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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

December 3rd, 2012 / 5:25 p.m.

NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, we see one of Canada's greatest challenges is innovation. It is also good to look at what other countries are doing in the world.

The number one innovative economy is Switzerland. It has set up these things called Swiss competence centres for energy research. I know the member for Kitchener—Conestoga has the Waterloo Institute for Sustainable Energy at the University of Waterloo that looks into clean energy projects.

If we look down the partner list, it is true that private industry is there, but the federal government is nowhere to be seen in that partner list.

Switzerland knows the role of government can be as a facilitator between industry and academia in fostering innovation. Why does the Canadian government not see it the same way?

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:25 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, on this side of the House we believe business has a solution for many of these problems.

We cannot afford to have government involved in every little issue that business, families or communities represent. It is important that wherever we can we stay out of the way of business to allow them to solve their problems. By removing the red tape, like this budget would do, we will see a big expansion in those opportunities.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:25 p.m.

Conservative

Bernard Trottier Conservative Etobicoke—Lakeshore, ON

Mr. Speaker, today I am pleased to add my remarks to those of my colleague from Kitchener—Conestoga. I know he is doing an excellent job for the people in his riding. He represents them very well, and that is why he has been re-elected several times.

I would like to begin by giving some context for Bill C-45, because it requires an awareness of the economic situation in Canada and throughout the world. Despite worldwide economic upheaval, Canada has managed to create 820,000 new jobs since July 2009. This really is a huge success. The Government of Canada made decisions that ensure businesses will continue to hire employees. In addition, 90% of these jobs are permanent, full-time jobs and 75% of them are in the private sector.

Since 2008, the World Economic Forum has ranked Canada's banking system the healthiest in the world—that is five years in a row. Moreover, Canada has a triple-A credit rating, while other countries' ratings are being downgraded. This is a great success, because it reduces the cost of borrowing and keeps our interest payments down. This instills confidence and shows that Canada really is a good country in which to invest.

The 2012 economic action plan builds on these successes in several ways. First, it intensifies Canada’s pursuit of new and deeper international trade and investment relationships, including updating the government’s global commerce strategy.

Second, it implements the action plan on perimeter security and economic competitiveness and the action plan on regulatory co-operation, which will facilitate trade and investment flows with the United States, our most important trading partner.

Finally, it provides support to Canadian businesses through tariff and tax measures, along with extended domestic financing by Export Development Canada. In other words, we are trying to broaden and diversify our international trade.

For the great trading city of Toronto, my home town, international trade agreements negotiated from a position of strength enhance job opportunities, whether to manufacturing, the arts or financial services.

I will highlight some important elements of Bill C-45, which follow through on the promises of economic action plan 2012 introduced in March of this year.

One key element is the responsible development of our natural resources. We are not exactly a mining centre in Toronto in the sense of taking something out of the ground. However, there are many jobs in the city of Toronto created by the mining sector. Of the world's mining companies, 70% are based in Canada, and 50% of the world's mining exploration and development capital is raised on Canadian stock exchanges. There are roughly 800,000 people in Canada working directly in natural resources and another 800,000 indirectly supporting the mining, minerals and energy sectors. This affects Ontario manufacturing and capital markets.

I would add about 10% of employment in places like the oil sands is filled by first nations people. Over 5% of employment in the Canadian mining sector is filled by first nations people. These are important job opportunities for first nations people across the country.

It also supports small business via measures such as the hiring credit for small business, which is important in the riding of Etobicoke—Lakeshore. It allocates taxpayer money more efficiently, which means that our taxes can be reduced, whether income, corporate or consumption taxes, and it helps us return to a balanced budget in the medium term.

I will talk to the hiring credit for small business because it is so important for the business people in Etobicoke—Lakeshore, throughout Toronto and across the country. It is a successful measure that has benefited more than 534,000 employers in the last year. It reduces small business payments into the EI fund by about $205 million. Therefore, it is a significant measure and a shot in the arm for small businesses to hire people.

The measures in Bill C-45 protect us from global economic threats, such as the debt crisis in Europe and the fiscal cliff in the United States.

As for Europe, we are encouraged by the measures being taken by European leaders. Several European countries have taken the necessary austerity measures after years of excessive spending. We are also seeing the implementation of a legislative framework providing for a single supervisory mechanism for European banks with the support of the European Central Bank.

In the United States, we hope that the U.S. Congress will find a solution to the country's tax problems. The U.S. is still our biggest customer. It must absolutely purchase products from Canadian companies.

We hope the United States gets back on its feet financially and fiscally because it is very important to us.

