. From now on, less than 1% of our waterways will be protected.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 10:45 a.m.


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Conservative

Chungsen Leung Conservative Willowdale, ON

Mr. Speaker, I will begin again then. I am honoured to speak today to Bill C-45, the jobs and growth act.

As Canadians know, our government's top priority is creating jobs, growth and long-term prosperity. We have ensured that we have provided initiatives that will build a strong economy and foster job growth. We are dedicated to supporting Canadian families and communities, protecting our environment and supporting business and development.

We invested over $63 billion in targeted stimulus, an investment that helped to protect Canada from the worst global recession. It is no wonder that Canada has been envied by countries around the world as we have weathered the economic slowdown much better than other countries.

Our government understands that the global recovery remains fragile. There are still a lot of Canadians looking for work and that is why economic action plan 2012 moves ahead to secure jobs, growth and long-term prosperity for Canada.

We are supporting entrepreneurs, innovators and world-class research. We are acting on the Jenkins report, announcing $1.1 billion to directly support research and development, and $500 million for venture capital.

Prior to becoming the member of Parliament for Willowdale, I was an entrepreneur. I started five businesses and had staff in these businesses ranging from 5 people to 400. These measures are important to Canadian entrepreneurs.

Innovation in science and technology is important to our government and that is why we will invest $37 million annually to Canada's granting councils.

We know that it is important to improve conditions for business investment and that is why we believe in responsible resource development. We are ensuring that major resource projects are not bogged down by the regulatory system that one project receives only one review in a clearly defined timeframe.

In undertaking the most ambitious trade expansion plan in Canadian history, we know it is important to growing our trade relations with countries that offer markets in which we need to expand.

As a former entrepreneur, I know all too well the importance of having good business conditions. In extending the hiring credit for small business, we want to encourage additional hiring and lower total business payroll taxes by $205 million.

This government knows that it is important to keep Canadian families strong, and that is why economic action plan 2012 introduced several key measures to help Canadian families. They include: first, improving the registered disability savings plan to help ensure the long-term financial security of children with severe disabilities; second, improving first nations water infrastructure with over $330.8 million to ensure safe and clean drinking water on first nations reserves; third, investing in small public infrastructure with $150 million to support repairs and improvements to existing community facilities; fourth, promoting more active lifestyles with continued support for participation and its community-based physical activity and fitness programs; and fifth, enhancing the victims fund to ensure victims of crime have an effective voice in the federal justice and corrections system.

Those build on top of the strong action our Conservative government has taken to support families since 2006.

I will give the House other examples of what we have done to help Canadians. We have cut taxes over 140 times since forming government. We cut the lowest personal income tax rate to 15%. We removed over one million Canadians from the tax rolls. We increased the amount Canadians can earn tax free. We reduced the GST from 7% to 5%, putting nearly $1,000 back in the pocket of an average family. We introduced the universal child care benefit, offering families more choice in child care by providing $1,200 a year for each child under the age of 6. We introduced the family caregiver tax credit, a credit of up to $2,000 for caregivers of all types of infirm dependent relatives, including spouses, common-law partners and minor children. We introduced the child tax credit, providing personal income tax relief of up to $320 in 2011 for each child under the age of 18.

We introduced the children's fitness tax credit, promoting physical fitness among children through a tax credit of up to $500 in eligible fees for programs associated with physical activity. We introduced the children's arts tax credit of up to $500 in eligible fees for programs associated with children's artistic, cultural, recreational and developmental activities.

We brought in the landmark tax free savings account, the most important personal savings vehicle since the RRSP.

We doubled the in-study income exemption to $100 a week, allowing full-time students to earn more money without affecting their loans.

We eliminated the marriage penalty for one-earner families by increasing the spousal amount to the same level as the basic personal amount.

We introduced the registered disability savings plan to help families with children with disabilities.

In addition, families are benefiting from other new targeted measures, like the first-time homebuyers tax credit, the expanded homebuyers plan and the public transit tax credit.

