Jobs and Growth Act, 2012

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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

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

Elsewhere

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

Votes

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

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 12:50 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I rise on a point of order. I would like to seek unanimous consent to move the following motion, and I know my colleagues will give that to me: That notwithstanding any Standing Order or usual practice of the House, clauses 308 to 314 related to changes to the Immigration and Refugee Protection Act be removed from Bill C-45, a second act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures and do compose Bill C-47; that Bill C-47 be entitled “An act to amend the Immigration and Refugee Protection Act”; that Bill C-47 be deemed read a first time and be printed and that the order for the second reading of the said bill provide for the referral to the Standing Committee on Citizenship and Immigration; that Bill C-45 retain the status on the order paper that it had prior to the adoption of this order; that Bill C-45 be reprinted, as amended, and that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We propose the motion to give the Standing Committee on Citizenship and Immigration an opportunity to ensure due diligence to examine and propose amendments.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 12:50 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Does the hon. member for Newton—North Delta have the unanimous consent of the House to propose this motion?

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 12:50 p.m.
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Some hon. members

Agreed.

No.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 12:50 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Resuming debate, the hon. member for Lethbridge.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 12:50 p.m.
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Conservative

Jim Hillyer Conservative Lethbridge, AB

Mr. Speaker, on March 29, the Minister of Finance presented the 2012 budget, Canada's economic action plan for jobs, growth and long-term prosperity. The budget was developed after extensive consultation with fellow MPs, department personnel, economists, business and community leaders and ordinary Canadians. It is not surprising that our Minister of Finance has been called the best finance minister in the world after the World Economic Forum rated Canada's performance as the best among G8 economies in the midst of a global crisis.

The overwhelming message I received from constituents throughout the year was, “Keep on keeping on. Your plan is working. Continue to keep taxes low, continue to reduce redundant red tape, continue to facilitate trade among the provinces and continue to open up new markets around the world”.

Albertans in particular support this disciplined and balanced approach to managing the country's economy. The vast majority of Canadians support our focus on substantial, responsible and necessary change, while taking advantage of global economic opportunities and ensuring sustainable social programs and sound public finances for future generations. However, the NDP does not support this.

As members may recall, shortly after the budget was announced, the NDP leader made headlines with his divisive comments of blaming Alberta's successful energy-based economy for the downsizing of the manufacturing-based economies in Quebec and Ontario. He also blamed the strong Canadian dollar, for which Alberta's booming economy is responsible, for the downturn in manufacturing. Prairie premiers and other western leaders were quick to reject his claims and he was even criticized by left-leaning eastern journalists who recognized his comments to be divisive and unsuitable for a national leader.

However, we have to hand it to the Leader of the Opposition, he does stick to his guns. Notwithstanding the public outcry, he has not backed down. In fact, he got bolder and even more bizarre. In a question period he went so far as to say:

—the Canadian dollar is being held artificially high, because they are failing to enforce environmental legislation....500,000 good-paying manufacturing jobs have been lost because we are not enforcing legislation. We are not enforcing the navigable waters act. We are not enforcing the migratory birds act. We are not enforcing the Fisheries Act.

Behold the NDP plan to revive the manufacturing sector: enforce the Migratory Birds Convention Act.

It is an unfortunate but acceptable consequence of environmental regulations that the economy should suffer. However, the NDP suggest that we impose environmental legislation, not to protect the environment, but to deliberately hurt the Alberta economy in particular and the Canadian economy in general.

Some people have said that it is disingenuous to suggest there are environmental restrictions which negatively impact the economy, while doing very little to actually protect the environment. This is not simply an accidental result of miscalculating the effects of well-intended policies. The Leader of the Opposition reveals that it is an intentional and integral part of the NDP environmental agenda.

The NDP wants to impose strict environmental restrictions upon the Alberta energy sector to significantly undermine its profitability and weaken the general economy. This would bring down the value of the Canadian dollar thereby making Canadian manufactured goods less expensive to foreign markets. Its bizarre economic philosophy suggests that we would all be better off if only the economy was not doing so well.

This line of thinking is not unique to its leader; it is typical NDP mentality. Nor is this philosophy and methodology new. When fighting against the implementation of the same socialist philosophy in the 1840s, Frédéric Bastiat pointed out that in order to gain power, “Ambitious hypocrites...planting the seeds of international discord in the mind of the public”. He stresses the importance of exposing the false assumptions upon which their economic theories are based. He says, “the public can be robbed only if it is first deceived...and we may be certain...every sophism is the precursor of an act of plunder”.

