Jobs and Growth Act, 2012

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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:45 p.m.


See context

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, I thank the hon. member from the New Democratic Party for his comments and I quite enjoy working with him at the finance committee.

I want to know why the New Democrats on the finance committee voted in favour of the Conservatives' time allocation motion on Bill C-45. That happened on October 31. Did they not understand that this was a time allocation motion?

Also, the finance committee chair, the member for Edmonton—Leduc is widely respected by all parties for his fair and balanced approach. Therefore, I wonder why his members, the New Democratic members on the finance committee, worked with the Conservatives and ganged up on the chair and actually voted against the chair's ruling, overruled the chair and effectively changed the rules at committee. Why did New Democrats not insist that the rules be respected?

Does the member recognize that a dangerous precedent has been created, where now the Conservatives can use their majority on committees to challenge the chair, say the rules mean black instead of white and have their way on any debate whatsoever? Why are the New Democrats complicit in this?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:40 p.m.


See context

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I am here today to talk about Bill C-45. However, I find it astounding that what we proposed in the 2011 election was precisely what your party proposed in 2008—

Jeff Watson Conservative Essex, ON

The current Bill C-45 obviously is not yet enforced. We hope it will be passed in due course and that the changes will be made to it. But under the current execution of the Navigable Waters Protection Act, if I were a forestry company in a remote area doing some logging, and I had to construct, let's say, 100 different temporary bridges over a winding intermittent stream that is clearly not navigated, would I have to make separate application for each temporary bridge, and would each have to be assessed by Transport officials prior to a decision to grant a permit being made under the Navigable Waters Protection Act?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:30 p.m.


See context

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I know my friend from a Etobicoke—Lakeshore would want to be telling the truth in this place. However, he was a bit misinformed. He said that the NDP had put thousands of amendments forward at committee. I want to be clear that we put forward 72 very considered amendments at committee.

Not everything in this bill is bad. That will come as a shock to some members over there. However, I want to go a bit further and talk about what the NDP was looking for. We as a party are focused on what we think are the real priorities for families in Canada, which, obviously, are jobs, health care, pensions and protecting our environment. When we look at Bill C-45, we see aspects of those areas that are being infringed upon or even destroyed in some respects.

We only need to look at what happened with environmental assessment between Bill C-38 and Bill C-45. I have been told that in the past approximately 5,000 environmental assessments were conducted each year, whereas now there would be roughly 40. If the Conservatives had a legitimate concern with environmental assessments, maybe that would warrant an adjustment but not a hundredfold decrease. What is lacking here is common sense, which does not appear to be common here anymore.

The NDP believes in rewarding people who create jobs. In our last platform, we had rewards for people who employed new workers for a year. I know that sounds contrary to the rhetoric we have heard, particularly in the speech by the member for Winnipeg North.

The OECD's best practices for budget transparency states that draft budgets should be submitted to Parliament no less than three months prior to the start of the fiscal year. It also notes that budgets should include a detailed commentary on each revenue and expenditure program, the comparative information on actual revenue expenditure during the past year, and a forecast going forward. If some of that had been contained within the 400 to close to 1,000 pages that we have gone through with respect to Bill C-38 and Bill C-45, there might have been a different response.

We were troubled this past spring when Bill C-38 came before the House and then committee. We were troubled with its content and stated our problems we saw with respect to that, but we were also very troubled by the process. With Bill C-45, we see an extension of the process that is generated when there is an omnibus bill that addresses too many areas and tries to do too much, much of which, we would argue, is not related to budgetary matters. Bill C-38 amended 72 pieces of legislation. I understand that Bill C-45 addresses 70 pieces of legislation.

Let us picture the meetings we had with our six to eight expert witnesses, good souls who gave up their time to come and provide testimony at committee. Each member had five minutes to ask a question. From those six to eight people who spoke on different subject matters we had to select who we wanted to hear from. These were witnesses who could cross-converse and offer other testimony. They were witnesses from all over the place. I do not think that offers MPs of all parties the opportunity to proceed with the due diligence that is expected of us in this place by the people who sent us here.

I have argued that, due to the size of the bill and the amount of changes made in such a short period, it was nearly offensive to Parliament. I still stand by that comment. I have said numerous times in this place that committees should be in place to improve legislation. Members should think about that statement. The official opposition brought forward 72 amendments, none of which were frivolous. Other parties chose to bring in thousands, some of which were reasonable. However, the amendments we brought forward were intended to improve this legislation but not one was accepted by the government side.

The problem is the my-way-or-the-highway approach to the governance of our country and to the changing of legislation. The advice that came from many people on issues around the environment, in particular, raised grave concerns. Those concerns, in my opinion, were ignored by the government side. It is difficult when the government is not prepared to give due consideration to the opinions and amendments offered by the other side.

That brings us to a place where we need to face a hard reality. I listened to the member for Winnipeg North go on about how the NDP was hand in glove with the government, trying to politicize the situation. The hard reality is, whether we like it on this side of the House or not, that the government has a majority and in committee it has the ability to shut down the opposition. When we offered our 72 amendments, the Conservatives' decision was that they were not acceptable. No one can tell me that out of the 72 amendments not one amendment could have been accepted. I believe a majority of them were certainly worthy of being accepted.

I was going to say something about the member for Winnipeg North but I do not want to get too partisan. The one comment I will make is that the remarks in that member's speech earlier were vested purely and simply on political rhetoric. We should be past that point in this place.

In its content, Bill C-45 has a large variety of very complex issues. I alluded to that when I talked about expert witnesses. We need to consider, for example, the overhaul of the Canada Grain Act and the changes to the scientific research and experimental development or the SR and ED tax. I thought we had put forward a reasoned amendment. The proposal from the government moved, not necessarily in a bad way, but counter to the advice we were getting from people who testified, so we suggested that the government delay it for five years which would allow Canadian businesses time to plan.