I know that my constituents of Willowdale work hard for their paycheques and they believe in lower taxes. I am proud to be part of a government that supports low taxes and leaving more money where it belongs: in the pockets of hard-working Canadians and job-creating businesses. That is why we have cut taxes over 140 times since 2006, reducing the overall tax burden to its lowest level in nearly 50 years. We have removed over one million low-income families, individuals and seniors from the tax rolls altogether.

We have cut taxes in every way government collects them: personal taxes, consumption taxes, business taxes, excise taxes and much more. This includes cutting the lowest personal income tax to 15%; increasing the amount Canadians can earn tax free; providing seniors with pension income splitting; reducing the GST from 7% to 5%, putting nearly another $1,000 back in the pockets of an average family; introducing the child fitness tax credit and child art tax credit; bringing in the landmark tax free savings account, the most important personal savings vehicle since the RRSP; reducing the small business tax from 12% to 11%; and lowering business taxes to 15%, as passed in Parliament in 2007.

Indeed, our Conservative government low tax record has provided tax savings for typical Canadian families totalling over $3,100.

Due in part to the government's low tax plan, Forbes Magazine ranked Canada number one in the world for business to grow and create jobs.

Our economic action plan 2012 builds on our Conservative government's low tax record, including extending the hiring credit for small business for an additional year and providing business with a credit of up to $1,000 against a small firm's increase in its 2012 employment insurance premiums over those paid in 2011. This new tax credit will help up to half a million employers with additional hiring, reducing small business' 2012 payroll costs by about $205 million.

Supporting Canadian students is also a priority for this government. Seneca College is located in my riding of Willowdale. I was honoured recently to join the Minister of State for Science and Technology in the announcement of a grant to bridge innovation and commercialization. We know that Canada's students need to succeed in the global economy with the help of the best education possible. That is why, since 2006, our Conservative government has provided much needed support for our students.

I will now share with the House some of the measures we are taking to prepare our youth for the challenges of the 21st century. We are investing more than $10 billion annually in students and education, including more than $3 billion in transfers to the provinces for post-secondary education and over $7 billion in direct support for students and their families.

We are investing $2.5 billion per year to help students to deal with the cost of education through grants, scholarships and basic programs.

We have established the Canada student grant program, which is providing up to $250 per month of study to low-income students and up to $100 per month to middle-income students.

We are providing $140 million per year to encourage more young Canadians to pursue apprenticeships, including the new apprenticeship incentive grant and apprenticeship completion grants. We created the new apprenticeship job creation tax credit to encourage employers to hire new apprentices.

We have lowered the in-study interest rate for part-time Canadian student loan recipients from prime plus 2.5% to zero, bringing them in line with full-time students.

We have increased the family income threshold for part-time Canada student loan and Canada student grant recipients, bringing the eligibility thresholds in line with thresholds used for the full-time students.

We have invested $9 million in the north to expanded territorial colleges' literacy and numeracy programs, including in remote communities.

However, in the economic action plan 2012, we are doing more to ensure Canadians students are even better equipped and better integrated into the workforce. We are increasing support for youth employment opportunities. We are doubling graduate internship to innovative firms. We are clarifying eligibility for federal loan forgiveness.

I am proud of the measure that this government has taken. I know that these initiatives will be good for my constituents in Willowdale and for all Canadians. I am proud to stand in support of the economic action plan. I ask members of the House to support this plan today.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 10:45 a.m.


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Willowdale Ontario

Conservative

Chungsen Leung ConservativeParliamentary Secretary for Multiculturalism

Mr. Speaker, today I am honoured to speak to Bill C-45, the jobs and growth act, 2012.

As Canadians know, our government's top priority is creating jobs, growth and long-term prosperity. We have ensured that we have provided initiatives that will build a strong economy and foster job growth. We are dedicated to supporting Canadian families and communities, protecting our environment and supporting business and development.