Bill C-45 has one primary goal, and that is to create an economic environment that encourages investment and creates jobs. This means removing barriers to investment and growth, such as the useless, non value-added bureaucracy and red tape that we so often see in government. It also means keeping the government's finances in order by streamlining government spending so that eventually we can return to balanced budgets.

I mention that because it is important to highlight what we are not doing. We are not cutting transfers to provinces, unlike the previous Liberal government, where it balanced the budgets largely on the backs of the provinces by cutting transfers. In fact, we are increasing funding for the Canada health transfer, for example, raising it by $6 billion a year. We are looking at $29 billion this year and increasing it until it reaches $38 billion by 2017-18. I should mention that in Ontario, health care spending is only increasing by 3% a year, even though the transfer is increasing by 6% a year. Therefore, it appears the province of Ontario is pocketing the additional 3%.

The Canada social transfer will increase to $12 billion this year and the universal child care benefit will also increase to $13 billion this year. We are not cutting transfers.

I will mention one thing we are looking to do and that is to streamline public sector pensions. Contributors will pay 50% of the current service cost of the pension plan, which is fair to Canadian taxpayers because that is what those in the private sector are generally paying when it comes to their pension plans, whether it is a defined contribution pension plan or a defined benefit pension plan. For contributors who join the plan after January 1, 2013, the age of eligibility to receive a full pension will be raised from 60 to 65. Again, this aligns itself with what is out there in the real world and it ensures that these pension plans are sustainable for the long-term. We have taken similar measures on the MP pension plan, which had some imbalances that needed to be adjusted.

One of my colleagues mentioned R and D investments. That is very important for the city of Toronto, for the GTA, for the province of Ontario and across the country. A lot has been mentioned about the scientific research and experimental development, or SR&ED, tax incentive program. That is the single largest federal program when it comes to R and D. It provided about $3.6 billion in tax assistance in 2011.

However, we were recognizing in our government that spending in R and D that SR&ED was not the be all and end all. We needed to make improvements to our scientific research and development. Therefore, we chartered an expert panel, the Jenkins panel. It came with a series of recommendations. We have been following through on those recommendations in the budget and in the budget implementation act.

I want to highlight some of those changes. There has been some streamlining of SR&ED, removing some of the administration and complexity. In its place we are putting in some new measures. We are looking to expand the industrial research assistance program, or IRAP, by $200 million over two years. That is a very important measure that benefits a lot of innovative companies and it is not based on a tax credit; it is an actual injection of capital into their R and D efforts.

We are also enhancing some specific industry R and D programs with $470 million over four years to support innovation in automotive, aerospace, forestry and clean technology. It has been very important, looking at more direct investment, as opposed to just tax credits.

Another program I was very involved in, as part of my government operations committee, was when we reviewed the Canadian innovation commercialization program. It was a pilot program for two years, with $40 million over two years, that looked at helping companies get to their first level of production with new products. In budget 2012 and contained in Bill C-45, we are making that program permanent. It has been so successful. That will be a real shot in the arm.

The last thing I will mention when it comes to R and D is the creation of a venture capital fund for the BDC of about $400 million.

With all these measures in Bill C-45, I really encourage the opposition to join with us in voting this legislation forward. These are important measures for the Government of Canada and for the people of Canada. They will move us forward into the next several years.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:35 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I am very pleased to ask a question to my colleague, who speaks French very well. I am very happy to see someone from Etobicoke speak French so well. It is rather impressive, so I congratulate him for that. I think that is very important to mention.

I would like to talk about a recommendation made by the Toronto Board of Trade, of which the Etobicoke Chamber of Commerce is a member. In its 2012 Federal Pre-Budget Submission, the Toronto Board of Trade mentioned that it wanted to develop a national urban strategy.

In its submission for the prebudget consultations, it mentioned developing a national urban strategy that includes a national transportation strategy.

The organization made that demand in its pre-budget submission. Why did the government not implement this request by the Etobicoke Chamber of Commerce?

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:40 p.m.

Conservative

Bernard Trottier Conservative Etobicoke—Lakeshore, ON

Mr. Speaker, I thank my colleague for his question.

Every year, the Minister of Finance receives about 3,000 submissions and requests regarding the budget from people across the country. This demand was not included in the budget.

As for investment in infrastructure, in Bill C-45, the budget implementation bill, there are huge investments in infrastructure. It is not a strategy or document left on a desk somewhere; these are specific responses to Canadian cities to ensure that they have the infrastructure needed to support their economy.

Those are the measures included in the budget implementation bill.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:40 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate all of the comments that the member has put on the record. I would ask him to reflect on something that was said back in 1994 by the present Prime Minister. He stated:

We can agree with some of the measures but oppose others. How do we express our views and the views of our constituents when the matters are so diverse? Dividing the bill into several components would allow members to represent views of their constituents on each of the different components in the bill.