In other words, whenever we see a wonky argument for equalization that is superficially plausible but makes huge leaps and depends on false assumptions, hold on to our wallet.

Since our motive should be the welfare and prosperity of the country, no matter how politically incorrect they are, if the words of the NDP leader are right, we should swallow our pride and implement them. However, they are wrong and there are reasons much more important than scoring politically for pointing it out.

In politics, false assumptions are especially harmful because they mislead public opinion, and public opinion is the guiding force of public policy. If deception and false assumptions are the weapons of the plunderer, then the best shield for the public is correct understanding.

Pitting one region against another is not just politically incorrect, it also discourages inter-regional and inter-industry co-operation, harming national unity and stagnating economic growth for all regions in all industries.

The words of the leader of the official opposition are not just divisive. The belief that each region's gains depend on the losses of others not only destroys the economies of weaker regions but also eventually destroys the strong as well, just a parasite must perish after it has fully consumed its host.

The economy is not a zero sum game. If we are to prosper, it is important to understand that in a free market, it is the very nature of free economic exchanges that both parties gain and, in fact, that co-operation is more effective than competition. Supposing that a region cannot prosper in the absence of abundant natural resources without forced equalization weakens that region and stifles its creativity. The downturn in manufacturing was not caused by a strong dollar but was a natural correction in an artificially supported sector. The strong dollar is a reflection of a strong economy and a strong economy inspires confidence, encouraging outside investment and internal growth.

A lower loonie may increase demand for domestically manufactured goods, but increased demand would also increase their price for foreign markets and Canadians. Ironically, it would also lower the value of the dollar earned by people in the manufacturing sector. Also, the opposition's anti-oil, lower loonie plan would increase revenue for the oil companies too, since their prices are based on U.S. dollars. Therefore, we would end up shipping crude oil at a lower Canadian dollar price, only to have to import gasoline at high U.S. prices. Protectionists always seem to forget that the economy is not made up only of producers and sellers, but also includes consumers.

The economy of a country is not actually a race to the top where only one team can win. If we wanted to make sure that all of the runners crossed the finish line at the same time, it might make sense to place some artificial obstacles in the path of the fastest runners or to give slower runners a head start. A national economy is more like a team of mountain climbers working together to reach the summit. Would it make sense to put obstacles in the way of a climber with the best chance of getting to the top first if, from there, he could better assist those below? However, that is what the member for Outremont and his not-so-merry band of socialists want to do with respect to industry. They forget that the desired result is Canada's well-being, all of it.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1 p.m.
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NDP

Fin Donnelly NDP New Westminster—Coquitlam, BC

Mr. Speaker, I listened to my colleague's comments in which he also mentioned environmental legislation. I would like to ask him a question about that with regard to Bill C-45. This is a continued theme in the current bill, as it was in Bill C-38, where there were significant cuts to the Fisheries Act and the Canadian Environmental Assessment Act.

In Bill C-45, there are changes to the Navigable Waters Protection Act. In fact, the term “water” is dropped from the title of the act. In my riding, for instance, waterways, rivers, creeks and lakes, are held in high regard and people expect them to be managed properly. This requires protective measures, like the Navigable Waters Protection Act. In fact, my riding is nestled between the world-famous Fraser River, known for its history and salmon, and Burrard Inlet in Port Moody. There are many other important waterways I could talk about, like the Coquitlam River, the Burnett River and Comeau Creek.

Does the member honestly think that the Navigable Waters Protection Act is not assisting in the protection of our great country and, in fact, is—

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Order. I am sorry to cut the hon. member off, but there needs to be time for other members who may wish to pose questions.

The hon. member for Lethbridge.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1 p.m.
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Conservative

Jim Hillyer Conservative Lethbridge, AB

Mr. Speaker, my riding is in southern Alberta and is often plagued by drought, so we too love our waterways. The Navigable Waters Protection Act was designed to regulate navigation on navigable waters. The change in this bill brings it back to its original intent so that it will focus on navigation. It does not eliminate environmental controls or protections. Under the old Navigable Waters Protection Act, the ditches in a farmer's field, or the stream that runs through my town for instance, were controlled by the Navigable Waters Protection Act. This bill simply recognizes that these waterways are not major commercial navigation routes and do not need to be regulated by such an archaic act.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1 p.m.
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Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, as part of a debate, if a member can help explain a certain position, either one side or the other, it is of benefit.