We invested over $63 billion in targeted stimulus and investment that helped to protect Canada from the worst global recession. It is no wonder that Canada has been envied by countries around the world, as we have weathered the economic slowdown.

The House resumed from December 3 consideration of Bill C-45, A second 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, and of the motions in Group No. 1.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 6:55 p.m.


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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I would not dare to speak for the ridings of other colleagues, but I will certainly speak for mine. I am a member of the chambers of commerce in my riding. Regarding investment, I can say that those chambers of commerce are quite happy about what the NDP is proposing in terms of investment and economic policy.

As for navigable waters, I mentioned some rivers in my riding and talked about their environmental value, but they also have an economic value. The government provided no help to deal with floods. Help came from the community, and we saw how important it is to have a framework in place for our bodies of water in order to ensure the well-being of our community. That is why the community wants to keep those protections, and why I wish to oppose Bill C-45.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 6:50 p.m.


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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I will start by saying that we have absolutely no intention of joining the Liberal Party. I want to inform my constituents of that fact, because otherwise, I would never be re-elected. If there is one party that supported the government on several occasions and used the same tactics while it was in power, it is the Liberal Party, which introduced omnibus bills and dipped into the employment insurance fund, among other things.

I would also like to say that we opposed Bill C-45 as soon as we knew about its content, for the reasons mentioned by my colleagues. Moreover, I know very well that my colleges at the Standing Committee on Finance have done an incredible job, and I have a lot of respect for them. I have no doubt about the work that they have done, and I am sure that we will continue to oppose any budget of this kind.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 6:50 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I do find it somewhat interesting that New Democratic members are standing up, speaking and then moving a motion for some sort of an amendment. However, when we were in committee, what we saw was a different New Democratic Party. We saw a New Democratic Party that voted over 1,000 times with the Conservatives. We saw a New Democratic Party that voted to limit debate in committee.

My question to the member, now that the New Democratic Party has decided to once again join the Liberal Party in opposition to Bill C-45, is why did he not want to have this sort of debate in committee?

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 6:40 p.m.


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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I would politely ask you to please let me know when I have one minute left.

Looking at the clock, I am starting to believe that we may yet end on a high note this Monday evening, debating amendments that would actually help everyday people.

It took me a while to read the whole bill. It is indeed a massive document. We were given plenty to read back in June, and now even more, but that is okay; we like it. We are not quite so fond of the content, however.

That said, I will concentrate on what was said in the House today, particularly by my Conservative colleagues. There was a lot of talk about encouraging investment and creating the ideal economic environment for small and medium businesses. Much has also been said about the way these investments and economic conditions will help everyday Canadians.

I find this all very interesting. In fact, as an MP, I am very busy helping this time of year organizing food drives, attending Christmas dinners and preparing Christmas baskets, and so on.

Over the past few weekends, I have had a chance to take part in many food drives around my community and lend a hand to the organizations in charge either by making a run, coordinating the runs or preparing Christmas baskets.

Yesterday, for example, I took part in the food drive at the Saint-Basile-le-Grand volunteer centre, in my hometown. The response rate was lower this year than it has been in previous years. However, the centre coordinator, Mrs. Laurin, told me she was hoping for a good turnout despite the bad weather, because she has seen an increase in the number of people who use the food bank put on by the volunteer centre, which helps people in need.

There have been many national reports to that effect and I also hear many people in the field talk about this. I will therefore elaborate on the relevance of these remarks and facts.

As I just said, I often hear that the budget itself and the omnibus budget implementation bill will help people in need. However, it seems that people need more and more assistance and that the needs increase every day, every month and every year.

I am not talking about the Parliamentary Budget Officer or some major international economic organization. With all due respect to them, I am not talking about those who assess the national or international situation. I am talking about people in my riding who work every day in the field, in extremely difficult situations. I am talking about people who are in a better position than anyone in this House or at any university to comment on this.

This is what they are saying and it is exactly the same thing people are saying at all the food drives I have been to, that there is a huge increase in the number of people using food banks. If that is what economic prosperity looks like, then we have a huge problem. That is one of the reasons we must oppose Bill C-45 and the budget itself.