One of the crucial things for businesses today is to plan their cash flow and research and do it in a very careful manner because we are inches away from a potential recession. They know that, they understand that and they realize the risks they face. To my mind, that was a reasonable suggestion on behalf of the official opposition and I am baffled as to why it was not received.

I will now switch to the content of the bill and we think in terms of the areas of responsibility that the committees are tasked with in this place. To my mind, an omnibus bill takes away a committee's ability to offer its opinions, due diligence and evaluation of the portion of this omnibus bill that really belongs in a specific committee, environment being the clearest example I can give, and then it is sent to a different committee, such as the finance committee.

I sit on the finance committee and I am far from an expert on the environment. I go to that committee thinking I can bring something to it. When there are changes to the Canada Grain Act, the Fisheries Act or the Environmental Protection Act, they should be sent to the committees that are tasked with hearing testimony from people with expertise so they can interpret the testimony to the benefit of the bill.

As a result of the fact that I feel this bill is blatantly undemocratic, I will not be supporting it.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:10 p.m.


See context

NDP

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

Mr. Speaker, I would first like to offer my condolences to my colleague, the parliamentary secretary, for her loss.

The Standing Committee on Finance met for many hours to discuss Bill C-45. On most of what we discussed, including the amendments, we were in strong disagreement with the government.

Our view is that the government is headed in the wrong direction. The government is missing out on obvious opportunities to play a positive role in Canada's economy. I do not have a lot of time to ask a question, so I would like to focus on one specific aspect on which we were in disagreement. That was the issue of scientific research and experimental development.

In committee, we heard several witnesses, particularly from the world of business, including the Canadian Manufacturers and Exporters association, which described its concerns about how changes were being made. The government is claiming that investment in private sector research and development has dropped by $500 million, whereas according to Canadian Manufacturers and Exporters, the figure is closer to $633 million. According to the association, this will lead to 18% to 20% less private sector research and development.

Another significant component is the elimination of capital expenditure eligibility for the research and development tax credit. The NDP has accordingly suggested postponing the changes for five years so that the implications could be studied more carefully.

I would like to know why the government is refusing a measure like this one, which would make it possible to study the changes proposed by the government in greater detail.

Jeff Watson Conservative Essex, ON

We appreciate our American partners, who are making progress on the fast-tracking. On our side, we're taking an important fast-tracking step as well. As you're aware, Minister, this committee took the invitation of the finance committee to study elements of Bill C-45 related to the DRIC crossing.

Ms. Borges, who testified at this committee, was very clear on two key elements of that: one, the reminder that an exhaustive environmental assessment process has already been completed and that clauses 7 through 12 will ensure that the new P3 proponent will be compliant with that environmental assessment and other key measures; and secondly, that by removing the approval permit authorization points, we are removing the points for judicial review in Federal Court. She was confident, she expressed, that the DRIC process will be able to proceed, with the passage of Bill C-45, without further lawsuit.

Do you share the same confidence on those points?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / noon


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Saint Boniface Manitoba

Conservative

Shelly Glover ConservativeParliamentary Secretary to the Minister of Finance

Thank you, Mr. Speaker.

I am thankful for the opportunity to contribute to report stage debate on this vital piece of legislation that is so incredibly important for the continued economic strength of Canada, Bill C-45, jobs and growth act, 2012, which we all know implements key portions of economic action plan 2012.

As Canadians know, in the midst of global economic turbulence, Canada's economy, with the help of our government's pro-growth agenda, has performed relatively well compared to our international peers. Whether it be job creation, economic growth, or our fiscal position, Canada is actually leading the way.

Canadians can take pride that we have seen the strongest job creation record over the G7 in recent years, with more than 820,000 net new jobs that have been created since the recession. The vast majority of those jobs are full-time. Canadians can take pride that we have the best finances in the G7 with the lowest debt-to-GDP ratio by far. The list goes on and on.

It is little wonder that more and more third-party and international observers have applauded our government's economic record. Why do we not listen to some of those observers?

Listen to Finn Poschmann of the C.D. Howe Institute who had this to say: “The economic outlook for Canada is a lot stronger than the rest of the world”.

What about Pier Carlo Padoan, the chief economist of the OECD who declared, “The Canadian economy is doing well. ...the Canadian economy...is doing much better than most of the other advanced economies”?

However, we cannot be complacent, especially at this time. We must remain vigilant and focused on the economy, as we know all too well that the global economy continues to face considerable challenges, especially when we look to the United States and Europe, two of Canada's most important trading partners.

That is exactly what our government is doing with economic action plan 2012, as demonstrated with today's important legislation. Canadians expect their government to be working on and moving forward with exactly this type of targeted, pro-growth and job-creating legislation.

Canadians, who are cautious about the state of the global economy and its possible impact on Canada, want to know that their Parliament is taking the situation equally as seriously. They would be incredibly disappointed if they were to witness their politicians use this opportunity to play partisan games with the Canadian economy. Unfortunately, that is exactly what the Liberal Party did at the finance committee, engaging in a costly, multi-day filibuster. Instead of moving forward with key economic reforms, the Liberal Party decided to play partisan political games, moving thousands of frivolous amendments, mainly only serving to delay economic action plan 2012.

I should note that the Liberals did move a handful of substantive amendments at finance committee and actually argued quite forcefully for them. However, and shockingly, the vast majority of the amendments the Liberal Party actually chose to discuss surrounded tax loopholes.

In fact, in a rare moment of agreement between the government and the NDP, we both expressed our stunned collective disbelief as the Liberal finance critic time and again spoke to demand that we actually leave tax loopholes open and turn our backs on the basic principles of tax fairness. I am still scratching my head trying to figure out why the Liberal finance critic was so adamant that we leave these tax loopholes in place so that a select privileged few could avoid paying their fair share of taxes.