The government has talked a great deal about the NDP proposal for a cap and trade system. We know that the Conservatives put forward a similar cap and trade proposal, placing a $65 per tonne fee on carbon.

Could the member take a couple of minutes to explain the difference between those two approaches? They seem very similar to me.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1 p.m.
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Conservative

Jim Hillyer Conservative Lethbridge, AB

Mr. Speaker, the main difference is that the NDP wants a carbon tax, what it is calling a cap and trade system, and the Conservatives do not.

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October 29th, 2012 / 1 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am so glad to have a chance to ask the hon. member for Lethbridge a question related to the constitutionality of what the government is doing. It is particularly fascinating to hear the Conservative benches railing on socialism while they embrace communism. I find it fascinating.

Meanwhile, I have a constitutional law textbook here that points out that the idea of what the Navigable Waters Protection Act was intended to do in 1882 is entirely irrelevant and fanciful. Professor Peter Hogg writes that it is well established “that the general language used to describe the classes of subjects is not frozen in the sense in which it would have been understood in 1867”.

However, the Conservatives' approach to Bill C-45, as with Bill C-38, is to slash back the evolution of our Constitution and to insist that if it were not in the minds of people in 1882, the idea that the Navigable Waters Protection Act should protect the environment more generally is somehow erroneous.

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October 29th, 2012 / 1:05 p.m.
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Conservative

Jim Hillyer Conservative Lethbridge, AB

Mr. Speaker, I do not quite understand the point or the question.

The member's quote basically clarifies our position, that the Navigable Waters Protection Act has nothing to do with environmental protections. This is not a move against environmental protection; it is a move against useless regulations that neither protect the environment nor help the economy. That is all it is.

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October 29th, 2012 / 1:05 p.m.
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Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

Mr. Speaker, it is with great honour that I rise on behalf of the constituents of Winnipeg South Centre to speak about the sound fiscal framework that our government has set out and continues to implement with economic action plan 2012. Our government is committed to ensuring prosperity for Canadians across the country both now and into the future. While economic action plan 2012 would create jobs and stimulate growth, it will also leave a foundation for long-term prosperity across Canada.

As a chartered accountant who values stable economic growth, this approach makes sense to me. As a mother who wants her children to grow up in a prosperous Canada, this approach means much to me.

Our government is focused on long-term financial security for Canadians. Economic action plan 2012 would deliver on this by providing new savings mechanisms while improving and strengthening the administration of existing programs.

I would like to take this opportunity to highlight what our government is doing to support families first, then financial industries and business.

With respect to families, following a review of the registered disability savings plans program in 2011, we have taken measures to improve its efficacy so that Canadians with disabilities and their families will also be able to save for the future. To this end, improvements to the disability tax credit would allow investment income to roll over from RESPs to RDSPs. It would maximize the savings potential of families where a member has a disability. All Canadians need to be sure that they and their loved ones are secure.

Consistent with our government's desire to help Canadians prepare for the future by creating savings mechanisms, we would amend the Income Tax Act to accommodate pooled registered pension plans. These plans would play a crucial role by giving Canadians without workplace pensions a plan to contribute to. This option would be particularly attractive to the self-employed and small businesses. Our changes to the Income Tax Act would allow Canadians to take full advantage of this low-cost highly accessible savings option.

Along with its provincial and territorial counterparts, the Department of Finance has just completed a triennial review of the Canada pension plan and has confirmed that the plan is sustainable for the next 75 years. This means that Canadians can be confident knowing that their public pension will be there for them without having to raise their contributions.

Economic action plan 2012 would make important changes that would boost the authority of the Pension Appeals Board, and the review and social security tribunals. Our government believes that a healthy CPP is a solid foundation for the retirement savings of Canadians.

Just as Canadians make retirement savings a priority, our government believes that members of Parliament should do the same. That is why it has introduced legislation that would make MP pensions more consistent with other pensions. These changes would include increasing the contribution percentage of MPs to 50% so that the costs are shared on a 50-50 basis and raising the without-penalty retirement age from 55 to 65. These changes would save hard-working Canadians $2.6 billion over the next five years.

As servants of the public, MP pensions should be consistent with that of other Canadians. Our government firmly believes this and the economic action plan delivers on that.

Our government is also committed to public sector accountability as it pertains to collective bargaining. At present, the Canada Revenue Agency has the authority to formulate its own collective bargaining mandates and enters into negotiations without approval of the Governor in Council, an exceptional circumstance given that the vast majority of separate agencies are required to do so under section 112 of the Public Service Labour Relations Act. It is our government's intention to ensure that the CRA is also governed by that section. Moreover, we would amend the Canada Revenue Agency Act to ensure that the CRA obtains its collective bargaining mandate from the President of the Treasury Board.