I will be speaking again about another issue that we have discussed many times: the Richelieu River. As I have said in many of my questions and comments today, it is one of the most important, if not the most important file for the riding's MP.

The Richelieu River is one of our region's ecological, economic and heritage assets. Towns were built around the river for economic reasons. The Richelieu River is an important heritage asset that also has environmental value for the people of the region.

This is once again relevant to my work as an MP, because I have been thoroughly briefed on the Navigable Waters Protection Act.

In recent years, I have had the opportunity to work on this issue together with elected municipal officials. We tried to find a compromise between the freedom to travel at high speeds in a boat, which is enjoyable in the summer, and preventing the erosion of the shoreline, while allowing other users of the river—for example, the Otterburn canoe and kayak club—to safely enjoy the river that belongs to everyone, in the eyes of this MP, everyone in the region and in the House. It is a community asset.

When working on this issue, I familiarized myself with the act. It is most certainly very complex. Contrary to the claims of the Minister of Transport, the act was designed not only to protect vessels and the navigation of our waters, but also all of the river's ecological systems. I hope that those in power, the country's government, realize that the government does not operate in a silo.

The various interests that affect these different files are very interconnected. That is exactly what we are seeing here. I think it is unfortunate and a bit dishonest for the Conservatives to say that, since this affects transport and navigation, it has no impact on the environment. After all, the reason this law was created in the first place was to ensure that we are able to derive economic benefit from our waterways without putting the ecology and heritage of the various rivers, lakes and other bodies of water at risk.

I find the situation in northern Quebec, for example, more problematic, since one riding covers 53% of Quebec's land mass. If we look at a map, there are many waterways and lakes. We do not even need to know the exact number. Yet, there is a problem with the numbers when it comes to the percentage of waterways in Quebec that will continue to be protected after this bill is passed. It does not add up. That is why we are legitimately and logically wondering why the numbers are so unbalanced.

I asked the question a number of times without getting an answer. An ecological system is just that: a system. It is a living system, like the human body. I am thinking of the Richelieu River in my riding. A number of other rivers contributed to the flood in my riding. There was the Rivière l'Acadie in Carignan, for example. These rivers are all connected. Although it is not in my riding, the St. Lawrence River is also nearby. Many rivers connect to it and we are wondering whether the Conservatives truly believe that an incident in one of these waterways will not affect the connecting rivers. It is a system. There is a domino effect that cannot be ignored. This is one of the major problems that I see.

I could say a lot more about all the pages of this bill, but I will stop there. In closing, I would like to seek the unanimous consent of the House to move the following motion with regard to the protection of waterways:

That, notwithstanding any Standing Order or usual practice of the House, Bill C-45, in clause 321, be amended by adding after line 13 on page 291 the following:

The addition of the navigable waters listed below is deemed to be in the public interest and the governor in council shall, by regulation, as soon as is reasonably practicable after the day on which this act receives royal assent, add those navigable waters to the schedule, including, with respect to lakes, their approximate location in latitude and longitude and, with respect to rivers and riverines, the approximate downstream and upstream points, as well as a description of each of those lakes, rivers and riverines, and where more than one lake, river or riverine exists with the same name indicated in the list below, the governor in council shall select one to be added, namely: Burbanks Lake, Mud Lake, Selwyn Lake, Horn Lake, Lac Nesbitt, Redout Lake, Staple Lake, South Nahanni River, Lac D'Aoust, Sled Lake, Lac Basile, Yellowknife River, Healey Lake, Sunny Lake and Loon Lake.

Mr. Speaker, I want to reiterate my opposition to Bill C-45 and thank you for your patience.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 6:30 p.m.


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Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, I am honoured to stand in support of Bill C-45, a bill that would strengthen Canada's opportunities at home and abroad.