I am proud that our Conservative members stood up to the Liberal Party and voted down every attempt it made at committee stage to leave tax loopholes open. I am also very proud that our Conservative members stood strong for days on end, night and day, and stopped the partisan Liberal attempt to block economic action plan 2012 and its support for the Canadian economy.

As I mentioned earlier, our plan and its elements legislated through the jobs and growth act 2012 is a positive plan for the economy and Canadian families. Indeed, I want to share with Canadians many of the initiatives in this legislation that will assist them and their communities, initiatives that the opposition opposes and is trying to stop.

For instance, our Conservative government is helping build a stronger economy and creating jobs in today's legislation by extending for one year the job-creating hiring tax credit for small business, promoting interprovincial trade, improving the legislative framework governing Canada's financial institutions, facilitating cross-border travel, removing red tape and reducing fees for Canada's grain farmers, supporting Canada's commercial aviation sector and much more.

Today's legislation also helps support families and communities by improving registered disability savings plans, helping Canadians save for retirement by implementing a tax framework for pooled registered pension plans, improving the administration of the Canada pension plan and, again, much more.

The jobs and growth act, 2012 also takes concrete action to promote clean energy and enhanced neutrality of the tax system by, for instance, expanding tax relief for investment in clean energy generation equipment and phasing out tax preferences for the mining, oil and gas sectors.

Furthermore, today's legislation also works to better respect taxpayer dollars by taking landmark action to ensure the pension plans for federal public sector employees are sustainable and financially responsible. We are also closing tax loopholes. We are eliminating duplication and much more.

With all these positive pro-growth initiatives to help the Canadian economy and Canadian families, why would the opposition parties stand in their way and try to block them?

In my time remaining today I would like to focus on one very important initiative in particular that will really support economics in local communities right across Canada by supporting small businesses, especially in my home riding of Saint Boniface.

We all know the importance of small businesses, from the local hairdresser shop to the small manufacturer and more. Canada's small and medium-size enterprises account for 99% of companies. They employ 60% of working Canadians and they contribute about 40% to Canada's GDP, proving to be economic drivers and important sources of job creation.

That is why I am very pleased that economic action plan 2012, through today's legislation, extends the hiring credit for small business, making it easier for businesses to hire more Canadians and growth. By extending the temporary hiring credit for small business, today's legislation will make available a credit up to $1,000 against the small employer's increase in its 2012 EI premiums. This credit would be available to about 536,000 employers whose total EI premiums were at or below $10,000 in 2011, thus reducing their 2012 payroll costs by about $205 million. That is $205 million that our small businesses were able to keep in their pockets thanks to this temporary hiring credit.

This and many other positive initiatives in economic action plan 2012 will help Canadians and the Canadian economy. That is why Canadians support this plan and today's legislation. That is why the opposition should really stop trying to block it and stop the political games. I call on members to put political games aside, focus on the economy and help support the timely passage of today's legislation and economic action plan 2012.

Now on a personal note, as many Canadians know, parliamentarians are here sometimes five days a week and we miss special moments back home. As a result, I was unable to attend a funeral for a friend and I would like to take a moment to talk about Peter O'Kane who died suddenly in an accident at 42 years of age, a police officer I worked with very closely, a friend and a colleague that I admired quite a bit. In memory of Peter, I would like to read a special poem called “Final Inspection”:

The Policeman stood and faced his God,
Which must always come to pass.
He hoped his shoes were shining as brightly as his brass.
“Step forward now, officer. How shall I deal with You?
Have you always turned the other cheek?
To my Church have you been true?”
The officer squared his shoulders and said,
“No, Lord, I guess I ain't.
Cause those of us who carry badges can't always be a saint.
But I never took a penny that wasn't mine to keep,
Though I worked a lot of overtime when the bills just got too steep.
And I never passed a cry for help, though at times I shook with fear.
And sometimes, God forgive me, I wept an unmanly tear.
I know I don't deserve a place among the people here.
They never wanted me around except to calm their fear.
If you've a place for me here, Lord, it needn't be so grand.
I've never expected or had too much.
But if you don't, I'll understand”.
There was silence all around the throne where the saints had often trod.
As the officer waited quietly for the answer of his God.
“Step forward now, Officer, you've borne your burdens well.
Come walk a beat on Heaven's Streets. You've done you time in Hell”.

This is an ode for Peter O'Kane who died recently and I am very apologetic I could not be at the funeral.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / noon


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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I thank my colleague for her question, which gives me an opportunity to reiterate what I said at the very beginning of my speech. She is entirely correct. There are very important measures in Bill C-45, as there are in any other bill.

If she has heard the things I have said in the past, she knows that I nearly always say there are never just bad measures or good measures in a bill. This is why it is so important that the government split these bills, particularly when we know that there are measures that are very important to Quebec, as she so rightly said. That is how we make sure that we talk about registered savings plans or tax measures in a bill that concerns those subjects.

Bill C-45 is a catch-all that contains an unending series of measures. It is 400 or 500 pages long and deals with 70 bills that have nothing in common, be it the environment, employment insurance or taxation. It never ends. About the only thing not included in this bill is the justice system.

What we are telling the government, over and over, is that we have to split these measures. Why did we do this when the issue was members’ pensions, when everyone was in agreement? The government agreed to remove that idea from the bill so we could vote on it separately, probably because, from a political perspective, it looked good. We cut our pensions and members were unanimous on that. It worked well and it went quickly.

If the government can do that for issues that affect members, I do not see why it would not do it for issues that are very important to Quebec and the other provinces.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:45 a.m.


