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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 is from 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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-45s:

C-45 (2023) Law An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act
C-45 (2017) Law Cannabis Act
C-45 (2014) Law Appropriation Act No. 4, 2014-15
C-45 (2010) Law Appropriation Act No. 3, 2010-2011

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

November 29th, 2012 / 5:15 p.m.

Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, respectfully, they just do not get it. The member talks about the countries that are facing problems bigger than those Canada is facing, yet he wants us to take the same approach.

The New Democrats have never seen a tax they did not like; they have never seen one they did not want to increase; and they have never seen one they did not want to add. In fact, just at our transport committee in the last week or two, the member for Trinity—Spadina proposed another 1% tax on everything to help out infrastructure. It just goes to show the New Democrats are thinking “tax, tax, tax”. We are the opposite; we lower taxes.

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 5:15 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is nice to hear that the member is somewhat sensitive to tax increases for Canadians. One of the most significant increases that Canadians are going to have to pay is regarding the decision by the Prime Minister to increase the number of members of Parliament, so we would have a substantial increase at a substantial cost of $30 million plus.

Does the member believe that his constituents would rather see more politicians inside the House or more services to his constituents? Which does he think his constituents would say is a higher priority?

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 5:15 p.m.

Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, the easy answer is that we can always say “fewer politicians”. This is not a bad thing, but Parliament decided on an increase in members of Parliament. It is not the first time. Years ago, the number of members in this House was closer to 200 and now it is over 300. That is the way it is.

As far as the issue of services to constituents goes, there are many different ways for anybody to look after his or her constituents. However, one thing that would not help my constituents, or anybody else's in this House, is a $21 billion carbon tax.

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 5:15 p.m.

Conservative

Chris Warkentin Conservative Peace River, AB

Mr. Speaker, one thing I can tell members is that, if we got 30 more members like the member for Bruce—Grey—Owen Sound, it would be good value for Canadians.

Would my hon. colleague from Bruce—Grey—Owen Sound fill in this House on what devastation would come to communities like mine? The hon. member had the opportunity to be in my riding, which plays an important role in the Canadian economy. We have a significant forestry sector and a significant amount of agriculture, as well as a significant number of people working in the oil and gas sector. Might the hon. member enlighten this House as to what impacts a $21 billion carbon tax would have on ridings like mine?

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 5:15 p.m.

Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I did have the pleasure of being in the riding of my colleague from Peace River this summer. I actually worked up there when I was 17 years old, and it was great to get back and see some of my relatives who are still there.

However, with the growth from when I was there in 1973, I saw the kind of spin-off and economic benefit that the oil sands and industry in general have on his riding. It is the driver there. Of course, there are other things like agriculture and forestry, but the riding would be devastated. That $21 billion tax would affect his riding as badly as, if not worse than, any other riding.

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 5:15 p.m.

Liberal

Denis Coderre Liberal Bourassa, QC

Mr. Speaker, let us take care of business. I have an advantage: I have been here nearly 16 years. I have seen things from both sides. I have got along pretty well. From here, I now have a better overall view. I have to admit that I find this sad, and even unacceptable. We have a bill with something like 516 clauses that deals with a number of bills. It is introduced in catch-all form, which ultimately means that the public, and we, their representatives, do not have a chance to really shed light on each bill. So there is something that is not working in our democracy. It is called an abuse of power.

I am certainly very sad to see the contribution by the NDP, who are jeering and trying to ditch the Conservatives. Some people have said 3,000 amendments was superficial. No, it is giving democracy a chance to express itself. We are the same people who recently spent the night together. We remember that. There were several hundred amendments that time. Why did we do it? To define this government. We call that consistency. If we want to give democracy a chance to express itself and if we want to show just how much this government is abusing power and just how antidemocratic it is, then we have to play the game to the very end. When we are at a finance committee meeting and we make all the motions and propose all the amendments possible, it is to define this government.

Unfortunately, the official opposition has painted itself into a corner. The New Democrats can call the government whatever they like, but they have created a dangerous precedent. Unfortunately, the New Democrats, working together with the Conservative Party, have created this precedent that a majority party will be able to do what it wants from now on. They could have stood up and spoken out for their fellow Canadians. This is not a matter of partisanship; it is a matter of how democracy works. Unfortunately, the NDP voted with the Conservative Party.

