Jobs and Growth Act, 2012

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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 3:45 p.m.


See context

NDP

Marie-Claude Morin NDP Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I could begin my speech by confidently making a statement about which I am now absolutely certain, to wit: parliamentary democracy is now a thing of the past in Canada's Parliament.

Omnibus bills, reflecting an almost obscene form of grandstanding, have become a habit in the House of Commons, like gag orders, I might add. That is why I am not all that happy about taking the floor in the House for a second time to speak about the second omnibus budget implementation bill, Bill C-45.

On the other hand, I am pleased to be able to stand up for my constituents, because I believe that it is important for them to be aware of the government's sabotage. It is sabotaging our social programs, our regions, our employment insurance, the quality of our food, our environment, and our international reputation. I could go on about its sabotage for the next 10 minutes of my speech. That is more or less what I will do, but in greater detail.

Just as Bill C-38 went beyond implementation of the 2012 budget by making many other previously unannounced changes, we find ourselves once again dealing with a bill that goes far beyond simply implementing a budget. Much too far. We said so in May when the Trojan horse bill was forced through, and we are saying it again today: this is not an acceptable way of doing things in this House, in a democratic system. I will always speak out in this House against such practices.

Bill C-45 is 450 pages long and contains clauses that concern a host of disparate measures. It amends more than 60 acts. Needless to say, the bill also assigns more power to ministers. This worrisome Conservative penchant for concentrating power is proceeding apace. Bill C-45 eliminates some commissions to allow ministers to make more decisions without consultation and without having to answer to anyone.

It is also important to speak out about the weakening of our environmental protection measures, and of our ability to ensure sustainable development for future generations. I am really concerned that they could not care less about the next generation.

Bill C-45 also destroys the Navigable Waterways Protection Act and takes the teeth out of the Canadian Environmental Protection Act. The Conservatives did not even allow the Standing Committee on Environment and Sustainable Development to study these changes, even though they will have a major impact on our environment.

The Minister of Transport likes to repeat ad nauseam that navigable waterways and the environment are two different things, but the fact is that there are fish in the water! They need protection because they are part of our ecosystem. And while it may be true that they are two different things, in the end, they go together.

Bill C-45 also proposes major changes to the Canada Grain Act. These changes, made without consulting anyone, will have a major impact on Canadian grain producers.

I will not discuss the proposed amendments to avoid any slips of the tongue, but will say instead that the government's amendments, drawn up without any consultations, make it more difficult for producers to challenge grain classification or weight decisions made by private grain producers. It is clear that this will be very harmful to the grain trade and small producers.

The Conservatives had assured us that Bill C-45 would hold no surprises. And yet, the 2012 budget did not say a thing about this. After reducing the powers of the Canadian Wheat Board and making budget cuts to AgriStability payments, the Conservatives have made it clear that they do not want to help farmers.

My riding is considered the larder of Quebec, and farming is everywhere.

Farmers in my riding are worried about the extent to which the government is ignoring and refusing to help them. And yet, they are the people who feed us all. Could they not be given at least a little recognition? That is the least the government could do for them.

Yet again, the Conservatives are trying to rush legislative measures through Parliament, keeping Canadians in the dark and not allowing them to learn more about them. In this bill, they go so far as to considerably reduce their own responsibilities. But governments have responsibilities. It seems to me that my colleagues across the way still do not know that. We have been working with this government for a year and a half, and I have yet to see them shoulder any responsibility for anything.

The government is also saying that the bill will create jobs. However, I have something to tell the House: according to the Parliamentary Budget Officer, the budget will lead to the loss of 43,000 jobs. Some job creation! We might return to the topic when some jobs have actually been created.

In reality, the budget would lead to a major hike in the unemployment rate, with fewer and fewer workers eligible for employment insurance. The main job creation measure in the bill is the introduction of a temporary hiring tax credit for small businesses. This is a measure we could support, because it is like motherhood. However, it only gives employers a maximum tax credit of $1,000 on their new employment insurance payments. That is not a lot. Even funnier, or even more ironic, the tax credit is available to employers for the 2012 tax year, even though 2012 has already ended. The 2012 year is ending now.

We just spoke about jobs. We might now talk about how poverty, homelessness and perhaps even housing. According to the Co-operative Housing Federation of Canada, 4 million Canadians, 750,000 of them children, are coping with pressing housing needs. By this we mean that their housing is too small, dirty and expensive, and that they cannot pay for it. Not only that, but between 150,000 and 300,000 Canadians currently live in the street.

Earlier, I spoke about the fact that the government must assume its responsibilities. The 2012 budget implementation bill does not contain any measures for housing or the fight against poverty. In my opinion, this is completely unacceptable. Yet, major institutions, such as the Wellesley Institute and the Canadian Federation of Municipalities have sounded the alarm several times. In the run up to the last budget, these organizations called on the federal government to invest money in housing. Obviously, nothing was done.