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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I would like to congratulate my Bloc Québécois colleague who just spoke. Obviously, it is extremely important to speak on behalf of Quebeckers here in Ottawa. That is what we intend to do, that is what we have been doing for some time now, and that is what we will do with regard to this bill by introducing specific amendments that affect Quebec in particular.

These amendments also affect other regions. Employment insurance is not exclusive to Quebec. However, my colleague who just spoke gave examples of problems with regard to tourism and agriculture in his region. These types of problems exist throughout Quebec. They also exist in my riding. I will speak about them a little bit later in my speech.

We have presented substantive amendments to emphasize the importance of preserving Quebec's assets. The government wants to make cuts to those assets, by introducing an omnibus bill. We do not understand why the government does not agree to split up this omnibus bill, which the media refer to as a mammoth bill. This has now become the way to describe the Conservative Party's bills. First we had Bill C-38 and now we have Bill C-45.

The countless pages of the bill are flooded with a host of measures that, in the end, will have drastic effects on the everyday lives of Canadians, but people will not find about those effects until later because we do not have time to debate this bill. The government is imposing gag orders. The Conservatives have now imposed about 30 gag orders on bills. Unfortunately, I expect that there will be another one for Bill C-45, and we are lucky to have a chance to speak before that happens.

As a result of these gag orders, parliamentarians are not able to properly debate this type of bill and are being muzzled in committee. A little while ago, I learned from a Liberal colleague that the NDP had accepted or overlooked the time allocation motion. When that happens, the amendments proposed by the other parties are not debated in committee.

Clearly, there is a problem with regard to democracy in this Parliament. This problem is exacerbated by the attitude of the Conservatives, who refuse to present reforms one at a time so that members can debate them properly and vote on them. Whether we agree or disagree, I respect members' decisions because that is democracy. However, we have to be able to have a minimum amount of debate and make Canadians aware of what is happening.

Mr. Speaker, everyone here is an MP, including you. Many people are coming to my riding office to talk about the changes to employment insurance. We are learning more about these changes every day. Why? Because we did not have a proper debate about them in this place. The minister and the government simply refused to split the omnibus bill, in order to create a separate, proper bill that we could debate properly.

Therefore, we are proposing a series of amendments so that we can at least discuss some of the issues. I hope that the parties, and especially the government, will listen to reason and accept these amendments.

My colleague just spoke about research and development. Members are also talking about amendments that affect employment insurance, the environment and labour standards. I proposed an amendment concerning research and development because in Bill C-45 the government has decided to decrease its support from 65% to 55%. That is a substantial decrease in research and development tax credits. Naturally, this will affect investments in the manufacturing and forestry sectors by Quebec businesses.

We know what this Conservative government did to the forestry sector, even though the Minister of Transport is from Saguenay-Lac-Saint-Jean, in the Roberval area, where forestry is vitally important. During the recession that began in 2008, this government favoured Ontario's automotive industry. I am not saying that it should not have. However, billions of dollars were poured into the auto industry while Quebec's forestry industry received peanuts.

Now, the government has introduced an omnibus bill that cuts research and development. We know just how important R&D is for the forestry industry. The government's initial response to the problems in the forestry industry was unfair. Now, it is compounding the problems.

My region, which covers a large part of central Quebec and the Eastern Townships, has a forestry industry and many small and medium-sized businesses. There are also big businesses such as Cascades, in Kingsey Falls, which employs more than 2,000 people in Quebec, the United States and Europe.

It has been in the recycling business since 1964. It makes cardboard, paper, and so on. Pretty much everyone has, at some point, used a Cascades product. Obviously, research and development are the lifeblood of this kind of manufacturing business. The government will probably say that this is not a very big cut, but tax credits are extremely important for the growth of businesses in the sustainable development sector, extraordinary job-creating businesses like Cascades. This is a harsh blow, particularly at a time when the Canadian dollar is so high.

Again, the government will probably say that this is not its responsibility, but when everyone is struggling with the effects of an economic crisis—such as the high-flying loonie—the government has no business trying to drown companies that are managing to keep their heads above water. I am not talking about Cascades. I am talking about all of the companies whose research and development over the years have made them what they are today.

That is especially true for Quebec, and that is why we proposed this amendment. I hope that everyone will consider this matter carefully before agreeing to these cuts. The government is being penny-wise and pound foolish when it should be doing the opposite. It still does not get that investing in research and development pays off. I do not understand how a government that claims to be so focused on the economy can propose measures as unfair as those in Bill C-45.

Some members talked about employment insurance. My Bloc Québécois colleague discussed it in some detail, but I would like to reiterate the importance of protecting what we have. I am not talking about wanting to collect employment insurance. I am talking about making sure that people working for businesses in the tourism and agricultural sectors can do what everyone wants to do, which is keep working close to home. Are the people making these decisions from major urban centres exclusively? It certainly seems that way. Employment insurance affects them too, but the new measures will primarily affect the regions.

I do not think this is what we should do, but in Switzerland, farmers are paid to leave sheep in the fields, not because they are raising sheep and producing wool, but because tourists like seeing sheep in the fields. I am not saying this is what we should do, but some places are aware of the importance of land use.

My colleague spoke about the Gaspé. My father comes from a municipality in his riding, Causapscal. He was born in agricultural area where there is a lot of tourism. As the member pointed out, winter comes every year and there is a period during which seasonal businesses unfortunately do not operate. But as soon as tourist season returns, people line up to take in the beautiful landscapes and all that these regions have to offer tourists.

We have a choice to make: do we want to shut down these regions and ensure that there are no skilled workers able to work there, or do we want to adjust the employment insurance program so that it is fairer to everyone and so that we can protect these jobs that are so important to keeping the regions going? If we shut down these regions, everyone will end up in big cities and major centres, and then we will definitely have a problem with employment insurance.

