Jobs and Growth Act, 2012

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

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

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

C-45 (2023) Law An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act
C-45 (2017) Law Cannabis Act
C-45 (2014) Law Appropriation Act No. 4, 2014-15
C-45 (2010) Law Appropriation Act No. 3, 2010-2011
C-45 (2009) An Act to amend the Immigration and Refugee Protection Act
C-45 (2008) An Act to amend the National Defence Act and to make consequential amendments to other Acts

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 26th, 2012 / 1:10 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, I thank the member for her question. I fear the Conservative budget and policies will exacerbate inequality among Canadians in the long term. Family income is not the only issue. It is vital to acknowledge the growing inequality of opportunities among provinces and between urban and rural areas.

But the Conservatives do not believe that to be important. I agree with Mark Carney, Governor of the Bank of Canada, who said inequality is a very important issue in Canada. We ought to deal with it because, in the future, it will be increasingly difficult for people to live with such inequality. We ought to act now, but the Conservative government is completely ignoring the problem.

Jobs and Growth Act, 2012Government Orders

October 26th, 2012 / 1:10 p.m.

Kenora Ontario

Conservative

Greg Rickford ConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, I am always caught up in a discussion between the Liberals and the NDP on the whole idea of revenue from taxpayers. Could the member perhaps give some advice to the NDP?

In a previous session Canadians got a serious case of election indigestion with the proposed $15 billion carbon tax. Now the official opposition has changed it and has proposed a $21 billion carbon tax. I am sure the member kept that out of his speech because that is not included in our low-tax plan.

What is his advice or post-mortem going to be since he could not move any further to the left physically in the House of Commons after the carbon tax proposal in the last election? What advice does he have for the opposition? I will let them talk among themselves.

Jobs and Growth Act, 2012Government Orders

October 26th, 2012 / 1:15 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, the hon. member sought my advice and so I will give it to him.

My advice would be that the hon. member go to the website of the Department of the Environment and go back to 2008 where the Conservative government promised to do exactly what the New Democrat platform promised to do, which was to bring in a cap and trade system to Canada.

My advice for those Conservative members is to realize that before the NDP ever put a cap and trade system in its platform, Conservative government policy was to have a cap and trade system. However, the Conservatives did not call it “a carbon tax on everything”; they called it a “cap and trade system”.

I say it is on their website, but there is probably some 19-year-old pimply-faced fellow in the basement of Conservative Party headquarters working on taking that off right now. Some guy who just put down his Hayek books is rushing to the computer to try to eliminate the fact that the Conservatives had a big fat carbon tax on everything. That was Conservative policy. That is where the NDP picked it up.

Jobs and Growth Act, 2012Government Orders

October 26th, 2012 / 1:15 p.m.

Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, other nations have defined themselves by race and ethnicity. Not us. As former prime minister Laurier said, “Canada is free and freedom is its [only] nationality”. Over a century that freedom has allowed us to build the best place in the world in which to live, work and raise a family.

My purpose in this place has been to help make Canada the freest country in the world, where people are free to succeed and free to take responsibility for their own lives. Toward that goal, government should only do the things that people cannot do for themselves. It should do those things well and it should leave the rest to free people to do on their own.

This budget moves toward that principle and the best example of how is the changes it would make to the Navigable Waters Protection Act. The purpose of that act was to protect navigation. That purpose includes allowing boats and bridges to coexist on shared waters. It ensures that if I build a bridge, it does not obstruct other people's ability to run their boats down the river. That is a role that citizens cannot govern on their own and therefore government has a legitimate role to play in doing it.

This act was written over 130 years ago, at a time when people actually travelled to work by canoe. Someone reminded me recently that the last Canadian to travel to work by canoe was Pierre Trudeau. However, now we live in a different time and over the course of time, this act's tentacles have extended beyond its usefulness. It now applies to hundreds of tiny building projects that could never obstruct a boat, often on waterways where boats never travel in the first place. It literally extends to all waters in Canada that can float a canoe, including some brooks and streams that are only full for a few weeks during spring run-off.

For example, the city of Moncton applied to build a culvert under the highway in Fox Creek, which is so small as to be practically unusable. This act and the approvals it requires delayed that construction for eight months and resulted in extra costs to Moncton taxpayers.