Our government is serious about proper oversight of collective bargaining as it relates to the public service.

The health of Canada's financial system is crucial. It is a crucial determinant of long-term prosperity. A sound financial system with firm regulation and supervision has allowed Canada to emerge from the 2008 global financial crisis as a leader among its G8 partners.

In order to maintain our international reputation as a leader in financial sector regulation, our government is continuing to be proactive about making changes so that Canadians can have continued confidence in their financial institutions, and we are on the right track. This Canadian economy has created over 820,000 net new jobs since July 2009. A healthy financial sector is central to our government's commitment to economic growth and long-term prosperity. The amendments I have outlined would help. However, the global economy remains fragile and we have to know that our major trading partners, the Canada-Europe trading connection and the Canada-U.S. trading connection, remain fragile.

I also have the pleasure of speaking about what we are doing for the business community because a hospitable business climate is a very important element for promoting economic growth and long-term prosperity. Our government is taking very seriously our responsibility to consult with businesses and stakeholders, and to see how government could assist them in growing and creating jobs for Canadians. As a chartered accountant, I know how important it is for our government to be responsive to the concerns of business.

We just celebrated Small Business Week in Canada and I will highlight what our government is doing to help small businesses. A 2010 report from the Canadian Federation of Independent Business suggested that red tape at all levels of government costs business about $30.5 billion extra every year. This burden is felt disproportionately by small business owners. The Canadian Institute of Chartered Accountants used the opportunity of Small Business Week to remind government that “[r]edundant and inefficient reporting and collection of information places a considerable burden on small businesses and other organizations”.

The CICA asked government to deliver on the goal of red tape reduction. Our government listened to the CICA and small businesses and is delivering on red tape reduction in economic action plan 2012. Our government believes that providing Canadians and businesses with the tools to grow and save is the best way to ensure future prosperity. Canadians want to be assured that their finances are secure, not just now but long into the future for the next generation of Canadians.

Our government is working very hard to support the economy with positive, pro-growth measures in economic action plan 2012. One example of this is the job-creating hiring credit for small business, which I am very proud to see in this document.

To create a prosperous Canada of tomorrow, our government is acting today. We are doing that by increasing the savings options available to Canadians, ensuring the health of our financial sector in order to maintain Canadians' confidence in it and creating an environment in which small businesses can and will thrive. We have demonstrated that with 820,000 net new jobs since July 2009.

I am grateful to have had the opportunity to highlight key aspects of economic action plan 2012 and what our government is doing to create jobs, ensure growth and provide long-term prosperity for Canadians.

It is very important for us to be able to create jobs now, not only to ensure and target economic growth, but also to ensure long-term prosperity for our generation and all future generations.

As a chartered accountant and as a mother, I am proud of our government's efforts to ensure long-term prosperity for all generations to come.

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October 29th, 2012 / 1:15 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I would like to pursue with my hon. friend the matter that I tried to pursue with the previous speech from the member from her caucus, which was to explain the constitutionality of basically the abandonment of navigation under the federal head of power in the Constitution. I hope it will not be unfair to my friend but I think she was present when we were discussing this.

Constitutional law, as I recited from Professor Peter Hogg who is the leading expert, requires that we look at the Constitution not based on what people designed things for in the 1860s but as they evolve. As Lord Sankey wrote in a decision of the high court in 1930, the BNA Act is like a tree planted in Canada that grows and evolves. That means that the meaning of “navigation” and “navigable waters” have changed since 1867. For generations, they have always included that we protect free-flowing rivers in Canada.

When the federal government, through Bill C-45, retreats from this, it would be illegal for any other level of government to step in to protect rights of navigation on waterways throughout Canada. How do we square this circle of unconstitutionality?

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October 29th, 2012 / 1:15 p.m.
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Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

Mr. Speaker, I want to thank the member opposite for that question, but I also want to advise her that my remarks in the House of Commons today focused on what the Government of Canada is doing for families, for the financial industry sector and for businesses. That was the focus of my remarks.

I might add that my government is succeeding with a contribution of 820,000 net new jobs since July 2009 because we focus on what we are talking about. We are talking about creating jobs. We are talking about creating growth and we are talking about prosperity, not just for us right now, because that is so comfortable, but for the generations that are going to follow us. That is focus and that is why it is succeeding.