Jobs and Growth Act, 2012

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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

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

Elsewhere

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

Votes

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

Jobs and Growth Act, 2012Government Orders

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

Oshawa Ontario

Conservative

Colin Carrie ConservativeParliamentary Secretary to the Minister of Health

Mr. Speaker, my colleague from Winnipeg South Centre gave an excellent speech. In her opening remarks, she explained that she was a chartered accountant and also a mom, so she is used to balancing the books. She is used to watching the dollars, as most Canadian families do.

I want to ask her a question about the NDP's carbon tax. The NDP has been talking about this $21 billion tax. As members know the NDP is linked to the Broadbent Institute. It was really sad when, a while back, the Broadbent Institute said it wanted to increase green taxes, such as a carbon tax, and taxes on natural resources and more and more taxes, which could add up to over $30 billion.

I want to ask her this question, because she does have expertise in the financial sector. What would a $21 billion carbon tax, or the taxes with which the Broadbent Institute would like to shackle Canadians, do to the economy of Manitoba at this very important juncture in time?

Jobs and Growth Act, 2012Government Orders

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

Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

Mr. Speaker, I want to thank the hon. member for that question and the insight that he shares with us. I was talking about how my government, of which I am very proud to be a part, is focused on helping children with disabilities become integrated into the saving framework so that their parents can save for their futures the same way we save with the rollover, which I specifically referenced, from RESPs to RDSPs. This is a classic example.

We are a government that is trying to help children with disabilities do well. The special needs children who I had the pleasure of serving when I was a school trustee had significant transportation requirements. With a carbon tax in place, every single element of their support system would cost more. It is not just the van to get the child to school. It is not just the van to get the child to community events. It is every single thing that the family has to buy, such as food, clothing, transportation, books, everything that matters to families.

That is why I am very proud that this economic action plan does not include a carbon tax. It is the antithesis. It is all about growth and supporting families.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1:20 p.m.
See context

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, it is a pleasure for me this morning to rise once again in the House to debate a 2012 budget implementation bill. This is the second round of debate on the 2012 budget. I would like to start by taking my colleagues back 20 years in time, to 1993 and 1994, when three events took place that I believe are relevant to the debate today in the House.

The first event was the election of a Liberal majority government headed by Prime Minister Jean Chrétien, which set Canada, the state, the federal government, on the road to sound economic and fiscal management. The Liberal government bequeathed to the Conservative government a budget surplus that was extraordinary and unprecedented in Canada's history and that could have been used to maintain economic prosperity. In the end, that did not happen.

The second event occurred in the House of Commons before I was elected. However, I was on the Hill at the time. I remember the arrival of about 50 Reform members, including today's Prime Minister, who was the member for Calgary at the time. As I recall, he arrived in the House with 49 Reform Party colleagues.

The third event I will mention has to do with the Liberal government of the day, under Prime Minister Jean Chrétien. That government introduced Bill C-17, its budget implementation bill. I would like to remind the House of the length of that budget implementation bill. Mr. Speaker, you and my other colleagues in this House might be surprised to hear that, in total, Bill C-17 was 21 pages long and amended a total of 11 pieces of Canadian legislation.

Let us compare that to the current situation. Last fall, we debated a budget implementation bill that was about 500 pages long and amended about 70 pieces of Canadian legislation. Today we are debating Bill C-45, which is 443 pages long and amends 60 Canadian acts. In less than 12 months, we have debated two bills that together total about 900 pages and amend about 130 Canadian acts. We have come a long way since 1993.

What is interesting is that even the short, 21-page budget implementation bill that I just mentioned, that modest bill, triggered a strong reaction from the member from Calgary who is now the Prime Minister of Canada. He said, and I quote:

The particular bill before us, Bill C-17, is of an omnibus nature. I put it to you, Mr. Speaker, that you should rule it out of order and it should not be considered by the House in the form in which it has been presented....

I would argue that the subject matter of the bill is so diverse that a single vote on the content would put members in conflict with their own principles.

If people were outraged at the time, in 1994, regarding a budget implementation bill that was 21 pages long and amended 11 Canadian acts, well then they should be 45 times more outraged today.

What we have seen recently in the House is about 45 times worse than what went on in 1994 with Bill C-17. This should put things into perspective a little bit.

It is interesting that we heard the member opposite speak about family. That is an important point. It is important that every now and then we bring things back to the perspective of the communities and families we represent here in the House.

Sometimes things get a little too complicated here. They get too broad and complicated, layer upon layer, to the point where parliamentarians have a hard time seeing things clearly. Imagine how hard it is for our constituents, who are not engaged in this House every day, who are going about their business, earning their living, bringing up their kids, to wrap their minds around what is going on in this House, especially around a budget?