Today's Prime Minister was right, back then, in terms of the importance of keeping budget bills short, so that members would be afforded the opportunity to voice their views, give diligence and vote accordingly.

Does the member not believe that the budget bill would be a better bill if it were broken down into numerous other pieces of legislation, as has been the tradition in the past?

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:40 p.m.

Conservative

Bernard Trottier Conservative Etobicoke—Lakeshore, ON

Mr. Speaker, the member is asking about this legislation being broken up. Previous budgets and previous budget implementation bills going back to 2009 were more complex. The world economic crisis happened, so we had to respond to that.

What we have in the budget is a comprehensive set of measures that form a comprehensive whole. We cannot look at things in isolation when it comes to reducing taxes, increasing investment in other areas or streamlining regulation. All of these things have to fit together, and that is why this bill has been presented this way. This is a comprehensive and integrated plan for putting Canada's economy back on its feet in the face of some very challenging times around the world.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:40 p.m.

Conservative

Bob Zimmer Conservative Prince George—Peace River, BC

Mr. Speaker, the member briefly tied ridings like my riding of Prince George—Peace River in northeastern B.C. to downtown Toronto and mentioned how those capital markets influence the bottom line in my part of the country.

The member spoke briefly about how important responsible resource development is for places in Canada. It is obvious in places like mine, but could he perhaps tell us how important it is to downtown Toronto?

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:40 p.m.

Conservative

Bernard Trottier Conservative Etobicoke—Lakeshore, ON

Mr. Speaker, the Canadian economy is actually a wonderful thing. Think about it. The member for Prince George—Peace River is talking about jobs in his part of the country while Canadians working on Bay Street are putting together the legal, financial and technical expertise needed to make some of those projects come to fruition. People in Toronto work in the mining sector in the sense that they are raising capital. They get companies from around the world to list on the Toronto Stock Exchange to make those projects a reality. Canadians are world-beaters. Canadian mining companies based in Toronto are exploring around the world, making jobs happen for Canadians.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:40 p.m.

NDP

Pierre Dionne Labelle NDP Rivière-du-Nord, QC

Mr. Speaker, I would appreciate it if you would warn me one minute before the end of my speech.

What will history say about this government?

In the spring, the government already trashed numerous economic, social and environmental laws, by forcing the passage of Bill C-38, the budget bill, a 400-page brick we voted on for 26 hours. We presented a number of amazing amendments, but were unable to change so much as a comma. This government thinks it has the truth and the right line.

After the challenges resulting from Bill C-38 in the spring, we thought the government would make honourable amends, and this time it would allow for broader debate on the budget implementation bill. Unfortunately, that is not the case. They came back with the same kind of shenanigans: they introduced a bill that would significantly amend 62 statutes. This is again a 400-page bill that they want to have us pass as quickly as possible, and for which they have imposed a gag order. That is perhaps what this government will be remembered for the most in 10, 15 or 20 years. It will be the gag order government. Our colleagues across the way will have participated in this travesty of democracy for months.

We are talking here about a bill that amends 62 statutes. We have looked for the common thread among the statutes in the budget, but there is none. This is a way of forcing the machine to work, of putting us on the ropes, of cutting the work of Parliament down to size, and ultimately making a mockery of it.

If we look at the content, we quickly realize that the measures proposed by the Conservatives do not reflect the values of Canadians. Ironically, Bill C-45, called the Jobs and Growth Act, 2012, contains no effective measures to create jobs or to stimulate economic growth in Canada.

In fact, the Conservatives claim that the 2012 budget is going to create jobs, but the Parliamentary Budget Officer, the best friend of people in Canada who exercise critical thinking, claims, rather, that it will result in the loss of 43,000 jobs, which will have a domino effect and have an impact on 102,000 jobs in Canada. That is the overall effect of this budget implementation bill.

In the meantime, the unemployment rate is going up, and instead of making the rules more flexible to allow working people to receive support when they are unemployed, the rules are unfortunately being toughened.

I should point out that Bill C-45 is a threat because the changes it proposes in relation to the environment show disrespect for Canadians and their awareness of environmental issues.

At a time when the world is becoming more aware of the importance of sustainable development, or in other words, our capacity to meet our needs while allowing future generations to meet theirs, the Conservative government does not understand this logic and stubbornly insists on weakening environmental regulations.

After withdrawing Canada from the Kyoto protocol, making cuts to research programs at Environment Canada and Fisheries and Oceans Canada, and dismantling the round table on the environment and the economy, the Conservatives are continuing down the same path with Bill C-45, which once again weakens the Canadian Environmental Protection Act and guts the Navigable Waters Protection Act.