We on this side of the House are very proud of what has been accomplished since the worldwide recession in which Canada has been a leader in both the G7 and G20 and will continue to do so for some time due to our strong economic environment and our robust natural resource sector. It is with this in mind that I would like the folks to know what seems to be missed by the opposition, that being all of the benefits that the bill would provide to Canadians.

The registered disability savings plan holds benefits for thousands of Canadians. For instance, there would be greater access to the RDSP savings for small withdrawals. It would also give greater flexibility for parents who have children with disabilities in that RESPs can be rolled into RDSPs if the plan shares a common beneficiary. This is a great move forward because each year, unfortunately, some parents must face great despair when a child is injured and faces years if not a lifetime of rehabilitation. This, in a small way, is to recognize that savings transferred from an RESP to an RDSP will be of benefit in the long term.

Amending the Income Tax Act to accommodate PRPPs is yet another great option that is now available for those companies that, under normal circumstances, could not offer a pension plan to their employees. So many small businesses across Canada will be able to offer pension benefits which, in my opinion, will work toward employee retention. When employees see that their employers are looking at ways to ensure their longevity at a company, it can only prove as a benefit for all involved.

I will switch now and speak to the Fisheries Act because the opposition seems to focus in on it.

Under the Fisheries Act, fines collected under section 40 would be directed to the environmental damages fund. This fund money would be used for proactive initiatives to advance protection of Canadian fisheries. I find it interesting that the opposition parties do not mention this very proactive move by our government to ensure that the environmental damages fund stays well-funded. They will always focus on the doom and gloom and how the destruction of our environment is inevitable, even when Canadians know that we have some of the strongest environmental standards in the world.

More evidence of this is found under section 136 of the Fisheries Act, which says that “No person shall”:

(c) damage or obstruct any fishway constructed or used to enable fish to pass over or around any obstruction;

(d) damage or obstruct any fishway, fish stop or diverter constructed or installed on the Minister’s request;

(e) stop or hinder fish from entering or passing through any fishway, or from surmounting any obstacle or leap;

(f) damage, remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s request; or

(g) fish in any manner within 23 m downstream from the lower entrance to any fishway, obstruction or leap.

Fish are not to be obstructed.

Our government recognizes the importance of fish spawning and the ability for fish to get to their natural spawning grounds. We also respect the inherent right of first nations for social or ceremonial purposes or for the purposes set out in a land claims agreement.

Following on with first nations, I am pleased that changes to the Indian Act would make it easier for first nations to have designated land on reserves. This is huge for first nations as it would allow for economic development in a more efficient manner. By making these amendments, it will allow first nations to work at the speed of business. Making decisions in a timely manner is what first nations want.

That brings me to the Navigable Waters Protection Act. Let us be perfectly clear that this is not about weakening environmental standards. This is about recognizing that not every waterway in Canada must be subject to rules regulating boats, vessels and ships. In my constituency, two major waterways will fall under this new act, as they should, the Columbia River and the Kootenay River. They are two of the most used river systems in western Canada, both for recreation and electrical generation.

Let me flesh this out a little more so Canadians understand what this is. The assessment factors include, first, the characteristics of the navigable waters in question; second, the safety of navigation; third, the current or anticipated navigation in the navigable waters; fourth, the impact of the work on navigation in the navigable waters, for example as a result of construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation or use; and fifth, the cumulative impact of the work on navigation in the navigable waters.

We have gone further. We also put in regulations with regard to depositing and dewatering to ensure that the safe travel of water vessels is paramount.

I have given an overview on some items found in Bill C-45. As one can see, our government continues to put the interests of Canadians first. We are the only party that recognizes the importance of protecting the environment, all the while ensuring that our natural resource sector moves forward to ensure that Canadians will be able to afford the services they have today and into the future.

I would like to invite anyone to ask any questions.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 6:25 p.m.


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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I listened carefully to the speech by my colleague, who was very eloquent, as usual.

Bill C-45 is ironically entitled the Jobs and Growth Act, 2012, but I do not see a single effective measure to create jobs or stimulate economic growth.