I wanted to talk about other amendments, but I urge my colleagues in the House of Commons to examine the important amendments very carefully. If we are stuck with Bill C-45 because this is a majority government, we could at least make amendments to improve it before it is passed.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:30 a.m.


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Bloc

Jean-François Fortin Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

Mr. Speaker, I am very pleased to rise to share my opinion on this omnibus bill. I am very happy to speak, but I am very unhappy that the Conservatives are once again trying to shove a bill down Quebeckers' throats that is going to be harmful not only for urban and rural areas but for all Quebeckers.

One of the amendments that I proposed, the one I am speaking about, deals specifically with the federal government's desire to reduce tax credits that are useful to research and development.

For companies and research centres in my area, in eastern Quebec, the Conservatives plan to make very harmful and risky cuts to investment tax credits by cutting the scientific research and experimental development program.

Economic diversification is essential for our region. The Conservatives' cuts to investment tax credits will harm a program that is used by companies that hope to develop new expertise through the college centres for technology transfer. This program allows Quebec companies to claim a tax credit when they sign a contract with the college centres for technology transfer. It therefore encourages these companies to try to diversify and find ways of developing new niches through research, development and creativity.

This program provides direct assistance to companies but also provides indirect assistance to all the centres in eastern Quebec. These centres, which are located throughout the province—and there are eight in my area—help companies to diversify their expertise in more traditional areas. For example, the Merinov technology transfer centre in the Gaspé works in the area of fisheries; the Innovation maritime centre in Rimouski works in the marine industry; the Service de recherche et d'expertise en transformation des produits forestiers de l'Est du Québec in Amqui, in my riding, and the Centre d'expérimentation et de développement en forêt boréale in Baie-Comeau on the north shore, work in the area of forestry; and the Bioproducts Development Center in La Pocatière works in the area of agrifood processing.

These centres play a vital role in strengthening our traditional economy, which is experiencing a downturn. Meanwhile, the Conservatives are lowering tax credits. Thus, the businesses that traditionally worked with the technology transfer centres will lose some of the incentive to diversify. Solutions Novika, in la Pocatière, works in industrial manufacturing and is a very pertinent example.

These cuts will also have an impact on sustainable development. For example, the Centre d'initiation à la recherche et d'aide au développement durable, which is based in Carleton-Sur-Mer, is a technology transfer centre that promoted its services to businesses with tax credits.

But let us rise above the ideological differences we sometimes have with the Conservatives. The Conservatives say that they promote the regions and, according to their slogan “Our Region in Power”, which they used extensively in the last election campaign, they were there to develop the regions.

The regions feel very misunderstood by the Conservatives. I urge them to remove this part of their omnibus bill, as it will be detrimental to innovation spurred by research and development.

I have to speak out about all the changes to the employment insurance program that will hurt the regions. The government laid the groundwork with the previous omnibus bill, Bill C-38. And now Bill C-45 will finish the job, as we say. At present, this program no longer meets the needs of workers who lose their jobs, especially in regions such as mine where seasonal employment is vital to the economy. I am speaking on behalf of workers who lose their jobs at a time of year when there are no more jobs to be had.

The Conservatives do not understand that winter comes around every year in some corners of our great region and that it is impossible for forestry and fishery workers to work during that time. They are trying to penalize these workers by telling them that if they do not try to find a job outside of their region, their benefits will be cut.

This directly targets the regions and drains their pool of skilled workers. This can put a strain on families and on our region's development, but also on the employers that need skilled workers when they are ready to hire again.

The Conservatives are being short-sighted with this very harmful reform. I urge the minister—as I have done many times—to reconsider the reforms she is currently making to the EI program. First and foremost, we can understand the need for a program to help workers get through a difficult time in their lives—one that they did not ask for. No one wants to be unemployed. Forestry, fishery and tourism workers are very important to the regions.

Tourism will be drastically affected by this reform. Not too long ago, I was speaking to a business owner in my region who runs an arts centre. He employs skilled workers, whom he trained. He has diversified his operations over the years. He told me that he had development projects that he invested a great deal of energy into, but that he was not sure if he was going to be able to make his business grow, develop and prosper, because he was not sure that his skilled workers—which represent the determining factor for him—would come back. We are talking about his customer service and his business's reputation.

In a very large region like ours, many representatives from municipalities, businesses, community groups and development agencies have spoken out about how they do not understand the Conservatives' plan. They are wondering—and I have asked the Conservatives this many times—if the Conservatives truly want to shut down the regions. I think we have the answer.

The omnibus bill targets many different things, including the environment. The federal government is once again lowering its environmental criteria. The leader of the Green Party made an eloquent speech about this just now.

The St. Lawrence River, which runs through my riding, is an extremely busy waterway, with rivers flowing into it and ships providing marine transportation. Relaxing the criteria and decreasing protections could cause changes to the quality of waterways, which would open the door to potential dangers. I am talking here about the St. Lawrence River, the sea.

On that note, I would like to talk about the Maurice Lamontagne Institute, a research centre that, since last spring, has been affected by cuts resulting from the Conservatives' desire to cut back on science, to reduce access to knowledge. This knowledge is embarrassing to the Conservatives. The research conducted by the scientists at the institute makes it possible to determine the causes and effects of dumping toxic substances into the river.

The Conservatives are directly attacking science under the pretext of wanting to make cuts. The Department of Fisheries and Oceans must do its part and cut its budget. As a result, organizations such as the Maurice Lamontagne Institute, the largest francophone research centre at Fisheries and Oceans Canada, are paying the price.

I will certainly have another opportunity to talk more about this, since I am going to ask a question today during question period about very specific techniques, extremely precise cuts that may sometimes appear to be innocuous, for example the elimination of two librarian positions and the closure of the Maurice Lamontagne Institute's library.