He is signalling to me there, my young colleague from Montmorency—Charlevoix—Haute-Côte-Nord, but those are the facts. They are going to have to explain that inconsistency, because in a democracy, procedure is essential. This bill is not just an omnibus bill, it is not just a mammoth bill, it is not just a catch-all bill; it is a way of defining parliamentary democracy.

That is what is important, and I have said it in both official languages because I am a proud Canadian and proud Quebecker and I can speak in both official languages.

Democracy is not about making it fast. Democracy is about giving us time as legislators to make sure that we can look through every article in every piece of legislation, because our role is to enhance the quality of life and protect those who are in need. It is also to make sure that we fight inequities, to make sure that people in rural Canada are also treated as first-class citizens. However, to do that we have to know procedure. Here, my colleague put forward 3,000 amendments, but did not do so for nothing. It was to define the current government. It was to make sure that we understand what Parliament and democracy are all about.

We have an official opposition that I do not understand. We spent nights together for God's sake and now that party has totally changed.

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 5:20 p.m.

An hon. member

They abandoned us.

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 5:20 p.m.

Liberal

Denis Coderre Liberal Bourassa, QC

They abandoned us, Mr. Speaker. Those members abandoned Canadians and that is bad because it has created a precedent they will have to live with. We have a saying in French, “Power is like booze; not everybody can handle it”.

We have an issue now because we have a majority government and the official opposition has clearly said that time can be limited. I do not care if I have to stay here on Christmas Eve, because my role is to protect Canadians. My role is to make sure that I am doing my job and I will do everything to make sure that I protect them. However, now the government is using this kind of procedure.

This is doing things in haste. When that is the case, mistakes are made. When mistakes are made, they get sent to the other chamber. The other chamber has to make amendments. And then, we have witnesses tell us we have enacted bad bills. After that, we can talk about questioning our country’s constitution. And then, we can say there will be legal proceedings.

Our role means that we should not be in a hurry. Someone once said that the way to get a flower to grow faster is not to pull on it. With this kind of bill, it is essential to take the time that is needed, particularly when we are talking about the environment, about regional development, about credits, about investment tax credits, about the very definition of navigation, and all that. We can agree.

There are parts of this bill with which we agree entirely, but as a whole, there are things that we do not like and must vote for or against while holding our noses. That is not how politics works. There have been omnibus bills in the past. I was a member of the government that produced bills like that, but they were not mammoth bills including everything but the kitchen sink.

There are some things that are incomprehensible. It is true that the Conservatives love to abuse power, but how can we be expected to vote quickly on a 414-page bill containing 516 clauses?

I thank the other chamber, which has done its job. One need only think of Bill C-10 on censorship, which contained approximately 600 pages, and a tiny clause was nevertheless located. Senators did their job and this created a situation where the role of our own culture and artists was being redefined.

Why has the NDP got into bed with the government? Why are the New Democrats being all holier than thou? Tartuffe said: “cover up that bosom which I cannot endure to look upon.” My colleagues are, unfortunately, being a little hypocritical. I have a lot of respect for my colleagues, but after a year, I imagine that they must be gaining some experience, and are starting to understand how things work around here. You cannot just say things like that.

I understand that there is a party line to be towed and that they are being told that they must not associate with the evil Liberals because they oppose them, but at some point, one must set partisanship aside. If they truly want to stand up for the interests of Canadians, procedure is also important.

The problem is that this bill does not just deal with financial matters. We also have a Prime Minister and a Minister of Finance who are at odds. The Minister of Finance claimed that it was important to balance the budget, and now, they are singing a different tune. Things are changing around the world. They are spinning their wheels and that is extremely worrisome.

When we operate like that, it casts doubt on our own identity as Canadians and the way we do things.What type of country do we want to live in? We cannot just pack up on December 14 because we are eager to get home for the holidays. We were elected for a reason, and it is called parliamentary responsibility. Every time we are unable to do our work, it leads to cynicism. It is all very well to get into heated arguments and to shout out "my father is stronger than your father". The members, including the official opposition, need to explain why they voted with the government. That is what worries me as a parliamentarian.

We can no longer get to the heart of the matter because there is a time limit, and it is impossible to solve the world's problems in 10 minutes. However, people need to understand that because the official opposition allowed a majority Conservative government to do whatever it wanted, that government will do so every year. Unfortunately, our government thinks that the best way to govern is to govern as little as possible. It says that more services and less red tape are needed. What this means is that in the minds of Conservatives, a government is not a catalyst.