In Alberta, 80 cottagers on Lake Wabamum waited for as long as a year and a half for Transport Canada to approve small docks along the water's edge. We are talking about simple docks, the kind that every Canadian kid has run 10 steps off and jumped into the lake.

In these cases, the delays had nothing to do with environmental precautions. The act does not even mention the word “environment” once. These delays were designed to ensure that the little cottage docks in Alberta and the tiny culvert in Moncton would not block shipping vessels from travelling down a waterway.

Such delays are not only unnecessary, they take time from citizens, money from taxpayers and public servants away from doing their real jobs. Focusing the act on its real purpose will liberate entrepreneurs, property owners and taxpayers from mindless red tape, while other acts that actually deal with the environment will continue to protect nature. It will help create a system of governance in our country that is lean and smart, not fat and dumb.

It is in instances like this that I am reminded of the example set for us by some of our ancestors in this part of the country, one of them being D. Aubrey Moodie who just recently passed away at age 99. The founder of the township of Nepean and its former reeve, he set the gold standard for common-sense government that maximized the freedom of its local citizenry.

I am reminded of the story of Jack May who started an auto dealership on Highway 16 in Nepean in 1965. The reason he started it there was because he had spent six months fighting delays and red tape on the other side of the river in Gloucester. After his frustration had reached a boiling point, he crossed the river and he showed up on the reeve's doorstep Sunday morning. He got Aubrey Moodie out of bed while the reeve was still wearing his pyjamas. They sat down and over coffee and breakfast he told the reeve he wanted to start an auto dealership in the community.

The next night, a few officials from the city and one or two lawyers from Jack May's business sat down over dinner and worked out the plans. Tuesday morning, 48 hours after he had first met with the reeve, the shovel was in the ground and the dealership was under construction. Forty-seven years later, that same dealership is creating jobs, growth and long-term prosperity right in the heart of my community.

I share this story because it demonstrates that the obstacles of government can block our ability to achieve our full potential and that a common-sense, lean-focused government can allow that potential to be unleashed once more.

In this place, because it is a place of politics and government, we often forget the necessity to remain humble in recognition that it is in fact the individual and the industry of Canada that creates the wealth of the land.

Anyone who doubts the power of the individual in a free society need only reflect upon the story of the airplane.

If we had asked anyone, at the beginning of the 20th century, who would invent the first heavier than air manpowered aircraft, we would have heard one name, Samuel Pierpont Langley. He was a senior secretary at the Smithsonian Institution, a brilliant scientist, a regular at the White House, best friends with Alexander Graham Bell, who had invented the telephone and the recipient of the largest research grant in the history of the U.S. War Department, at the time $50,000 or $1.3 million in today's terms.

However, best of all for him his only competition were a couple of middle-class brothers from Ohio, the Wright brothers. They had no contacts in government and therefore no government funds. They raised all their money through their bicycle repair shop. They had no post-secondary education. All their higher learning came from their father's modest home library. They had no expectation of success. This was really a case of the Wrights versus might.

What happened? Langley spent his considerable sums on staff, advisers, travelling the world, meeting with important people, giving speeches and developing theories.

The Wrights, by contrast, developed their theories by watching birds, particularly gulls, in flight. They took these lessons and tested them in their homemade wind tunnel, which they built out of a wooden box with a gas-powered fan because they did not have electricity in their shed. They tested tiny airplanes to develop their theories, which they then ran in their life-sized gliders. One brother would be in the glider and the other would run alongside.

In December 1903, Langley launched his aircraft of the Potomac River near Washington, the capital of government. It shot straight up in the air and back down into the water, where it sunk to the bottom and lodged in mud. He gave up and declared his life a failure.

A week later the Wright brothers launched their aircraft. It, too, crashed, but they did not give up. In the next 48 hours, they rebuilt and launched the first ever manpowered aircraft in the history of humankind.

This is the story of the individual over the institution, of citizen over state, of practicality over pontification, of the Wrights over might.

Since the birth of humankind, we have gazed up at the birds in a spirit of envy.

In this magical story of entrepreneurship, these brothers of modest means did what the mighty state could not: give man wings and make him fly.

Jobs and Growth Act, 2012Government Orders

October 26th, 2012 / 1:25 p.m.