Housing is a crucial issue for families, people without families and seniors, a high-risk group. Seniors occupy one third of social housing units, and a third of them risked losing their housing as a result of the cutbacks the government has made over recent years. A lot of seniors and families are also at risk of losing their affordable housing because the long-term operating agreements between the federal government and housing co-operatives will not be renewed.

Once again, the government is not playing a leadership role. The NDP will focus its efforts on the real priorities of Canadian families: jobs, health care, pensions, environmental protection, the fight against poverty, agriculture, and the protection of workers. We have a plan to improve health care, to better reward those that create jobs, and to strengthen seniors' benefits. We also want to work in a transparent manner.

Unfortunately, the Conservatives are continuing to demonstrate that they are more interested in imposing their agenda than in being accountable to Canadians. Worse still, they have chosen to perpetuate an unsustainable situation. In our northern country, people are living in the streets and families must choose between paying their rent and feeding their children. The country is placing no importance on the environment and is jeopardizing the health of future generations with impunity. Canada is sabotaging assistance programs for people in need and is not at all concerned about the first nations.

It is high time that the government assume its responsibilities and play a leadership role in order to make our nation a land that welcomes people and a place where people want to live.

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 3:25 p.m.


See context

Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Mr. Speaker, I should point out a couple of things. To say that the NDP supported the government on Bill C-45 is not correct and the member knows that, obviously.

Also, with respect to what happened at committee, there were 1,800 amendments proposed by the member, which changed successive days in terms of coming into force, which the NDP, in my view, responsibly voted against because those are not substantive policy amendments. The member should be clear on that.

I would like to ask the member a question because he was praising Liberal budgets before with respect to 1997 and 2003. Could the member for Kings—Hants, a member who I have the greatest respect for, indicate how many Liberal Party budgets between 1997 and 2003 did he stand up and vote for in the House?

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 3:25 p.m.


See context

NDP

Hoang Mai NDP Brossard—La Prairie, QC

Mr. Speaker, I would like to thank the hon. member for his speech.

We agree with our colleagues that Bill C-45 is an omnibus bill. However, I would like to set the record straight. The Conservatives tabled in committee a motion to limit debate. In fact, the hon. member is well aware of that since he sits on the Standing Committee on Finance. So, we were allowed to debate until midnight, but afterwards we could no longer discuss the legislation or the amendments. We had to vote.

The hon. member and the Liberals proposed 3,000 amendments. Quite frankly—and my colleague must acknowledge this—these amendments were not all substantial. A number of them were even very superficial. Yet, even those minor amendments were rejected. Later on, the hon. member voted in favour of the clause in question.

He claims we are saying one thing and doing another. However, it should be noted that the Liberals voted 114 times in support of the Conservatives on a confidence vote, and they supported three budgets after rising in the House to voice their opposition.

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 3:15 p.m.


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Liberal

Scott Brison Liberal Kings—Hants, NS

—or a combination.

They opposed both measures in the bill as well as the amendments that would have delayed those measures in the bill. How incoherent could that be? Normally if we oppose a piece of legislation, then logically we would also support measures to delay that legislation. The New Democrats voted in favour of the Conservatives' time allocation motion at committee, but this week they have been rising on points of order to complain to the Speaker about the very time allocation motion they supported at the finance committee: go figure.

For the life of me I cannot understand why the NDP would ever join with the Conservatives in overruling the member for Edmonton—Leduc, a friend of mine, a great fellow and someone whose judgment is extremely good at committee. It is just a travesty.

In terms of Liberal amendments, Canadians have told us loud and clear that they oppose the Conservative omnibus budget bills. They want us to, as much as we can and within the rules, every legislative and parliamentary tool we have to fight this abuse of Parliament.

The Liberals listened. We introduced just over 3,000 amendments to Bill C-45 at the finance committee. These amendments would: stop the hidden Conservative tax grab on small businesses by expanding the hiring credit in Bill C-45; stop or delay the drastic cuts to SR and ED tax credits that support job creation in Canada and are key to Canada's international competitiveness; improve the definition of “aboriginal fisheries” to ensure that it includes the right to earn a moderate livelihood, as set out in the 1999 Supreme Court of Canada decision R. v. Marshall; delay the foreign affiliate dumping provisions that risk Canada's global reputation in finance and mining; and add almost 1,000 lakes to the list of protected waterways under the new Navigations Protections Act in Bill C-45.

I want to speak to the dangerous precedent we saw at finance committee. The time allocation motion that the Conservatives and the NDP both supported to limit debate on Bill C-45 at committee prevented me from properly moving my amendments there. When the Conservatives realized that their time allocation motion would have allowed us to move most of these amendments in the House during report stage, they did the unthinkable. Instead of amending the time allocation motion, they overruled the committee chair, the member for Edmonton—Leduc, and used their majority to interpret the time allocation motion as meaning the opposite of what the motion actually stated. Bizarrely, the Conservatives were joined by the NDP in overturning the chair and throwing out the rules. It is a dangerous precedent that was set at finance committee. Essentially, the Conservatives can now use their majority to challenge any chair in any committee, say that the rules are black instead of white and have their way without any debate whatsoever.