It is important to note Canada's place when it comes to environmental matters. Recently, Canada was ranked 57th of the 60 countries included in the Climate Change Performance Index. In order to find Canada, hon. members should start at the bottom of the list instead of the top. We have dropped quite far. On the international stage, many countries do not envy us when it comes to the environment.

The Conservatives will boast that they have eliminated two small fossil fuel subsidies in this budget and improved two tax credits for certain types of equipment for green energy production. Proportionately speaking, these two measures are minimal compared to the $1.3 billion in assistance that the Conservative government continues to give to the oil and gas industry each year.

Environmental protection seems to be a nuisance to the Conservatives. We have to wonder whether this is a Conservative government strategy to facilitate co-operation with big business.

We also see that power is becoming more and more concentrated in the Conservative cabinet. We saw it with the reform of the Immigration and Refugee Protection Act reform, and we are seeing it with environmental reforms. We had panels of independent experts. Now, assessments will basically be subject to the minister's approval.

Bill C-45 guts the Navigable Waters Protection Act. The consequences are imminent since thousands of lakes and rivers will no longer be protected. Of the 37 designated Canadian heritage rivers, only 10 will now be protected. I checked the list for the rivers in my area—Rivière du Diable, Rivière Rouge and Rivière du Nord—but none of them are mentioned.

I hope I am going to be able to include them in that list. And I wonder when we will have a chance to put new rivers and new lakes on the list. I would like to preserve the rivers in my riding in their purest possible natural state, because they are an essential part of the beauty of the region that brings tourists there. Beautiful rivers and beautiful lakes: that is what tourists come to see.

The Minister of Transport said the objective of the act was to reduce obstacles to navigation on navigable waterways and added that navigable waterways that do not appear in the new list will be protected by other federal legislation, by the provinces and by cities. Have funds been set aside for the provinces in connection with the role they will have to play, given the additional workload they will have? We are divesting ourselves of our obligation to protect rivers and lakes. In fact, that is a responsibility that is set out in the Canadian Constitution.

I am going to quote Tony Maas, director of the national freshwater program of the World Wildlife Fund. The government is trying to make a distinction between navigation and navigable waters, for legislation to facilitate navigation.

Picking navigation apart from the waters that enable it is very much artificial [and I would say “absurd”]. The two are part of a bigger whole. Their separation is as artificial as thinking you can protect a fish without protecting its habitat....

The government puts everything in little boxes, as if things were no longer connected to one another.

Because I had prepared to make a 20-minute speech, my time is nearly up. Before beginning this last part, I am going to request the unanimous consent of the House to move the following 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: “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”, and I would like the list to include the Rivière du Nord, the Rivière Rouge, the Rivière du Diable and the Rivière Pashby, all of which are rivers that run through my riding.

I request the unanimous consent of the House to move this motion.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:50 p.m.

The Acting Speaker Bruce Stanton

Does the hon. member for Rivière-du-Nord have the unanimous consent of the House to move the motion?

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:50 p.m.

Some hon. members

Agreed.

No.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:50 p.m.

The Acting Speaker Bruce Stanton

The member does not have the unanimous consent of the House to move the motion.

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:55 p.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

Mr. Speaker, I was intrigued by the member's comments regarding the Navigable Waters Protection Act and I want to cite one or two examples for him about the kind of problems that can arise.

For example, a fishway was proposed for Spencer Creek in Hamilton, a small waterway that goes through a residential area in Hamilton, and the application under the Navigable Waters Protection Act took over a year to approve due to a backlog of applications. That is just for a fishway in a residential neighbourhood.

Another example was an aerial cable built by the Renfrew Hydro Electric Commission, which required approval because it crossed over the Bonnechere River near Renfrew. That took over six months to approve.

I was very intrigued by the member's comments that somehow there is a constitutional right to such delays. I wonder if I understood him correctly. Does he think these are the kinds of things that we should be regulating in Canada?

Jobs and Growth Act, 2012Government Orders

December 3rd, 2012 / 5:55 p.m.

NDP

Pierre Dionne Labelle NDP Rivière-du-Nord, QC

Mr. Speaker, my colleague is twisting my words. The Navigable Waters Protection Act has been around for some time. It provides crucial protection to fragile marine habitats. We cannot let just anything happen.

You are playing with facts that you do not understand. Right now I am looking at how much the Fisheries Act has been modified and how much trawlers are decimating miles and miles of seabed. It will take hundreds of years to recreate favourable environments for species to reproduce.

You said that it takes time to conduct assessments. I am not saying that the process is perfect, but in this situation, you are throwing the baby out with the bathwater, along with the fly in the bathwater.