NDP

Hoang Mai NDP Brossard—La Prairie, QC

Mr. Speaker, I would like to thank the hon. member for his speech, even though I am still trying to understand some things about the bill.

The finance minister said that everything in Bill C-45 can be found in the budget.

When we received the information on this bill—and there has been a lot of publicity on this issue—we asked where in the budget the references to navigable waters could be found. We were told to refer to page 282 of the budget, which indicates that $37 million in savings have been planned at Transport Canada.

From this, we were supposed to understand what our colleague was explaining to us about all the advantages and effects of this bill. But, on the contrary, what we are seeing are the negative effects it will have on environmental protection.

Can the hon. member tell me where in the budget we can find an explanation for everything he has said about our waterways?

Jobs and Growth Act, 2012Government Orders

October 26th, 2012 / 1:25 p.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Mr. Speaker, this is an act concerning jobs, growth and long-term prosperity. When we have an act in place that prevents municipalities from carrying out basic local infrastructure construction in order to determine whether a shipping vessel can travel down a tiny ditch, then we obstruct the creation of jobs, growth and long-term prosperity. We are removing unnecessary bureaucratic red tape that prevents entrepreneurs, like the one I mentioned, from creating the prosperity of the land.

That is the difference between us and the other side. We understand that every dollar the government spends must come out of the pockets of the person who earned it. We can lower those costs. We can leave the dollars in the pockets of the entrepreneurs of our country and they will create the jobs, the growth and the prosperity that we seek.

Jobs and Growth Act, 2012Government Orders

October 26th, 2012 / 1:30 p.m.

The Acting Speaker Barry Devolin

It being 1:30 p.m. the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from October 26 consideration of the motion that Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the second time and referred to a committee.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / noon

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I join with my colleagues in the New Democratic Party, the official opposition, to oppose yet another omnibus bill put forward by the government. It is a travesty when it comes to respecting not only the priorities of Canadians, but the kind of value that Canadians give to democracy, democratic debate and the roles of members of Parliament in the House. It is though the government had not learned from what we saw in the spring, the kind of opposition we saw from coast to coast to coast from Canadians on Bill C-38, the first omnibus bill in recent months that the government put forward.

We saw historic opposition on the kind of deregulation put forward in the environment, the damaging portions to do with pensions, specifically with respect to the OAS, the damage made by changes to employment insurance and the list goes on. Overall it was a budget bill that raised the ire of Canadians who did not send their members of Parliament, certainly the government members of Parliament in the House, to shove through legislation that would essentially decrease our standard of living. Yet, here we are again seeing the same kind of tricks being played by a government that truly is prepared to show contempt for democratic debate and the role we have been sent here to do.

I am proud to be part of the NDP, a party that not only has the word “democratic” in its name, but a party that believes debate and representing Canadians, which is what we have been sent here to do, rather than telling people stories of what they are supposedly doing in the House. The real story is one that is rather devastating.

Bill C-45 is another massive omnibus bill that makes amendments to a wide range of acts. Once again, the Conservatives are trying to ram legislation through Parliament, without allowing Canadians and members of Parliament to thoroughly examine it. The Conservatives claim that budget 2012 is about job creation, but the Parliamentary Budget Officer says that this budget will cost 43,000 Canadian jobs. That is not job creation; that is a massive bleeding of good, solid Canadian jobs that the government is enforcing through this budget bill.

The budget plans for unemployment to rise. As we know, the National Capital Region has been hit disproportionately hard given the massive cuts to the public sector. However, the region in the part of the country that I come from, Manitoba and the Prairies, has been the single most effected region, outside of the National Capital Region, when it comes to cuts to the public service, whether it is the Department of Agriculture and Agri-Food, which has been hit hard, or it is a number of other departments that have been affected. The domino effect is the lose of good, solid jobs for our communities.

While Canadians want us to take action to protect our environment and grow a sustainable economy for the future, the Conservatives are focused on gutting environmental protection regulation. We saw that in Bill C-38. We very clearly see it again in Bill C-45 through the changes to the Navigable Waters Protection Act and a massive disconnect on the part of the government.