Let us look at what a family does when they create a budget. Let us say, hypothetically, that a family sits down, the parents and the kids, to discuss the family budget. What would they discuss? They would discuss the revenues they expect for the coming year, what they expect to spend and how they perhaps expect to lower their debt levels. That is what they need to talk about, if they are to have a good budget. If they start to talk about junior's hockey schedule or how much time the son or daughter should be allowed to watch TV per week, and so on and so forth, they would go astray from the subject at hand. They are not going to be as effective in managing the household economy essentially, the household budget.

I would suggest that the fact that we keep bringing in complex pieces of legislation, such as these two budget implementation acts, may be distracting the government's focus and not allowing it to be as effective as it might be.

I have seen two bills, which are unrelated to this bill, come before the House, and they had glaring holes in them. One was Bill C-383, and I do not understand how it got by the lawyers in the trade department, quite frankly. We saw another bill last week, the nuclear terrorism act, which my colleague said omitted a very important and central piece.

We should simplify things a bit and not spread ourselves too thinly, so that we can do our work properly as parliamentarians and the government can achieve some focus and get some results.

On that theme, the budget implementation act obviously does include measures which should be in a budget implementation act. That goes without saying. Even if we disagree with what the government is doing with the SR and ED, the scientific research and development tax credit, it belongs in a budget; it is a budgetary matter.

I would add that I think it may be dangerous that the government is getting away from a kind of broad-based program to stimulate innovation in this country in every small- and medium-sized business across the land, to an approach whereby the government would be giving subsidies instead of tax credits for research. It would be giving subsidies to a few bigger players in an attempt to pick winners and losers in the 21st century economy. We have issues with that, but I would agree that it belongs in a budget bill.

However, there are some things that do not belong in a budget bill. One is rewriting laws that protect Canada's waterways. I do not know what that is doing in a budget bill. Another is redefining the definition of aboriginal fisheries. What is that doing in a budget bill? Eliminating the Hazardous Materials Information Review Commission is about human health and public safety. That is not about revenues and expenditures and debt levels and so on.

I have an issue, like many of my colleagues in the House, with the budget going astray and including all kinds of extraneous elements.

However, to get a subject that is of great interest to me, I would concur with my colleague from Saanich—Gulf Islands that when the Fisheries Act was passed and the Navigable Waters Protection Act was passed, the word “environment” did not exist. If we are to be literal, as the government likes to be, let us go back to the quote that I just read from the then Reform Party member and now Prime Minister, who said that 21 pages amending 11 acts is too long.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1:30 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is a real privilege to ask a question to the member. The constitutional questions have not had enough attention in this debate at second reading on Bill C-45. When I look back at Bill C-38, I think we also missed some of the key ones. However, in the Fisheries Act changes in Bill C-38, as egregious as they were, they did not, with a sweep of the pen, say that 98% of the waterways in this country are no longer going to be covered under the navigation head of power found in the Constitution.

Has my friend considered that this act is actually unconstitutional in retreating from 98% of the responsibilities to ensure that Canadians have the right to navigate? This was enshrined as a federal head of power. How can the Conservatives unilaterally walk away from it, knowing that under the exclusivity principles of the constitutional law it would be illegal for another level of government to step in to fill the void?

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1:30 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, it is a very interesting point. There was an article in Le Devoir last week about how there are laws at the provincial level, for example in Quebec, to protect the interests of boaters and so on, but in fact constitutionally they do not have the same authority. It is disturbing when a government takes away rights for Canadians that were established at the very beginning of Confederation without having any kind of public debate, other than on a budget bill.

I think this is a problem. I will leave it up to those who are more knowledgeable about the law than I am to delve into this issue, but it obviously merits discussion.

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October 29th, 2012 / 1:30 p.m.
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NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Mr. Speaker, I would like to thank my colleague and riding neighbour for his speech. I would like to ask him a question about pooled registered pension plans.

This is a measure that is found in Bill C-45. I admit that I am very concerned about this because, right now, retirement security is a big problem. It is time to take serious measures to improve retirees' financial security. The Conservatives' solution is to introduce a pooled registered pension plan.

Does the hon. member agree with Professor Milevsky from York University that a investment plan must not be confused with a pension plan and that one thing is certain: a PRPP, like an RRSP or a TFSA, is not a pension? What does the hon. member think?

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October 29th, 2012 / 1:30 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, clearly, when it comes to investing, we have to put ourselves at the mercy of the markets to some extent. Sometimes things go well and sometimes they go less well.