As a result of this dangerous precedent at the finance committee, all the motions I put on notice were retroactively deemed to have been moved without my consent. We protested this dangerous precedent by insisting on recording votes for most of the motions. However, the NDP again helped speed up the passage of Bill C-45 at committee by giving up one of their votes at committee and agreeing with the Conservatives to a schedule to pass Bill C-45 as quickly and easily as possible.

It is really quite shocking how complicit the NDP members have been in helping the Conservatives pass this budget bill. They say that they oppose both the measures in the omnibus budget bill and the abuse of Parliament implicit in the omnibus budget bill. However, at the end of the day, when it comes down to brass tacks they have been supporting the Conservatives legislatively, ensuring passage of this bill as quickly as possible.

There are some very good reasons to oppose the bill. There are many serious flaws. The so-called hiring credit for SMEs is so badly designed that it will actually punish certain small businesses that hire new workers or give existing workers a wage increase. It includes a hidden 7¢ EI premium hike for small businesses that qualify this year and up to a 14¢ EI premium hike for small businesses that qualified last year but do not qualify this year.

We have tried to fix these design flaws with amendments that the Canadian Federation of Independent Business actually supports. However, the Conservatives refuse to do the right thing, which was to listen and fix the bill.

In terms of the foreign affiliate dumping issue and provisions, we have heard from the Toronto Stock Exchange and the mining industry, PDAC, about how foreign affiliate dumping provisions will put Canada's finance and mining sectors at risk. It is important to consider that 80% of mining transactions or financing in the world over the last five years were transacted in Toronto.

Both on the finance side and on the actual development of mines, Canada is a global leader. There are measures in the bill that will compromise our capacity to create jobs in the mining sector both in Canada and for Canadians around the world.

These are some of the concerns, along with SR and ED. Canada's innovators, manufacturers and exporters are telling us that these changes to SR and ED are going to imperil Canada's innovation and research and development. The Conservatives are not listening and they are going ahead with these changes.

In conclusion, Bill C-45 includes measures to correct the mistakes that were in the spring omnibus budget legislation in Bill C-38. The Conservatives should have learned from ramming that through that they made some mistakes. They should have listened to Canadians, listened to opposition members, respected Parliament and not introduced another egregious omnibus bill such as Bill C-45.

Jobs and Growth Act, 2012Government Orders

November 29th, 2012 / 3:15 p.m.


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Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, I rise to speak to the Conservatives' latest omnibus budget legislation, Bill C-45, at report stage.

I will focus my remarks today on: one, how the New Democrats worked closely with and supported, helped, aided and abetted the Conservatives in their ramming of this omnibus bill through committee; two, a very dangerous precedent that was set at finance committee during the study of Bill C-45; and, three, some of the flaws in Bill C-45 that were identified by Canadians during the committee's study.

As members know, Bill C-45 is a mammoth bill. It is over 400 pages long and would amend over 60 different laws. It includes a large number of provisions that simply do not belong in a budget bill: rewriting the laws protecting Canada's waterways; redefining aboriginal fisheries, without even consulting first nations peoples; and eliminating the Hazardous Materials Information Review Commission. These are just a few examples of what is in Bill C-45 and examples of measures that would really have nothing to do with the fiscal situation of the country.

Canadians overwhelmingly disapprove of the Conservatives' use of omnibus budget bills to ram a large number of unrelated measures through Parliament without sufficient study or debate. A recent poll by Forum Research shows that 64% of Canadians oppose the Conservatives' omnibus legislative approach. Even a majority of Conservative supporters oppose the Conservatives' use, overuse and abuse of omnibus bills.

The Prime Minister once opposed the use of omnibus bills, but under his watch we have seen a clear trend toward the use of omnibus legislation. In fact, Bill C-13 in 2006 was 198 pages; Bill C-28 in 2007 was 378 pages; Bill C-10 in 2009 was 552 pages; Bill C-9 in 2010 was 904 pages; Bill C-13 in 2011 was 658 pages; and Bill C-38 earlier this year was 452 pages.

To put this in context, the largest Liberal budget bill was Bill C-28 in 2003, which was 144 pages in length, and it focused on fiscal measures, not on unrelated measures.

I will also speak about the NDP in this case. The NDP actually helped the Conservatives in passing Bill C-45 as quickly as possible through committee. The New Democrats say that they oppose Bill C-45 and they say that they oppose closure. However, their actions speak louder than their words. While they talk the talk, they do not walk the walk when it comes to actually standing up to the Conservatives and their abuse of Parliament. Instead of standing up to the Conservatives and providing any real opposition to Bill C-45, the New Democrats have actually been helping the Conservatives.