Canadians view environmental sustainability as being key to the way we move forward. We used to be recognized as leaders and a country that sought to find a balance between economic development and environmental sustainability. Now we are seen as a global shame because of the kind of policies the Prime Minister and his government have put forward. Not only have they gone as far as failing to move forward on environmental stewardship inaction, but they have also gutted legislation that is absolutely key to ensuring that the kind of development that takes place across our country is done within parameters that support environmental sustainability.

Churchill, in northern Manitoba, is part of a province that depends a great deal on the wealth that comes from waterways, whether it is rivers or lakes. Seeing the changes in the Navigable Waters Protection Act is damaging to the kind of development that Manitobans want, one that respect waterways, first nations and communities that are on or close to the water. Unfortunately, once again, the federal government will not stand up for the province of Manitoba and the many Canadians that want economic development to be done with a sustainable lens.

The Conservatives have clearly not learned their lesson and the official opposition will not let them quietly pass their new omnibus legislation. We believe Canadians deserve better. We in the NDP will always be proud to stand up for transparency and accountability. We will always stand up for environmental protection, retirement security and health care, which were key points that were attacked in Bill C-38 and continue to be attacked in the latest reincarnation of the Conservative government's sham representation of the interests of Canadians.

Let us look at Bill C-45 more closely. A key damaging point is the area of public pensions. New Democrats are concerned by the creation of a two-tiered workforce in which younger people have to work longer for the same retirement benefits. Those younger people are from my generation, a generation of people who go into workplaces. Hopefully a number of them will be able to work in the public service supporting the kinds of services and sectors we need in our country. Unfortunately, the bar has been raised for them in many ways and they will not have access to the same quality of life as their parents. That is what it is really about. A two-tiered system means that the people of my generation will be set up to live a life with greater job insecurity and a higher cost of living knowing that their retirement benefits will have been gutted, and that is not fair.

When Conservative members go back to their ridings, how do they make this kind of two-tiered workforce palatable to the young people who live in their constituencies, the next generation of Canadians who want to contribute to society, our communities and our economy? The reality is they will be unable to make the same kinds of long-term plans that they or certainly their parents have made because the odds have been stacked against them. It is particularly shameful that the odds have been stacked against them in large part due to the government's desire to make the playing field more difficult for us.

The changes in the public service pension system come in a context where the Conservative government is failing to take action on youth unemployment and crippling student debt, while also making young people work longer before qualifying for OAS benefits. We have a good idea what the actions the government is taking today will mean in terms of a reduced ability by Canadian young people to contribute to the economy, whether it is in the tax base, or purchasing homes and taking part in the homebuyers' market or consumption in the economy, which is something in which the government seems to be interested. We are going to see a marked reduction in the ability of future generations of Canadians to contribute to the economy.

A final point that I would like to make is with respect to my particular region and the devastating impact Bill C-45 will have when it comes to the Canadian Grain Commission. I am proud to represent the community of Churchill where hard-working people have worked for the CGC for decades and have ensured that Canadian wheat is the best in the world. Unfortunately, Bill C-45 weakens the Canada Grain Act, which means we will lose inward inspections, farmers will be faced with a reduced profit margin because of the fact that we will not have rigorous inspection of the wheat we export, as well as domestic consumption, and that is not okay.

Canada is proud of the kind of wheat products we have sold around the world. This means losing solid jobs from communities like Churchill, Thunder Bay and Vancouver, and it is certainly in line with the government's failure to realize it is here to show leadership. Thankfully, we in the NDP will continue to do that and fight against Bill C-45.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 12:15 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, the region my hon. colleague represents in Thompson and Churchill is very much similar to mine in Timmins—James Bay, having some of the largest gold, copper and diamond operations in the world. Therefore, we understand the value of a resource-based economy. However, when I talk to citizens in my riding and they once again hear of the attack on the waterways, this continual undermining of basic environmental standards on the waterways, they become angry because we have seen the damage in our regions. We have seen the lakes and fish habitats that have been destroyed over the years.

I ask my hon. colleague this. While the rest of the world is moving toward a sustainable notion of treating our resources as value-added but also understanding the importance and protection of the environment, why is it that we have a government that seems to be in the process of high-grading our natural environment to get as much as it can as quickly as it can, leaving the toxic residues, which we have fought over the last 100 years in the north to stop from happening?