It is not the same thing as counting on a guaranteed income at age 65, or now age 67. It is not the same thing as investing in an RRSP. Whether a person invests individually or with a group of colleagues, the level of risk is not the same. It is much greater than the risk for the federal government, which has a huge fund and can diversify the risk in order to promise Canadians a stable specific income in the future, while allowing them to know today the amount of income they will receive in 20 or 30 years.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the hon. member mentioned briefly that he thinks there is something missing in private member's Bill C-383. I am curious to know what he thinks is missing from that bill because I am looking forward to its passage to ban bulk water exports.

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October 29th, 2012 / 1:35 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, we have been debating this at committee, and it is a sense that I have. I would like to hear more debate about it, but I fear the bill includes something that removes a protection that our freshwater might have. The fact that we have included the word “pipeline” and tried to say that a pipeline is a transboundary river may be problematic down the road. I do not know. However, a pipeline is not water in its natural state, and any bill that bans transboundary export via pipeline may be a trade bill.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1:35 p.m.
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Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, it is a great privilege for me to stand in the House today and speak about Bill C-45, the budget implementation bill.

Canada has been through some tough times since the great recession began in 2008, and we have fared incredibly well when compared to other industrialized nations around the world. We have the strongest growing economy, and it is due in no small way to the efforts of our Conservative government. Our economic action plan has and continues to ensure that the Canadian economy will remain robust and prepared to fend off most risks.

I want to thank the Minister of Finance, our Prime Minister and all of my caucus colleagues for their hard work. I ask the members on the other side of the House to consider this bill very carefully, and I ask for their support.

It is important to keep our fragile economy running smoothly, and this bill supports jobs and growth to do just that. This is good legislation for all Canadians. It is also good for my home province of Alberta and my riding of Medicine Hat. It contains support for farmers. There are many in my region who I am proud to represent here. I would also like to add that many of them are prospering at historic levels now that they have the freedom to market their grain to whomever they choose. I am happy to report that fact to the House.

This bill is good for farmers. It is good for small business owners. It is good for families and seniors. It is good for the middle class. I do not understand how the opposition members have committed to voting against it. I do realize it is an attempt on their part to simply obstruct everything that we do. This is the NDP's game plan, and it has not even tried to hide that strategy.

Our government has been committed to the economy in other ways, such as by helping to keep the corporate tax low, which in turn has created over 820,000 new jobs since July 2009, shortly after the global economic downturn began. That is an incredible statistic when we stop to think about it.

Nevertheless, the global economic environment remains fragile, and recent economic developments will continue to impact the Canadian economy and government revenues. We have made it clear that we will not impose a harmful, crippling carbon tax on Canadians, like the NDP has on page 4 of its election platform. We do not believe that is productive. We believe it would hurt Canada.

Our Conservative government remains committed to the Canadian economy, and this budget implementation bill will ensure we can continue to grow in an environment where most industrialized nations are struggling.

Through this act, we are facilitating cross-border travel. Pilot projects will begin at ports of entry in Montreal and Prince Rupert which will examine ways to make travelling less burdensome, such as trying to cut out multiple inspections of freight and baggage. Goods should be “once screened, twice accepted”.

Budget 2012 also increases travellers' exemptions. Canadians who visit the U.S. for a 24-hour period will be able to bring in $200 worth of goods. Those returning after 48 hours will be able to bring back $800 worth of goods.

We are removing the red tape and reducing fees for Canadian grain farmers. That is good news for farmers in the Medicine Hat and surrounding area. Our government has allocated $44 million over the next two years to transition the Canadian Grain Commission to a sustainable funding model.

Our government was elected by farmers on a platform to modernize the grain sector in Canada and to keep our economy strong. We have brought in marketing freedom, and the next step is to renew the Grain Commission. These changes will eliminate about $20 million in unnecessary costs from the grain handling system, costs which ultimately are passed down to the farmers.

I urge the opposition to stop playing games with the economy and support the swift passage of this legislation. We are modernizing organizations like the Canadian Grain Commission. It was the same idea with regard to the Canadian Wheat Board. The board was created in a different time. To say that we find ourselves in the same agricultural situation today as we did decades ago would be a stretch, to say the least.

We are trying to create a modern economy to keep us competitive and economically sound at home and abroad.

Through the Red Tape Reduction Commission, we are working to reduce the tax compliance burden for businesses, with such things as simplified administration options for business partnerships, an improved business section on the CRA website, improvements to the rules for paying eligible dividends and graduated penalties for late filings. That is going to help businesses in my Medicine Hat riding; there is no doubt in my mind. If we bring in new regulations, we need to remove one or more items of red tape.