These cuts are planned and serve to directly promote the Conservative ideology of curbing access to knowledge.

My time has run out. I would like to thank my colleagues for listening to my comments about this omnibus bill. I hope that the Conservatives will accept the opposition's amendments.

The last time, they ignored all the amendments, so I urge them to accept my amendment.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:30 a.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank my hon. colleague for the question.

In my view, the motivation behind the huge changes to the Navigable Waters Protection Act is to eliminate the protection of most of Canada's lakes, rivers and waterways. It is not meant only for pipelines, because before Bill C-38 was passed, developers had to obtain a permit issued by Transport Canada for any pipelines that went through navigable waters. Since Bill C-38 was passed, pipelines are no longer included in the groups known as works and undertakings.

Pipelines were specifically excluded in Bill C-38.

The decision in Bill C-45 to reduce the protection of navigable waters has to do with mines, dams and all other aspects that present a danger to Canada's waterways.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:25 a.m.


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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I am pleased to ask the Green Party leader a question about the Conservative Party's intentions regarding the changes to the Navigable Waters Protection Act in Bill C-45.

Can she tell us what she thinks is behind those changes? Personally, I think those changes are meant to speed up the pipeline approval process and ensure that there is no legislation standing in the way of that development.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:15 a.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am pleased to rise today to speak to yet another budget omnibus bill. I suppose I should not use the word “pleased”.

I want to first make a few comments on the subject of omnibus bills and what we have seen in this one year. We essentially have seen budget 2012 used as an excuse for the tabling of 900 pages of legislation largely unrelated to the budget itself. This exercise is both illegitimate and undemocratic in combining 70 different bills in Bill C-38, allegedly related to budget 2012, and now 60 different bills in Bill C-45.

I have fewer amendments today than I had tabled for Bill C-38 and Canadians might want to know the difference. Bill C-38, while a couple of pages shorter, did far more damage to the fabric of environmental laws in Canada. Bill C-38 took an axe to our Fisheries Act, destroying habitat protections; , repealed the Environmental Assessment Act; and put in place a substitute piece of legislation that would be an embarrassment to a developing country. It was absolutely abominable.

In Bill C-38, we also saw the explicit removal of pipelines as a category of obstruction under the Navigable Waters Protection Act. I would have thought that the Conservative agenda toward pipelines was satisfied with Bill C-38, but we go on to Bill C-45 and see that the attack on environmental laws includes the evisceration of the Navigable Waters Protection Act.

In Bill C-38, I made the case, as members may recall, to ask the Speaker for a ruling that the bill was out of order and not properly put together. I think we need to revisit the rules and to create some rules t around omnibus bills because this is clearly illegitimate.

In Bill C-45, we have proof of how appalling the process was in Bill C-38 in that some of what we are voting on this week are remedies for errors made in the drafting of Bill C-38. These were obvious errors that could have been caught if the normal legislative process had taken place.

Now we are asked, in Bill C-45, to correct drafting errors made in Bill C-38 where the English does not accord with the French, or where, under the Fisheries Act, they forgot to protect certain aspects of navigation through the fisheries corridors where there are weirs and other fishing apparatus. We also have changes to the Environmental Assessment Act because of poor drafting the last time around. Why was the drafting poor? It was because 70 different laws were put together in one piece of legislation and forced through the House without a willingness to accept, in 425 pages of legislation, a single amendment.

This is not proper parliamentary process. No previous Privy Council in the history of this country has ever equated an amendment to a bill between first reading and royal assent as some sort of political defeat that must be avoided at all costs. This is a level of parliamentary partisanship that takes leave of its senses. It is essentially a form of parliamentary insanity for the government to decide that it cannot possibly accept an amendment from first reading to royal assent and then to come back and give us this which finally provides some of the corrections.

I will speak to my amendments relatively quickly. I want to stress that neither Bill C-38 nor Bill C-45 are really about jobs, r growth or the budget. I will highlight the things in Bill C-45 that I hope to amend because they will hurt jobs.

Bill C-45, the omnibus budget bill, would hurt jobs in tourism through this quite extraordinary proposal, which is not a proposal but will be passed into law unless we are able to persuade Conservative members of Parliament that they should vote for what they think is right and not how they are told, ordered and instructed to vote.

When tourism in this country is such an important part of our economy, it makes no sense to pass into law a requirement that tourists from around the world, from countries that do not currently require a visa to come to Canada, regardless of whether they have any aspersions on their character, whether they are considered to be a risk, every tourist to Canada, except those from the United States because of our agreements over a shared border security process, would need to fill out a form to find out if they are allowed to come here for a vacation. This is a terrible change and it would significantly hurt tourism.

Another terrible change is reducing the tax credit, the SR and ED, the scientific research and experimental development tax credit. This is where Canada lags. If we listen to the economists, there is tremendous concern about our competitiveness and productivity, which is directly related to research and development, and to why we need to have the scientific research and experimental development tax credit available to Canadians. We think it would be a big mistake to reduce that.

I will now talk about what I like in Bill C-45. The assumption is that every opposition member hates everything in Bill C-45. That is one of the reasons I object to omnibus bills. There are measures here that I would vote for were they not coupled together with so much destruction. I would vote for the actual budgetary measures that one finds at the beginning of Bill C-45, the tax credits to encourage investment in clean energy and energy efficiency. They are too small but I am certainly not against them. Rather, I am for them.

I would vote for the closing of some of the tax credits to encourage oil and gas development, such as the Atlantic investment tax credit for oil, gas and mining, and for the corporate mineral exploration and development tax credit. I would also vote for the closing of the loopholes in transfer pricing and foreign affiliate dumping that have been used by corporations to avoid paying their fair share of taxes. Those are the measures I would vote for.