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 12:15 p.m.

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I thank my colleague for raising what is really the story of our ridings and that of northern Canada.

We have a government that would leave a legacy of devastation, a legacy that is in complete disconnect with the priorities of northern Canadians. For us, certainly going back to first nations teachings, economic development means a true respect for the environment around us. Instead of making sure we have regulation that enforces that kind of respect and that we are going forward to make sure economic development happens responsibly, the government is like a wrecking crew. It is Canadians who would pay the price, predominantly Canadians who live in northern Canada. That is unacceptable. We know that the international community is certainly taking note of that. We see that more and more Canadians have had enough with the government's agenda.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 12:15 p.m.

NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, what is proposed in Bill C-45 will create a two-tier system for pension plans, which is obviously going to affect young people significantly. There are also all sorts of measures that will undermine the protection of the environment.

The hon. member has already mentioned that this will greatly affect her generation. As our leader often says, we are passing on a debt burden to future generations, whether in the form of environmental debt, economic debt, and so on.

Could the hon. member tell us about the problems that this could create for young people, who already do not trust politicians? How will they be affected overall?

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 12:15 p.m.

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I would like to thank the hon. member for her very relevant question.

It is incredible to see that the government is so irresponsible that it ignores the devastating impact of this bill and of Bill C-38 on my generation.

The hon. member made a connection with young people's lack of confidence in politicians. It is true that they already do not have much trust. Fortunately, our caucus represents the youth of Canada, given its many young members of Parliament and the issues that they bring forward.

However, the fact remains that this government is shirking its major responsibility for our country's future.

We see that an entire generation will not have good pension plans, will not be able to afford the soaring costs of housing, for example, will not be able to pay off student debts and will not have access to good jobs in the public service or in general. This reality is scary, showing us an absolutely incredible side of the Government of Canada. Yet this government is supporting this reality instead of demonstrating a leadership role in building a better future for Canadians.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 12:15 p.m.

Conservative

Dave Van Kesteren Conservative Chatham-Kent—Essex, ON

Mr. Speaker, it is a great privilege and a delight to speak to Bill C-45, the final implementation of the budget act, the jobs and growth act. It is titled, “jobs, growth and long-term prosperity”. The reason we chose that title is that the focus of this bill is for just that: for long-term prosperity, for jobs and for growth.

We have heard the numbers countless times. On our side of the House, we are reminded that since this government has been in office and since that horrendous crash in 2008-09 when so many jobs were wiped out, not only here in Canada but across the world, there has been an increase of 820,000 net new jobs. That is an outstanding number.

We also hear the statistics that we rank among the highest in the G8 nations, that we are in the best fiscal position and that we are among the highest in growth in G8 nations.

That does not say there is tremendous growth. We know that in the world today there has been an enormous slowdown. Yet repeatedly, for the last number of years, Canada has managed to hold a position and to build some strength in that position, as well.

We also know that when governments get it right, when governments help create healthy climates, jobs are created. That is the main focus of this government and the reason we have focused so much on those areas. We do that by, first, listening.

I have the privilege to serve on the finance committee. We are involved in budget consultations at this point. We meet every night, Monday, Tuesday, Wednesday and Thursday. We meet from 3:30 p.m. to 6:30 p.m. We ask people and groups from right across this country to come in to speak to us and to tell us what they feel this government has to do to be successful, to grow those jobs, to get those people back to work, to help young Canadians who are coming out schools, be they high schools, colleges or universities, to get jobs. We listen to these groups and these people.

We listen to industry. Again, I was fortunate, in the first four years I served in this House, to serve on the industry committee. In the industry committee, again, we invite industry; we invite labour; we invite all these groups to tell us just what we can do as a government to make things work.

It is people who create jobs. It is businesses that create jobs. Governments create healthy atmospheres.

We listen to business groups, we listen to labour and we listen to the experts. We learned great lessons from the member for Lanark—Frontenac—Lennox and Addington last Friday. He gave us a little essay in the house on Keynesian policies and how many governments today—most governments in the western world since before World War II—embarked upon that kind of plane where governments were told they need to spend to stimulate the economy. I think most of us would probably agree with that, but we have had a bit of runaway Keynesianism.