Here are a few examples. The New Democrats voted with the Conservatives to impose time allocation to limit the debate on Bill C-45 at committee. The New Democrats voted with the Conservatives to overrule the finance committee chair, the member for Edmonton—Leduc, a chair who is respected by all members of the House for his judgment. To have him rebuked by his own colleagues was bad and it was terrible to see the New Democrats gang up with the Conservatives against the member for Edmonton—Leduc. The New Democrats voted with the Conservatives to throw out the rules at committee and to shut down opposition to Bill C-45. The New Democrats then gave up one of their votes at finance committee and worked out a schedule with the Conservatives so the finance committee could get through Bill C-45 as quickly as possible. The New Democrats voted with the Conservatives almost 2,000 times at the finance committee to oppose measures that could have delayed certain parts of Bill C-45.

The House resumed consideration of Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Business of the HouseOral Questions

November 29th, 2012 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I will first wish my former Liberal counterpart, the hon. member for Westmount—Ville-Marie, well on his newest mission.

Yesterday was probably an auspicious day for the former astronaut to launch a Liberal leadership campaign. A member of my staff has told me that November 28 was Red Planet Day. While the member's ideas and proposals will no doubt be well suited for the red party, it is yet to be determined whether they will actually be better suited for Mars or for Earth. We will wait and see.

The hon. member for Papineau might want to be aware of the House leader bump. My first NDP counterpart after the election now resides in Stornoway. Meanwhile, I want to welcome and congratulate the new Liberal House leader, the hon. member for Beauséjour. I look forward to continuing the very positive relationship that I enjoyed working together with his predecessor. I genuinely and sincerely wish his predecessor the best of luck.

I am sure that the new House leader will be keen to hear that we will resume the report stage debate on Bill C-45, the jobs and growth act, 2012, this afternoon.

After almost 4,600 votes in the House and committee on our 2012 economic action plan, I am pleased to say that we are in the home stretch of implementing our budget for this year.

Canadians will soon see important measures such the hiring credit for small business extended, greater tax relief for investing in clean energy, and strengthened registered disability savings plan rules.

To the great chagrin of the New Democrats no doubt, Canadians will still not see within that budget a $21.5 billion job killing carbon tax or the $6 billion GST tax grab that I know they wish to see implemented. It does not matter how many hundreds of amendments they put forward, we simply will not accede to their tax and spend initiatives.

The House will consider Bill C-45 on Monday, Tuesday and Wednesday next week.

We will resume second reading debate on Bill S-9, the nuclear terrorism act, tomorrow. We will get back to second reading of Bill C-15, the strengthening military justice in the defence of Canada act, if we have time.

On Thursday and Friday next week, we will work through a number of bills before the House, including: Bill C-43, the faster removal of foreign criminals act, which was reported back from committee this morning; Bill C-37, the increasing offenders' accountability for victims act; Bill S-7, the combating terrorism act, should it be reported back from committee; and the other bills I have mentioned, if we have not had a chance to wrap up those debates.

Finally, for the benefit of the House and particularly committees meeting on the supplementary estimates, I am planning for the last supply day of this fall to be on Monday, December 10. I expect that I will get back to the House next week at some point to designate that date formally.

Business of the HouseOral Questions

November 29th, 2012 / 3 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I know you look forward to this with some expectations.

I am honoured to rise on behalf of the official opposition to ask the government what it has planned for the House for the rest of this week and for next week.

Mr. Speaker, yesterday, the government House leader appealed to you to reject the idea of allowing separate votes on separate questions facing this House. He did so on the grounds that the amendments would not be accepted by the government anyway. What is the point of us trying to fix bad Conservative bills? According to the Conservative government, reviewing and amending bills is some sort of annoyance that it wants to do away with entirely.

However, the truth is that the government has had a terrible record of getting its own legislation right. It is a bit like trying to unpack a Russian Matryoshka nesting doll. Let us review.

Bill C-4 was panned by so many critics that we lost count. It was left to die on the order paper by the Conservatives.

Bill C-10, the omnibus crime bill, was panned by the opposition. We tried to amend it but the Conservatives rejected the amendments. They then tried to make those very same changes later on, which you, Mr. Speaker, had to reject. The changes finally got made in the unelected and unaccountable Senate down the way.

Bill C-30, the Internet snooping bill, was so bad that, once explained by the Minister of Public Safety to Canadians, the Conservatives refused to even acknowledge that it was ever in existence. That was some bit of political spin, “You're either with us or you're with the other folks”.

Bill C-31 was panned by the opposition and others. The Conservatives had to amend it at the committee themselves.

Bill C-45, the monster budget bill and the second omnibus bill, actually includes many provisions to fix the first monster omnibus bill in the spring.

This would all be funny if it were not so serious and would have such an impact on the lives of Canadians.

Lastly, I want to say how disappointing it is that the government chose to be partisan instead of saving lives in the developing world, when it voted against Bill C-388 yesterday. This bill would have made it easier for Canada to send generic medications to those who need them most. What an unacceptable decision on the part of the Conservative government.

What does the undemocratic leaning Conservative government have in store for Canadians next?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1:50 p.m.