What deeply disturbs me in this bill, in addition to the measure that I had mentioned to create a new requirement for filling out a form to come to Canada under immigration, is the elimination of the Hazardous Materials Information Review Commission. My amendments would keep that commission in place.

As well, we could do more with the hiring credit for small business.

The changes to the Fisheries Act are largely to repair mistakes made by the Conservatives to the Fisheries Act that had weakened it. They are now fixing some of what they did not need to weaken so desperately. However, we have suggested an amendment to allow for the definition of “aboriginal fisheries”, on the basis of first nations advice, to ensure that the definition is fully respected and takes into account the constitutional and treaty rights of first nations in any definition of “aboriginal fisheries”.

Before moving on to the Navigable Waters Protection Act, I wish to speak to the Canada Grain Act. My amendments oppose a move to take away the independent bond actors in terms of looking at Canadian grains. The third party inspection that is now being proposed would create a conflict of interest between the private sector and the grain companies. We think that would be a mistake. We have certainly learned from the XL Foods beef scandal that it is important to ensure that inspections are truly independent.

The bulk of my amendments deal with the Navigable Waters Protection Act. The Conservatives have taken three runs at it through three different omnibus bills, the first being in 2009. The objective definition of what is “navigable” was changed to a discretionary definition wherein “navigable” would mean whatever the Minister of Transport says that it means.

In Bill C-38, just this past spring, the Conservatives took another run at the Navigable Waters Protection Act with the specific exclusion of pipelines as works or undertakings. Pipelines are no longer in the Navigable Waters Protection Act. These new amendments are certainly not about pipelines because the Conservatives took care of that in Bill C-38.

What this does is it takes an act that we have had since 1882 that directly comes from the Constitution of this country, that being the federal responsibility for navigation. The Navigable Waters Protection Act, which was brought in by Sir John A. Macdonald, has protected the rights of Canadians to put a canoe or kayak in any body of water and paddle from there to wherever they want to go. As Canadians, we have a right to navigation. This is now being superseded with the false story that there is somehow a burdensome regulatory amount of red tape that offends people in municipalities. Therefore, we need to blow apart the Navigable Waters Protection Act to say that a body of water is only navigable if it can be found in the schedule at the back of the act. Ironically, the 99.5% of Canadian waters that are not listed there are not ones near municipalities, cottages and people who want to build wharfs, but are in our wilderness areas where, without the Navigable Waters Protection Act, nothing stands in the way of obstructions to navigations for Canadians.

The government will tell us that is all right because Canadians have a common law right. If people have a couple of hundred thousand dollars and are prepared to go to the Supreme Court of Canada to defend their right to use a waterway that is not listed, they can do that. However, this is an egregious abdication of responsibility for a federal head of power that no other level of government has the right to step up and fill the void.

I urge my colleagues on all sides of the House to give due consideration to these serious and important amendments.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11 a.m.


See context

NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, it is important that we have a substantive and factual debate when it comes to important legislation such as the federal budget, so let me change the tone from never-never land to the facts.

We are facing incredibly serious challenges in our country. We have consulted with Canadians right across the country. We have held public hearings and we have heard first-hand the serious concerns that Canadians have, concerns about the all-time record high personal debt that Canadians face.

We have heard about the unemployment levels, where more than 300,000 Canadians are still unemployed than were before the downturn in 2008, where youth unemployment is double that of the rest of the country and so many of our young people cannot get a start in life. They are facing very high student debt. They are starting out with incredible economic burdens, yet they cannot find decent jobs.

We have also heard about the growing inequality in Canada, the fourth highest growth in inequality of the OECD over the last 20 years, a global scourge is what the Economist magazine has called growing inequality around the world and, sadly, in Canada as well.

We have heard about the impact on people's health that growing inequality creates. We have heard about the reduction in life expectancy. We have heard about the impact of other social factors. We have heard about the lack of housing, the lack of investment in child care, in mental health strategies, the lack of a program for child nutrition and the lack of investment in pharmacare, the fastest growing cost in our health care system.

We heard from boards of trade and chambers of commerce about the lack of investment in infrastructure and the economic drag on our GDP to the tune of billions of dollars each and every year because of the lack of an infrastructure strategy and concrete dollars invested in infrastructure.

We have heard about the skills deficit, where young people in certain communities, like aboriginal communities, cannot get the skills they need to take advantage of job opportunities because the government is failing, failing first nations, failing young people, failing those facing inequality and unemployment.

Yet we see a budget that not only does not invest in health care, for example, but reduces health care expenditures to the tune of tens of billions of dollars in coming years.

We have, with Bill C-45, another massive omnibus budget implementation act. This spring we had a huge Trojan horse budget bill. We complained about it, protested about it and opposed it. We called for more time. What did the government do? It brought in an even bigger omnibus budget bill this fall and gave us less time and less opportunity to debate it. We want to have a substantive debate about the serious concerns that Canadians face.

The budget overall reduces the opportunity for Canadians to get old age security, increases the age from 65 to 67, which means more people will live in poverty. It reduces the investment in research and development tax credits, the SR&ED tax credit.

We heard from manufacturers, exporters and other experts. Concretely, this will take millions of dollars out of the manufacturing sector, out of economic development. It will cost jobs for Canadians at a time when we already face high unemployment. It will change and cut public sector pensions, and we heard from the public sector on this, and it guts environmental protection.

We saw the Environmental Assessment Act attacked, gutted, this spring. Now we see this fall, changes to the Navigable Waters Act that will basically remove the majority of lakes and rivers in Canada from environmental protection. Instead of Navigable Waters Protection Act, it becomes the navigation act. In other words, it is to facilitate navigation, changes, construction, pipelines perhaps, rather than protect our valuable water resources.