There was another school of thought at that time, the Austrian school, the Mises, that taught it is the responsibility of governments to maintain and make sure their books are in order. We did, and we do what the experts suggest we do. The first thing they tell us, repeatedly, is to get government spending under control, eliminate the deficit.

It is a fact that this government is concentrating on lowering government spending. We do not agree on both sides of the House. Often times, we hear it is the role of government to spend more, to spend our way out of a recession or that, rather than cut spending, maybe we ought to raise taxes.

We hear repeatedly, not just from businesses—obviously businesses do not want to be taxed and corporations do not want to be taxed—but we hear from the experts, the economists, that it works in reverse and ultimately when businesses and corporations are taxed, they take that cost and add it to the cost of products. Then we become uncompetitive in the world. Therefore, our goal on this side of the House is to make sure tax level does not become a burden and to make sure we do not impede growth.

One of the other things we heard repeatedly was to reduce red tape. Red tape is something that stagnates growth. It causes frustration in the marketplace. We have to eliminate those things that impede growth. I have spoken about a number of those areas, one of them being red tape. However, there are other things that governments do, oftentimes with the right intention, but we find out down the road that they cause more problems than they solve. Businesses asked that we not overburden them with taxes and regulations and that we open up the marketplace.

Canada is a trading nation. We are a nation that does a pretty good job at producing certain things. We are strong in extraction. We have a very rich resource sector. We are strong in service sectors, telecommunications and banking, and we do a good job in financing. We are able to export those to other countries. However, oftentimes there are trade barriers that pop up and make those things difficult for our companies. Therefore, our Minister of Trade has been extremely busy on a trade mission.

Let me read something he said:

In less than six years, [we have]...concluded trade agreements with nine countries: Colombia, Honduras, Jordan, Panama, Peru, and the European Free Trade Association member states of Iceland, Liechtenstein, Norway and Switzerland. Canada has also begun deepening trade and investment ties with the largest markets in the world, including the European Union, India and Japan.

The European Union has 500 million people.

Most recently, we announced in October that Canada has formally joined the trans-Pacific partnership, the TPP trade negotiations. This is a trade agreement under negotiation by 11 countries, which now include Canada and Mexico. The other members include Australia, Chile, Malaysia, New Zealand, Peru, Singapore, the United States and Vietnam.

Canadians can see that we are opening up these opportunities. This gives our companies, our people, an opportunity.

The Speaker is telling me I am running out of time, so I am going to talk about what is really near and dear to me, and that is the bridge to strengthening trade act. We have inserted a provision in the omnibus bill that allows for a bridge across to the United States in my neck of the woods, Chatham-Kent—Essex. Why this is so important is that we are a trading nation. The town of Leamington, which is part of my riding, has an enormous greenhouse industry. Two hundred trucks leave Leamington greenhouses bound for the U.S. every day. More than 70% of the greenhouse industry goes to the United States. There are 223 greenhouse operations in Ontario, and Leamington is home to the largest concentration of greenhouses. There are over 1,500 acres under cover. They tell me that one acre is equal to ten times the production on normal land. It is imperative that those goods get across to the United States. We need that crossing. Therefore, we have put a provision in the budget that would allow for its speedy construction.

I was also very privileged to be able to announce the gateway, the section of Highway 401 to the bridge. Last year in August the government announced we would spend $1 billion. A very important part of the budget is the trade issue. It is very important in my riding.

I encourage the opposition to look at those great benefits, not only for the country but for areas like Chatham-Kent—Essex, where it is so important that we continue this trade.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 12:25 p.m.

NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Mr. Speaker, my colleague talked about job creation, which is at stake in Bill C-45. I would like to come back to that, because my colleague did not go into detail on the matter.

In the Auditor General's most recent report, we saw that the Minister of Finance's decisions were not backed by the figures in a report on long-term fiscal sustainability. In other words, the Minister of Finance is making decisions without truly knowing what impact these decisions will have on public finances over the long term, which is concerning.

I would like to know whether my colleague knows what long-term effects the elimination of tax credits for research and development will have, for example. In my riding, there is a company that just cut 300 jobs. This company was very active in research and development, which is why this question came to mind.

Does my colleague know the long-term effects of a decrease in tax credits for research and development? If so, what is he using to back his long-term predictions?