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Conservative

Corneliu Chisu Conservative Pickering—Scarborough East, ON

Mr. Speaker, I appreciate the opportunity to speak in the House today on behalf of my constituents of Pickering--Scarborough East in supporting Bill C-45, the second budget implementation bill, and against the NDP and Liberal opposition attempts to delay and defeat it.

I fully support the legislation, which, logically, would provide the means and tools to continue to build Canada's future economic strength for many years to come. As a professional engineer, I appreciate the logic and systematic nature of our progressive efforts in Bill C-45 to maintain our country as the best place in the world to live, raise a family and do business.

As members may know, Bill C-45 includes vital implementation measures outlined in jobs, growth and long-term prosperity in Canada's economic action plan 2012 which is focused on jobs, growth and long-term prosperity for our nation. It would help continue to set the stage for the next wave of job creation and economic growth and position Canada for a secure and prosperous future.

Bill C-45 contains a series of clarifications and measures to amend several acts and bring technical changes in order to streamline the application of provisions previously passed in economic action plan 2012. In fact, it reflects a logical continuation of responsible and prudent fiscal management.

I would note the baseline matters that are extremely important to my constituents in Pickering--Scarborough East. These are to maintain a low unemployment rate, the creation of new jobs with a high technological content and the logical expectation that the government is creating the proper environment for this purpose.

My riding is quite unique in that it contains the Pickering nuclear power plant, which is in the proximity of Canada's largest urban area and employs many engineers and technologists. My riding also houses the University of Toronto Scarborough Campus and Centennial College, institutions that produce many youth close to entering the job market. In addition, my riding has many small and medium size businesses.

The global economy is changing. Competition for the brightest minds is intensifying. The pace of technological change is creating new opportunities while making older business practices obsolete. Canada's long-term economic competitiveness in this emerging knowledge economy demands globally competitive businesses that innovate and create high-quality jobs.

I will take this opportunity to underline and specify to the House that engineering, my profession, is a practical vocation that makes things happen and is not hiding behind words and commas. Its practitioners are optimists who seek solutions and are confident that solutions can be found in an economical and ethical way.

Engineers do not just work on physical implementation of industrial projects. Some also use their practical knowledge to help governments understand choices and the most effective means to get things done. They are also realists who abhor abstraction and rigorous planners with a strong sense of discipline. Engineers also help to inform public opinion by illuminating what can be done and bringing to life the sense of what is possible, a hugely important motivator for all of us. They are looking for solutions and not sensations.

Indeed, it strikes me that the more complex the challenges facing the world become, the more pivotal engineering is to the search for solutions. I am talking especially about energy, where Canada has immense resources and the contribution of engineering is crucial to their responsible development. I invite my colleagues from the opposition to collaborate in its rational utilization for the benefit of our nation and mankind rather than demonizing it.

The future is never guaranteed but rational and positive resource exploitation today ensures an independent and economically stable tomorrow. It is, therefore, imperative for all of us to act today and not tomorrow.

Churchill put it in characteristically stark terms in June 1940 as he contemplated what, at the time, seemed a catastrophic future for mankind. If Britain failed to halt Hitler. He said, “the whole world...will sink into the abyss of a new Dark Age made more sinister, and perhaps more protracted, by the lights of perverted science”.

Science in the service of evil could enslave mankind, but what of applied science in the service of the good, in the cause of averting catastrophe?

It is to this end that our government is investing in the science and engineering of the good, and creating a fertile environment for small and medium size businesses to develop. These policies will help to maintain Canada's position among the leading industrialized countries of the world.

However, despite strong policy fundamentals to support innovation in Canada, Canadian businesses do not take full advantage. Canada continues to lag behind peer countries in terms of overall innovation performance, including private sector investment in research and development, and the commercialization of research into products and processes that create high-value jobs and economic growth.

This is why our government is committed to a new approach for supporting innovation in Canada by pursuing active business-led initiatives that focus resources on better meeting private sector needs and Bill C-45 leads in that direction.

Bill C-45 focuses on continuing to implement a strong economy and create jobs as outlined in the economic action plan 2012 in order to secure jobs, growth and long-term prosperity for Canada.

Our government's focus continues to be on practical matters with real commercial potential meant to create jobs and prosperity for Canadians. It does not stop there, however. It also invests in people, the most precious resource, by creating the right environment and opportunities to be creative.

I would mention some areas where the bill brings improvements and clarifications: responsible resource development ensures that major resource projects are not bogged down by the regulatory system and that one project receives only one review in a clearly defined timeframe; the hiring credit for small businesses extends the credit of up to $1,000 for one year to encourage additional hiring, and lowers total business payroll taxes by $205 million, which benefited nearly 534,000 employers last year; for helping youth gain skills and experience, $50 million to the youth employment strategy; and for connecting Canadians with available jobs, $21 million to improve job and labour market information for Canadians looking for work.