We are not sure what the opposition wants. What we do know is that, besides its $21 billion carbon tax grab on every single Canadian, it wants to raise other taxes as well. It wants to raise the GST, corporate taxes and, most likely, the personal income tax rate as well.

We are going to change the Public Service Superannuation Act, which would fix the public service pension plan so that the plan is more in line with the private sector. That is a necessary cost saving, and it is fair. We are not asking our hard-working public servants to do anything we are not. The bill to fix our MP pensions to reflect the same rules as already passed through the House. I am proud of that, because it had all party support. It just goes to show that we all can work together to get things done, as Canadians expect us to do.

Another part of Bill C-45 is that amendments would be brought to the Income Tax Act to allow for pooled registered pension plans, PRPPs. I would like to talk a little about these, because they are a way for the people of my Medicine Hat riding and all Canadians to save money for retirement. The whole idea behind the PRPP was to provide a way for those who do not necessarily have access to other plans but want to put aside a little nest egg for their retirement anyway. This option would allow people to save money for retirement at a lower cost by pooling their plans through administrators. It would also allow the self-employed to save money.

This is important for people in my riding. I have discussed the new PRPP with small businesses in my riding. They are very excited about the plan and the opportunity it would present to their companies and more importantly, their ability to attract and retain highly skilled employees.

Bill C-45 would reinforce our financial sector by supporting a sound and balanced regulatory regime. We do not presume that Canada is immune to world economic fault lines, but we do know that we fared far better than most in the last four years. I know the opposition disagrees, but let us look at the comments made last week by Christine Lagarde, managing director of the International Monetary Fund. She said:

Canada is a country with one of the strongest financial sectors in the world.... Canada can teach the rest of the world about how to build a stronger, safer financial system.

If I look at Canada and the anomaly that it constitutes compared to other countries — because it's growing pretty well, because its banking system is solid and growing, because its inflation is under control, because its fiscal deficit is also pretty much under control and its level of indebtedness is reasonable — you know, it's not bad as a scorecard.

That is quite a statement of what we are doing here. This is not partisan drivel. It was not a Conservative Party of Canada strategist or even our fantastic finance minister who said this. It was Christine Lagarde.

Unlike the NDP, we don't base our economic policy on what crackpot economists working for big union bosses tell us. We take an honest, calm and moderate approach, one that strikes a balance. Bill C-45 would continue to make our country more financially prosperous. That is a good thing.

Bill C-45 would enhance security in regard to people travelling to Canada by plane. As part of the perimeter security and economic competitiveness plan, Canada would be working better to screen travellers so that security threats could be stopped ahead of time. That makes Canada safer. I find it very disturbing that the NDP would not support that and so did the people in my riding.

Let us talk about employment. We know that our government's economic action plan has played not a small part in the creation of 820,000 new jobs. We also have a bevy of tax credits to support job strategy. We would also include in that extending the hiring credit for small businesses in 2012. The NDP will be voting against this. What does the opposition have against small businesses? It strikes me as crazy, especially since we just celebrated small business week. Cities in my riding, like Brooks, Taber and Medicine Hat are growing.

I want to touch on one more part of the economic action plan that would be beneficial to constituents in my riding and in Canada. That is our government's accelerated capital cost allowance for energy generation, to further encourage businesses to invest in clean energy generation and energy efficiency. My province is the largest producer of energy in Canada, and this would help those in the clean energy sector be more successful.

Countless world economic bodies have praised our strong financial position, and we have nothing to be ashamed of. Our record speaks for itself. I am proud to be voting in favour of the bill. I am proud to be part of the Conservative team and family that has only Canada's best interests at heart.

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October 29th, 2012 / 1:45 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, unfortunately, the member for Medicine Hat peppers his speech with too many half lies. I was looking forward to his addressing the House about growing our economy—

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1:45 p.m.
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Some hon. members

Oh, oh.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1:45 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Order. The hon. member may know that the wording he used is considered an unparliamentary phrase. The member might wish to rephrase his point.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1:45 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, his party's policies are not particularly working when it comes to innovation and investment, so repeating the half-truths does not make them full truths. However, it is not surprising. It is all huff and puff from that side with no real action.

I have a specific question from the farmers in my riding in terms of internal trade. They are worried about the supply management system. Could the member address what the effect will be of the application of amendment protocol 12 of the AIT on the supply management system?

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 1:45 p.m.
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Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, what we have been doing for Canadians is extremely positive. What other country in the world has actually created more than 820,000 jobs?

The agriculture minister and the government are supporting supply management, and we will continue to support it because it is good for Canadians and good for Canada.