I am a member of the Standing Committee on Transport, and they came to see us because we had some matters that had to be dealt with. According to them, we should let things go and see how they work, and whether they work, before investing. On the other hand, governments need to play a support role. Governments are there to create an environment that is conducive to investment and to protect those who are less well off. When things begin to move too quickly and compromise democracy, people turn less and less towards Parliament; that is what you get.

Yvon Deschamps said, “what is it good for?” And people will now ask, “what are members of Parliament good for?” We are not here simply to cut ribbons and get our pictures in the local newspaper. We are the keepers of this democracy. That is what the official opposition and the government have failed to do.

We have worked hard, and we will continue to do so to protect people's interests.

The House resumed from November 29 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 (with amendment) from the committee, and of the motions in Group No. 1.

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December 3rd, 2012 / 1:35 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I thank my hon. colleagues for their reception. I am pleased to rise on behalf of the people of my riding, Sherbrooke, to speak out against Bill C-45. This is especially true considering that I also voted against a time allocation motion. I am pleased to rise here to oppose the budget put forward by this government, which is incapable of managing public funds and our economy.

I would like to elaborate on several matters. Since the bill is 450 pages long, I could address any number of subjects, many of which were not even mentioned in the budget presented in March. So when the Conservatives say that everything in today's budget reflects what was in the budget document in March, that is completely false.

This is another massive omnibus bill that makes changes to many laws. Once again, the Conservatives are trying to rush their legislative measures through Parliament without giving Canadians and their MPs a chance to examine those measures carefully.

The Conservatives say that jobs are being created. However, with this budget, we are talking about a loss of 43,000 Canadian jobs, as pointed out by the Parliamentary Budget Officer, who analyzed the number of jobs that would be lost as a result of the Conservatives' measures. They are talking about job creation, but I have a hard time believing it, since they are eliminating 19,000 jobs in the public service. This is quite simply a job-cutting budget.

The government is also severely weakening environmental regulations—

Report StageJobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 1:40 p.m.

The Deputy Speaker

Order, please. There is way too much noise in the Chamber. If you want to carry on a private conversation, please exit the Chamber. If you are going to stay in the Chamber, keep the conversations to a very low voice.

The hon. member for Sherbrooke.

Report StageJobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 1:40 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, they may not like listening to me because I am telling the truth. I will continue my speech despite all of the noise in the House.

I was saying that this bill severely weakens environmental legislation. That was the case with Bill C-38, the first budget implementation bill. Today we are debating the second budget implementation bill, with which the Conservatives are unfortunately continuing to weaken environmental regulations, at the expense of future generations, who will have to live with the consequences of what they are doing.

The NDP thinks that Canadians deserve much better than what the Conservatives have put forward. We will therefore oppose the bill at third reading, just as we have opposed it at the other stages. We will continue to oppose it during the vote that will probably be held tomorrow, since the Conservatives are rushing us through things. We would have liked to have much more time to examine the bill. However, the vote will likely be held tomorrow. The Conservatives left us little time to examine these 450 pages, or, if we also include the budget, these 900 pages. We received the budget in March, and the two bills were then introduced. If we add them together, that makes 900 pages of bills, for a single budget. That is completely unacceptable. Furthermore, it is completely unacceptable that the government does not respect our institutions and is ramming through such massive documents.

As I said earlier, the Conservatives have laid off 19,000 government employees. In my opinion, this is contributing to poor public administration since services have been affected. It is possible to consider all the information available and make cuts in the right areas. Unfortunately, the Conservatives have decided to act blindly and make cuts to services. In Sherbrooke, many services have been cut. Positions have been cut at Service Canada and the Canada Revenue Agency office is no longer accessible to the public at all. No one can go there. The people of Sherbrooke have spoken out against these cuts.

We had hoped that the Conservatives would be more open-minded when we tried to move substantial amendments in committee. However, unfortunately, once again, they did not demonstrate any open-mindedness with regard to this bill. This is not the first time this has happened.

The Conservatives are also making clear cuts to scientific research and experimental development. The budget implementation bill makes changes to the tax credit program. These changes reduce the tax credit rate, particularly for big businesses, and eliminate eligible capital investments. The combined effect reduces government support for businesses that use the scientific research and experimental development program, just when Canadian businesses most need to promote innovation and productivity if they want to succeed in a very competitive global economy. This will particularly affect the manufacturing sector.