As I said before, Bill C-45 is very important for the advancement of the Canadian economy, and our Conservative government's top focus is just that, creating jobs, promoting economic growth and ensuring long-term prosperity. We know what matters to Canadians and their families, and we are getting results for them on that front with nearly 820,000 net new jobs created since July 2009, 90% full-time and over 80% in the private sector.

We all know that Canada is not immune to these global challenges and we need to be on guard. That is why we are working hard to implement economic action plan 2012 and Bill C-45 would do just that. That is why we, along with many Canadians, are so disappointed in the NDP and the Liberals for refusing to put Canadians ahead of their own partisan agenda by delaying these important measures to help Canada's economy to keep its good momentum.

The measures I have highlighted today are significant examples of this government's commitment to a strong economy and responsible management in the name of all Canadians. It represents the continuation and implementation of our longer term view of how we can become more efficient and more prudent with taxpayers' heard-earned money.

As our Conservative government has said all along, the global economic recovery remains fragile. That makes responsible management to return to balanced budgets even more important, and that is the laser focus of Canada's economic action plan 2012 and Bill C-45 provides the means for its implementation.

It is the steps we take today that will give us the ability to withstand the complex global challenges of today and tomorrow. That is why our Conservative government's main focus has been and will remain the economy, including implementing Canada's economic action plan 2012, and why I do not support the NDP and opposition attempts to delay and defeat Bill C-45.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1:45 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the member's comments, but, as I have raised before, Bill C-45 is the second budget bill that has been brought forward that contains an amazing amount of changes that would impact other legislation. Canadians need to be very much aware of just how unprecedented this legislation is. It is an attempt by the government, through the back door of a mandatory budget vote, to pass dozens and dozens of pieces of legislation that should have been stand alone. Had they been stand alone, there would have been ample opportunity for opposition parties to be diligent in posing questions and trying to get a better understanding of all that was being captured.

That did not happen and we now have Bill C-45 before us. The other night the NDP worked with the Conservative Party to limit debate on the budget bill. Why did the NDP move to limit debate and not allow the Liberal Party, at the very least, the opportunity to continue to ask questions about this very important bill that we should not even pass?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1:40 p.m.


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NDP

Hoang Mai NDP Brossard—La Prairie, QC

Mr. Speaker, I would like to point out that I was not referring specifically to what an individual did, but rather about things that were being said in general. It was not an attack on a specific member. I do not, therefore, withdraw what I said—it is entirely true.

If my colleagues opposite were more aware and listened, they would know that there is a difference between a carbon market and a carbon tax.

When I ran in the 2008 election, the Liberals proposed a carbon tax, the Conservatives proposed a carbon market, as did the NDP. The difference with, and the advantage of, a carbon market is that it paves the way for the future. It is important to understand that there is a polluter-pay principle that must be taken into consideration.

Nevertheless, it is also important to think about investing in the future, in what is called “the green economy” and in technologies that, later, will ensure that we are less reliant on fossil fuels, such as oil. It is important to think about the future which, quite clearly, is not this Conservative government's intention, nor that of its members.

There is really a lack of vision, and there is a stark difference between what the Conservatives are saying, what we are saying, and even what the Liberals said about their carbon tax, which truly was a tax on carbon.

I would encourage my friends to think carefully about this and to get the information they need. If the issue is too complicated for them, we can explain it in point form and use illustrations. Then they might see the difference. However, they really need to understand these differences from the point of view of people who are interested in standing up for Canadians' interests rather than simply repeating and rehashing idiocies.

Once again, I would like to come back to Bill C-45 because it is important. The Conservatives have made changes and have chipped away at environmental protection provisions. The deputy environment critic has spoken about how the bill will directly affect lakes and navigable waters.

In fact, this bill is called “omnibus bill No. 2”. The government waged war on anything to do with environmental assessment in the first bill. Now that the Conservatives have realized that certain aspects of the environment are still protected, it has turned its attention to lakes and rivers. The Minister of Transport says that the legislation never protected lakes and rivers.

However, we know what we see, and our rivers and lakes must be protected. I come from Quebec and, in my opinion, there is nothing more important than water, and this holds true for Canada, too. It is crucial.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1:30 p.m.


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NDP

Hoang Mai NDP Brossard—La Prairie, QC

Mr. Speaker, I am pleased to rise today to speak to Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures. I already had the opportunity to speak to the bill in the House, and we are still talking about it after examining it in the Standing Committee on Finance. The process has been very long. We embarked upon a marathon of votes. Indeed, we voted on amendments for several days in a row.

I do not know whether I should thank my Liberal colleagues for having introduced 3,000 amendments. I understand what they were trying to do—they were trying to talk about the issue at hand—but I am not sure about their approach. We have proposed amendments that are fair, well written, and that are intended to improve the bill.

Basically, this bill is a step backwards when it comes to the environment. My colleagues have said this several times during question period and in the House, in general. A number of measures are very damaging to the environment. I will come back to that.