With the budget implementation bill this fall, we see changes to over 60 pieces of legislation. There are some changes here that we, as the New Democratic Party, support. For example, there is a completely new bill included in the act, the bridge to strengthen trade act, which would create a new bridge between Windsor and Detroit. We support that and think it would be a positive change. There is also a very small tax credit for small business hiring, which we support. There are also some minor changes around environmental tax credits that we support.

However, these changes are all bound up with many other changes that we do not support. For example, the bill would continue the give-away each and every year to the oil and gas sector to the tune of $1.3 billion, which we do not support. It would also make changes to the Fisheries Act, which we do not support.

The bottom line is that we have not had the time to adequately examine this massive omnibus bill. Rather than it going to other committees where, in some cases, there were just one-day meetings on it, the bill should have been divided up and appropriately studied by the relevant committees, which could have drawn upon the expertise of witnesses and members of Parliament for a thorough examination and debate to make the best decisions possible on behalf of Canadians.

The bill and this budget pretend to be about job creation, a point that I want to address.

The Parliamentary Budget Officer is saying that this budget would directly cost Canadians some 43,000 jobs. Combined with other cuts, it would probably mean more than 100,000 jobs lost. He has said that because of the budget's austerity measures, it will be a drag on our gross domestic product.

Now we have the Minister of Finance saying that the government's projections were wrong. This year, next year, the following year and year after that, their projections will be wrong to the tune of $33 billion. They are supposed to be good economic managers, but, quite frankly, they are mismanaging what is a very serious situation for Canadians. This is costing people their jobs, and it will cost even more jobs with things like the changes to the SR and ED tax credit at the same time the government is gutting environmental protections in this country.

The budget bill once again raises serious concerns about transparency and accountability. Not only would it remove accountable commissions and boards and concentrate more power in the hands of ministers, the very act of cramming everything into this one omnibus budget bill means that we parliamentarians cannot properly hold the government to account.

The Parliamentary Budget Officer had to take the unprecedented step of taking the Conservative government to court. The Office of the PBO was created by the government, but the PBO is now having to take the government to court to get basic information that parliamentarians need to do their jobs.

I want to reassert in the strongest possible terms that we are against this omnibus budget bill and the process of cramming far too many things into one bill. We are against the fact that the Conservatives are not standing up for Canadians by investing in the programs and protections that Canadians need. They are not doing the job in terms of creating employment and job opportunities for Canadians.

We will oppose this bill in the strongest possible terms. Here in the New Democratic Party, we will stand up for Canadians. We will do the job on behalf of Canadians.

Speaker's RulingJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 10:25 a.m.


See context

The Speaker Andrew Scheer

There are 1,667 motions in amendment standing on the notice paper for the report stage of Bill C-45.

Motions Nos. 241, 387 and 388 will not be selected by the Chair since they require a royal recommendation.

Motions Nos. 4, 39 and 62 will not be selected by the Chair as they should have been preceded by a ways and means motion.

Motion No. 1085 will not be selected by the Chair as it could have been proposed in committee.

Motions Nos. 2, 5, 6, 8, 10, 12 to 17, 19 to 21, 23, 24, 27, 28, 31, 33, 41, 43, 45, 47, 49, 51, 53 to 60, 66 to 73, 75 to 77, 79 to 82, 85 to 94, 98, 107, 117 to 130, 132 to 135, 137, 141, 148 to 150, 152, 154, 156, 161, 238, 239, 244, 247, 250 to 252, 255 to 277, 283 to 285, 290, 291, 298, 301, 342, 343, 358 to 360, 367, 391, 403, 406, 408, 412 to 414, 416 to 418, 420, 421, 424, 425, 427, 429 to 437, 439, 441, 444, 447, 450 to 453, 462, 468, 496, 576, 584, 585, 593, 609, 668 to 1084, 1086 to 1336, 1339 to 1547 and 1549 to 1667 will not be selected by the Chair as they were defeated in committee.

Motions Nos. 1337, 1338 and 1548 will not be selected by the Chair because they are repetitive.

All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76.1(5) regarding the selection of motions in amendment at the report stage.

The motions will be grouped for debate as follows.

Group No. 1 will include Motions Nos. 1, 3, 7, 9, 11, 18, 22, 25, 26, 29, 30, 32, 34 to 38, 40, 42, 44, 46, 48, 50, 52, 61, 63 to 65, 74, 78, 83, 84, 95 to 97, 99 to 106, 108 to 116, 131, 136, 138 to 140, 142 to 147, 151, 153, 155, 157 to 160 and 162.

Group No. 2 will include Motions Nos. 163 to 237, 240, 242, 243, 245, 246, 248, 249, 253, 254, 278 to 282, 286 to 289, 292 to 297, 299, 300, 302 to 341, 344 to 357, 361 to 366, 368 to 386, 389, 390, 392 to 402, 404, 405, 407, 409 to 411, 415, 419, 422, 423, 426, 428, 438, 440, 442, 443, 445, 446, 448, 449, 454 to 461, 463 to 467, 469 to 495, 497 to 575, 577 to 583, 586 to 592, 594 to 608, and 610 to 667.

The voting patterns for the motions within each group are available at the table. The Chair will remind the House of each pattern at the time of voting.

I shall now propose Motions Nos. 1, 3, 7, 9, 11, 18, 22, 25, 26, 29, 30, 32, 34 to 38, 40, 42, 44, 46, 48, 50, 52, 61, 63 to 65, 74, 78, 83, 84, 95 to 97, 99 to 106, 108 to 116, 131, 136, 138 to 140, 142 to 147, 151, 153, 155, 157 to 160, and 162 in Group No. 1 to the House.