We know that the tax credits that were given to small businesses are short and long term and are insignificant.

Support for research and development was cut. Where is the national strategy to create jobs for the 1.4 million Canadians who are still looking for work?

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 6:10 p.m.


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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I rise in the House today once again to express my strong opposition to Bill C-45, the second omnibus budget bill that the Conservatives have introduced since the beginning of this Parliament.

I am deeply disappointed that, for the 31st time, the Conservatives have decided to silence a number of members. They will not have the opportunity that I have right now to speak out against this bill, which is going to have a major impact on their constituents. All the same, I am pleased to have a chance to defend the interests of the constituents of Portneuf—Jacques-Cartier who are opposed to Bill C-45.

The government claims that this bill does nothing but implement measures already set out in the budget that was adopted last March and that it contains no surprises. We all know that this statement is totally false and that it is simply an attempt to mislead Canadians. This massive bill, with its more than 400 pages, contains many measures that were never announced when the budget was tabled and places even more power in the hands of Conservative ministers, something that we all want to prevent.

Right from the start, the NDP has deplored the fact that Bill C-45 is another attempt by the Conservatives to undermine hundreds of pieces of legislation without consulting with anyone and without having to account to anyone. The Conservatives are once again doing exactly the same thing they did the last time they introduced a budget bill, when they ripped holes in the Fisheries Act without consulting with fishers’ communities, when they made huge cuts to the employment insurance system, as if it belonged to them, without consulting the businesses or the workers that contribute to it, and when they made cuts to old age security and to health care transfers to the provinces. It is unbelievable that the same thing is happening again here in the House.

Despite our opposition and the opposition of thousands of Canadians throughout the country, the Conservatives are refusing to listen to reason and are forcing us to swallow a bill that will drastically affect the quality of our environment and the quality of Canadians’ lives today and well into the future. Even worse, the Conservatives are trying to hide the truth from Canadians by rushing the bill through as quickly as possible, without allowing members to give serious consideration to all the impacts that Bill C-45 will have on Canadians.

In the speech I gave in the House on this subject a few weeks ago, I mainly talked about matters of procedure and the anti-democratic nature of this bill. Since then, unfortunately, nothing has changed. We have seen this since the beginning of their mandate: the Conservatives have absolutely no scruples when it comes to limiting their opponents’ speaking time and flouting the democratic principles that have been at the heart of our parliamentary system since Confederation.

Bill C-45 is no exception to these new rules that the Conservatives want to impose on Parliament. The NDP has repeatedly asked this government to split this massive bill, so we can examine it in detail in committee and propose the amendments that are needed to make this bill acceptable, but of course the Conservatives have refused. Yes, a few committees were assigned to examine certain aspects of this bill, but given how little time the government allowed them to do their job, they were unable to hold reasonable and reasoned debates, and the vast majority of the witnesses who were called to appear were chosen by the Conservative government. We can all agree, therefore, that this process was neither very serious nor objective.

Obviously, the committee review was simply an attempt by the government to create an appearance of transparency and to silence the opposition, and nothing more. However, when we do exactly what this government is hoping Canadians will not do, and analyze Bill C-45 carefully, we can clearly see that a genuine examination of the provisions of this bill and the actual amendments is called for, because too many of these measures may well have disastrous consequences for the environment and our country's economy.

I am thinking, for example, of the changes made to the Navigable Waters Protection Act, which will become the Navigation Protection Act. Already, we have a good idea of what this government wants to do with it: forget about the fish, the environment, the flora and fauna, and focus on boats and navigation. That is all that counts. Once it is passed, Bill C-45 will eliminate the idea of protecting waterways from the act, and will no longer automatically require an environmental assessment when infrastructure is constructed on virtually all of the waterways in Canada. Once more, this shows what contempt the Conservatives have for protecting our environment.

If Bill C-45 passes as is, only 3 oceans, 97 lakes and 62 rivers in all of Canada will be protected and over 90% of those are in Conservative ridings. That raises some questions.