One thing that I would like to discuss is the fact that the government often boasts that the bill will create jobs. Let us not forget that based on the initial budget and figures from the Department of Finance and the Minister of Finance, we know that the unemployment rate has gone up. If the goal was to make the unemployment rate go up, then I congratulate the Conservatives, because their efforts are paying off.

Several thousands of jobs are being lost as a result of this government's cuts. The Parliamentary Budget Officer estimates that approximately 43,000 jobs will be lost. If this is lumped together with previous cuts, approximately 102,000 jobs will have been lost.

When it comes to job losses, it is important to understand what is happening from an economic standpoint and, especially, in terms of services provided to Canadians. The Minister of Finance said from the outset that there would be no problem, and that services would in no way be affected, that Canadians would not see much of a change because services would not be affected.

In my opinion, it is already clear that services are being affected. In my riding of Brossard—La Prairie, the government closed a Canada Revenue Agency office, which means that persons with reduced mobility, who can normally apply for a disability tax credit, can no longer get information. It is becoming increasingly difficult for people who do not have access to the Internet or who have a hard time understanding what they see on the Internet. Forget about service by phone. It is extremely long and complicated. Once again, services are obviously being lost. This is just one example, but there are many others.

Another thing stood out to me in particular. Two weeks ago, I met with some people when I visited Whitehorse, Yukon.

They were really angry because the government decided to shut down the Canada Revenue Agency office in Whitehorse. That meant people had to drive 1,000 kilometres to the next CRA office. Basically, that means less services for people in Yukon and more cost to them, if they have to drive so far. Also, if they have questions to ask CRA officials, they may now have to go through a private consultant, someone they have to pay, and there will be increased fees in terms of postage.

Again, cutting off services to Canadians and increasing fees that are transferred to them is not the way to go when we talk about a budget, especially in the circumstances where we are right now with Europe being very slow and with the U.S. hopefully not going over a fiscal cliff at the end of this year or the beginning of next year. Things are not certain and what the government is doing is cutting services to Canadians and laying people off.

I want to come back to a subject that is very important to me: the environment. My colleagues often say that the NDP wants to implement a carbon tax. They refer to our plan and I know that they know they are not telling the truth.

I must admit that I am very disappointed to see adult elected officials straight out lying and spreading misinformation. It is sad to see that in the House. They try to be very nice with the Prime Minister; he gives them lines to repeat and they must listen to him.

I find it disappointing to see elected officials rising to read lies. I find it even more disappointing that they even go to the Standing Committee on Finance, where we are supposed to have intelligent discussions and talk about real issues, and they come out with such ridiculous statements.

I know that the members opposite know what a lie is. If they were listening, they would know that there is a difference between—

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1:15 p.m.


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NDP

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

Mr. Speaker, first of all I would like to correct what my friend just said, which is that it is an unprecedented measure. The precedent was Bill C-38 which also established a multitude of statutes. There were amendments to more than 70 pieces of legislation. Bill C-45 is the second bill of this kind. There was therefore a precedent.

In response to my colleague's question, we discussed various things in subcommittee. Amendments to the dates were proposed and there was a vote on referring various parts of the bill to different committees. This was all done in good faith and we could all see that the government was not being responsible and not acting in good faith when it proposed that committees should study the relevant items. For example, the Standing Committee on the Environment did not adequately study the Navigable Waters Protection Act. That is why the bill or parts thereof were referred to the committees. That is what we voted on.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1:15 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member knows that Bill C-45 is an unprecedented bill that attempts to change a wide variety of legislation that would have very profound impacts. In fact, historically, it is precedent setting that the government has tried to put so much in a budget bill. When it went to committee, the NDP voted with the government to limit debate on the bill. That would have been a wonderful opportunity to go though it clause-by-clause and ask questions of the government on a wide variety of issues.

Why did the NDP vote to limit the committee debate on the bill?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1 p.m.


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NDP

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

Mr. Speaker, I would like to say that I am pleased to rise in this House, but of course, like for many of my colleagues on this side of the House, it is not altogether a pleasure to do so. What detracts from it is the fact that we feel that Bill C-45, the second budget implementation bill, is headed in the wrong direction.

The government's approach and that of the official opposition, the NDP, are undeniably completely different. The main difference is that the approach taken by the Conservatives ensures that Canada's economy will not achieve its potential and that economic uncertainty will continue, whereas our approach would maximize and optimize our current resources.

Let us look at what the government has done since coming to power. One of its first decisions was to take two percentage points off the GST. A one-point decrease means $5 billion less in government coffers. It then continued to cut the corporate tax rate. Indeed, the government lowered it from 19% in 2009 to 15%, where it stands at the moment. Every percentage point costs the Canadian treasury about $2 billion. The two measures combined represent an average of $7 billion in foregone revenue per year.