The NDP's vision involves making a place for innovation in the manufacturing sector so that it can remain competitive in relation to other emerging economic sectors that, unfortunately, have a workforce that is paid far less than ours. The government's role is to promote innovation in order to remain competitive in a globalized market, ensure the survival of our businesses, and keep our good jobs here in Canada. If the NDP were in office, things would be done much differently. We would use innovation to increase competitiveness and access other markets, thereby allowing us to keep our jobs. That is the NDP's vision.

Unfortunately, the Conservatives have done a terrible job of managing the Canadian economy. They have created the largest deficit in Canada's history. I am really surprised to hear them say that they are doing such a great job with the economy when they have created both the largest deficit and the largest trade deficit in Canadian history. Then the minister tells us that he is going to miss the deadline. That is further proof of bad management and bad public administration. I feel it is my duty to speak out against that here.

As I said at the beginning of my speech, there are other changes that affect environmental protection. It started with Bill C-38, three-quarters of which was about environmental protection, or rather, environmental deregulation. The Conservatives are chipping away at environmental protection. Bill C-45 is a continuation of the previous bill, particularly with its changes to the Navigable Waters Protection Act, which will now be called the navigation protection act. This small change will mean big changes. The bill is no longer about water. The word “water” has been removed from the title of the bill.

The government is discarding the concept of protecting water and is focusing solely on navigation, even though we know the two go hand in hand. It should go without saying that protecting navigation means protecting the environment that makes navigation possible. Unfortunately, the Conservatives added schedule 2 to the bill, a list of all of the lakes and rivers that will still be protected under the new act, which will be called the navigation protection act. Only about 180 of Canada's tens of thousands of lakes and rivers will be protected. Most of our lakes and rivers will not be protected under the new act, which will be passed soon.

This means that the Saint-François and Magog rivers, which are in my riding, will no longer be protected by this legislation. People in Sherbrooke have reacted negatively to these changes. People want to know what the long-term effects will be.

In the old days, projects that could affect navigation and water bodies required the minister's approval. From now on, projects such as pipelines will not require approval. Maybe the Conservatives are trying to make sure that major pipeline projects can go ahead with no environmental restrictions whatsoever. Pipelines will be laid under, over or even along rivers.

We could also talk about major energy and power line projects that pass over rivers. In Sherbrooke, people were worried about the negative repercussions that such projects could have on lakes and rivers and the potential dangers they could pose. If a pipeline is allowed to pass over a river, needless to say, a leak would have a negative impact on the environment.

Lastly, I would like to quote someone who talked about the bill and whose name might ring a bell with the Conservatives. Warren Everson, senior vice-president of policy at the Canadian Chamber of Commerce, had this to say: “The budget 2012 decision to cut a quarter of the SR and ED tax credit was, in our opinion, a step in the wrong direction.”

I talked about this earlier in my speech and I would like to emphasize the point: even the Canadian Chamber of Commerce opposes this decision. I therefore hope the Conservatives will come to their senses and support our proposals.

Unfortunately, I know that we are almost out of time, since the final vote will be held tomorrow. Perhaps the Senate will take a different approach and a more enlightened view in order to improve certain parts of the bill.

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December 3rd, 2012 / 1:50 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank my hon. colleague for his speech.

I have already introduced amendments to Bill C-45 to lessen the destructive changes being made to the Navigable Waters Protection Act.

Will the NDP member vote in favour of my amendments to protect all navigable waters in Canada, and not only those on the short list mentioned in Bill C-45?

Report StageJobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 1:50 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, consider the approach that we tried this morning.

This very morning, we tried to protect all the other lakes and rivers. My colleague, the environment critic, tried to add all the other lakes and rivers to Bill C-45, but did not succeed because the Conservatives were being very closed-minded about it.

Unfortunately, the Conservatives used procedure to reject the proposal. The NDP wanted to add these lakes and rivers. Unfortunately, the Conservatives refused.

If there are other options that will help protect them, we will focus on those and definitely vote for them.

Report StageJobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 1:50 p.m.

Bloc

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

Mr. Speaker, I listened carefully to the speech by my colleague from Sherbrooke, and I have a request for him. Could he talk more about the substantial amendments the Bloc Québécois presented with regard to Bill C-45?