We must also remember that the provinces and municipalities will now be forced to protect waterways in their jurisdiction, even though they do not have the resources to do so. Of course, the government did not allocate additional resources—logistical or financial—to help the municipalities and provinces carry out this new task, now that the federal government is downloading its responsibilities.

Such measures could be catastrophic for a riding like mine, Portneuf—Jacques-Cartier, which has 2,258 lakes, rivers and streams. There is Jacques-Cartier River, which some may recall is currently contaminated with TCE. This government still refuses to acknowledge the crown's responsibility in the matter. There is also Sainte-Anne River, which crosses my riding on the Portneuf side; and Lac Saint-Augustin, one of the most polluted lakes in Canada that now, thanks to this government, will be even less protected than it was to begin with. There is Lac Simon, near Saint-Raymond-de-Portneuf; Rivière Montmorency, a rather large river in the region; Rivière aux Pommes, which goes through Neuville and the riding of Portneuf; and there are many more. I could name 2,258.

All these waterways play a vital role in my region's economy, which depends on industries such as tourism and recreational fishing.

We often hear the Conservatives say they are strong advocates for hunters, for obvious reasons, appalling reasons that I will not bother to repeat here in the House. However, we never hear them speak out on behalf of fishers. Recreational fishers come to my riding of Portneuf—Jacques-Cartier to take advantage of our ZECs, controlled harvesting zones. These people help drive the economy in my region. They come to enjoy the beautiful landscapes and natural resources that Portneuf—Jacques-Cartier is famous for. With this bill, there is nothing left. Developers can build a dam or a bridge anywhere they like, to the detriment of all the industries that depend on these waterways, but too bad. The bill introduced by the Conservatives does not contain any measures to do anything at all, apart from the fact that the provinces and municipalities can seek their own recourse.

How can the government justify its decision to stop protecting lakes and rivers in my region and across Canada to my constituents and to all Canadians? It is absolutely inconceivable.

Bill C-45 poses another major problem. I am talking about the changes to support measures for businesses conducting scientific research and experimental development. Many of my colleagues have already talked about this issue. I am glad they did, because this is a crucial part of the budget that needs to be changed.

So, quite simply, they decide to eliminate these measures and they also get rid of eligible investment costs. What they are really doing is cutting $500 million from this program and increasing taxes for businesses. The Conservatives will never present it to us this way, but this is exactly what they are doing. They are creating an increase for the small and large businesses that drive the economy. This is hardly very consistent with their message that they are champions of the Canadian economy. It is obvious that they are not.

Technology, productivity and innovation are essential elements that allow our businesses to compete on the international marketplace, and to compete with emerging countries, which will be setting up good R&D programs for their businesses.

Our businesses will simply leave and it is the manufacturing sector, which is still very significant in the Portneuf—Jacques-Cartier area, that will be directly affected by this ill-considered decision.

I would like to end quickly by saying that unless the bill is amended to reflect the priorities of Canadians, I will have to oppose it. I am going to take advantage of the fact that I still have some speaking time left to seek the unanimous consent of the House to move the following motion.

That, notwithstanding any Standing Order or usual practice of the House, Bill C-45, in clause 321, be amended by adding after line 13 on page 291, the following:

(2.1) as the addition of the navigable waters listed is deemed to be in the public interest, the governor in council may make regulations adding these to the schedule, as soon as practicable after the day this act is assented to, by indicating, with regard to lakes, their approximate location by latitude and longitude and, with regard to rivers, their approximate upstream and downstream points, with the description of the water body and, in the event that more than one water body bears the same name as listed hereinafter, it selects the one to be added to the schedule:

The list includes Raymond Lake, Salt Lake, Reindeer Lake, St. Augustin Lake, Creek Lake, Rat Lake, Kasba Lake, Aurora Lake, Anderson River, Tadek Lake, Morell Lake, Larocque Lake, Campbell Lake, Newland Lake and Thomas Lake.