We must remember that when the Conservative government came to power in 2006, it inherited a budget surplus. Even before the recession, that surplus had been wiped out and, of course, things got worse with the measures in the economic action plan, an economic stimulus plan. From a $13 billion surplus, we immediately plunged into a deficit. And we are still there. We must remember that despite the Conservatives' reputation for being good managers of public affairs—a reputation I have never understood—if we disregard the year and a half after they came to power, when they rapidly made the surplus disappear, the last balanced budget under a Conservative government in Canada occurred back in 1912, under Robert Borden.

Bill C-45 truly reflects the Conservative ideology at its worst. The Conservative ideology denies that the federal government can play a constructive role in the development of our society. The Conservative government will not hesitate to say no to a federal investment of one dollar, even if that federal investment could result in economic growth equivalent to $10 where it is invested. Similarly, this government will not hesitate to make an economic cut of one dollar, even though it may cause $10 in losses.

I know this. I see it in my riding. I see it in my region, where the government has imposed huge cuts on institutions like the Maurice Lamontagne Institute and on investments through Canada Economic Development. This has major repercussions. Rimouski is Quebec's centre of marine technology. It has taken 30 years of hard work to find this region a specific niche. Rimouski is one of the three leading centres of ocean science, along with Halifax and Vancouver. This government is making it hard for the region with these cuts, which not only make no sense scientifically, but will weaken the region's economic potential.

This government rejects the very concept of one day attaining a balanced budget. I base that on a statement made by the Minister of State for Small Business and Tourism on May 2, in reply to a question from one of his Conservative colleagues. He said that the government was going to continue cutting taxes after it has balanced the budget.

The government's objective is not good governance, public governance, or managing public funds for the common good; its ideological position is to diminish the size of the state—the government—and diminish the good the government can do for the general public.

The government's economic policies are also haphazard. It is putting all its eggs in one basket: natural resources. Does anyone know where the government wants to take Canada, economically, in 15, 20 or 25 years? What are the niches in which Canada can excel? We have no idea. At present, the government is relying solely on the free market, which prevents forecasting or envisioning the long-term economy.

Here is one example: we are now in the 21st century and we are operating with 20th century infrastructure. The Conservative government has not taken any steps to endow Canada with proper 21st century infrastructure.

Emerging nations are doing it. Canada is just standing by and waiting until it is no longer competitive on the world market. Bill C-45 and the 2012 budget are indicative of this lack of vision.

Other people will speak sooner or later during the report stage about some of Bill C-45's major problems, particularly the best-known one, the repeal of the Navigable Waters Protection Act.

I would like to point out two elements that clearly demonstrate this lack of vision. The government is very fond of appearances, but in the end, it will not produce results. These two examples concern scientific research and experimental development, and also the hiring tax credit for small business, which the hon. member mentioned earlier.

The NDP is in favour of this tax credit. It was in our election platform in 2011, but the government will not mention that. We even proposed a small business hiring tax credit of $4,200, which is more than the Conservative one, and an additional $1,000 if the employee was still there after a year.

At the moment, the government is proposing a $1,000 tax credit, for which 536,000 businesses are eligible. That is what we heard in the Standing Committee on Finance. But let us look at the absurdity of this situation. Last year, that tax credit already existed. Some 530,000 businesses took advantage of it. That suggests that 530,000 new workers were hired last year, but that is not the case.

In committee, witnesses were repeatedly asked whether a business could hire an employee for a few months and claim the tax credit. They said that it was possible.

Although the tax credit is a good idea based on a positive principle, and we support the principle without supporting the way it is applied, this clearly shows that this measure is not encouraging the creation of permanent jobs. The NDP's proposal, on the other hand, which would add a credit for retention after a year, would encourage the creation and retention of the jobs created by the government.

Then there is scientific research and experimental development. The government plans to reduce credits to large companies from 20% to 15%, which amounts to a 25% decrease. This proposal has been decried by the business community, particularly the Canadian Manufacturers & Exporters. The government argues that the overall decrease in incentives for R&D would be $500 million, but the CME argues that the losses could be $633 million.

In addition, some argue that capital expenditures should be removed from calculations for tax credit purposes. The first suggestion was in the Jenkins report, but the second was not. The government made this up; it is not based on a recommendation from the report. We heard a very persuasive argument in the committee about how some industries in the natural resources sector and in manufacturing need to be able to include capital expenses in R&D tax credit calculations. Such industries often need to establish pilot projects—model factories, in effect—to implement the research they have already done. By eliminating that option, this measure puts some industries that really need it at a disadvantage.

Many witnesses were also worried about the government's new ability to choose winners, which would make it possible for the government to choose successful grant applicants.

Claims to the effect that Canada outperformed all the other countries are truly exaggerated. Canada did better in some ways. However, I do not believe that the Conservative government can take credit for that. Canada has survived the recession so well mainly because of the monetary policies of the Governor of the Bank of Canada, and in particular his determination to immediately lower the interest rate at the first signs of the recession, when the government was still denying that there was a problem on the horizon.

To conclude, in 2015, Canadians and Quebeckers will be able to look back on the tenor of the debates in the House and have their say about whether circumstances are better than they were before the start of the Conservative government reign. The answer will be no.