Jobs and Growth Act, 2012

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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

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

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

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 AmendmentEconomic Action Plan 2014 Act, No. 1Government Orders

June 4th, 2014 / 8:15 p.m.


See context

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I always take great pleasure in being able to rise and speak in Canada's Parliament, in our House of Commons.

It is an incredible privilege and honour, certainly to do so on behalf of the people of Skeena—Bulkley Valley, in the northwest of British Columbia. This is a region of the country that is incredibly proud, with its diverse and important history. Also, it has struggled, particularly with regard to creating jobs, and it has watched many of the major sectors suffer.

One of the great abuses that has been heaped on that challenge by successive governments is the inattentiveness to what actual Canadians are concerned about, the proper way to create jobs and wealth in this country.

We have struggled, particularly when we watch governments that grow so arrogant over time that they choose a form of governing that is disrespectful and disregarding of some of our most primary and fundamental democratic instincts.

I have some quotations, because it is not just me saying this about the process we are engaged in here today on this particular bill. Let me quote from somebody sitting in cabinet right now.

Mr. Speaker, here we go again. This is a very important public policy question that is very complex and we have the arrogance of the government in invoking closure again. When we look at the Liberal Party on arrogance it is like looking at the Grand Canyon. It is this big fact of nature that we cannot help but stare at.

That is what the Minister of Industry said when the previous Liberal government used an omnibus bill, this technique of ramming all sorts of pieces of legislation into one. That omnibus bill was one-third the size of the one the Conservatives have just introduced. This must be three times the size of the Grand Canyon with respect to arrogance.

This happens to governments, especially ones that age badly over time, as the government has done. We can look at the list of omnibus legislation over the last number of years. Bill C-13 was 644 pages; Bill C-38, which was often called the pipelines enabling act, gutting environmental and safeguards we have within the Fisheries Act, was 425 pages; Bill C-45, further gutting protections for Canadians, was 400 pages. There was Bill C-4, Bill C-60, and now this one, Bill C-31, at almost 300 pages affecting 60 pieces of law.

I have a stack of quotes from Conservatives, from the Prime Minister to many ministers in his cabinet, decrying the abuse of Parliament that had been done under Liberal majority governments. It seems that they paid too close attention, but took all of the wrong lessons from the previous government. In fact, they took that and somehow tried to normalize it.

We do not think it is normal. We do not think it is proper and good for a government to try to ram these pieces of legislation through, invoking what is called time allocation or closure, shutting down the debate at every stage. In this case, the government shut it down after 20 minutes of debate. It brought in time allocation and said, “That is enough of this whole debate thing, this whole democracy thing. Let us allocate the time and shut down opportunities”.

I remember the Prime Minister, when he was in opposition, decrying the fact that he might only get 10 minutes and that many members of Parliament would not get any time at all. That is exactly what the same Prime Minister is now doing.

That is on the process. It is an absolute farce when the government pretends that any sort of proper oversight was given to this bill. I have sat on the committee, and my Conservative colleagues know full well that as the shutting down of witnesses and debate at committee happens, the government starts racing through pages and pages of legislation. In fact, it had to amend its own bill before it even left the committee stage, because it had made so many fundamental errors. It was going to deprive seniors of some of their pensions, inadvertently.

Constitutional experts that the Conservatives say are the best, like Mr. Hogg, who the Conservatives rely on for advice, have come forward and said there are whole sections of this bill that will not only be challenged in our courts for charter infringement, but those challenges will succeed.

The government is going to introduce legislation that it knows full well is likely to fail a charter challenge, which is going to cost Canadians millions through our tax dollars for all the lawyers that it takes to go through all the series of courts up to the Supreme Court, but it will also cause all the pain and aggravation for those who suffer under a law that is not constitutional in the first place.

This is a movie we have seen before from the government. Time and time again, when we get references for bills that are unconstitutional from all the advice we can gather, the government chooses playing politics over good policy and brings them in anyway.

Let us look at aspects of this 360-page monster.

Let me start with something that is not in here, which the small businesses in Canada were calling for. It was a proposal first put forward by New Democrats in the last election: a small-business hiring tax credit.

Here is the fundamental idea in this very good idea. This was a small-business initiative that Jack Layton and the NDP proposed that said, “Let us help out small businesses in hiring those people, but in giving that tax credit we want to connect it to an actual job being created”. I know this is radical economics over here, where we suggest that if we give a tax credit to the private sector from the public, there should be something in return, like a job created.

The tax credits and the tax breaks that the Conservatives prefer and, to be fair, so did the Liberals before them, in the order of tens of billions of dollars, had no strings attached. I remember Mr. Flaherty, our dear friend, criticizing the private sector for sitting on half a trillion dollars of what is called “dead money”. This is money that had been accumulating in the private sector in the private enterprises in Canada that they were not reinvesting. It was just a hope from the Conservatives: here are the tax breaks to the banks and the oil sector; here is a hope that they will actually do something with the money rather than sit on it or just do stock dividends. They hope that they are going to reinvest it back into research and development, reinvest it back into hiring more Canadians and expanding their business, but there are no strings attached to that deal. The Conservatives were very happy to let that go.

Also, many of those tax breaks were done when the government was running a deficit, so it was borrowed money. As all Canadians know, because they have borrowed money at some point, borrowed money always costs more. It was borrowed money that was then sent to the private sector in Canada with no strings attached.

This was one good idea that over half a million Canadian small business owners applied for and used, this small-business hiring tax credit. We would think that, somewhere in the 360 pages, the Conservatives would have found a way to include that one measure in this budget implementation act. It is one measure that worked, that was being applied for, that Canadian business owners enjoyed, and that had helped create more than half a million jobs in small and medium-sized businesses. However, it is not here.

What is in the bill is interesting. There is the Hazardous Products Act. There are all sorts of changes to how we would handle hazardous products. There are changes to the Supreme Court. There are changes to our privacy rights in this bill.

Extension of Sitting HoursGovernment Orders

May 26th, 2014 / 12:45 p.m.


See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I saw the member for Skeena—Bulkley Valley rising. I am sure he would have pointed out that, according to the Canadian Chamber of Commerce, in 2013, of the jobs the current government managed to cobble together, 95% were actually part-time, and we have 300,000 more unemployed than we did the year before. Therefore, the Conservative government, I guess in keeping with not showing up to evening sessions, is a part-time government. The Conservatives are only able to stimulate the economy with part-time jobs, and that is not even going. I know my colleague for Skeena—Bulkley Valley would also mention the fact that tens of thousands of jobs were lost last month.

We are talking about a government that right now does not seem to be doing much right.

It is rather sad that the government is again moving this motion that it is imposing with its majority. The NDP is always willing to work evenings. There is no doubt about that and we have proven it many times. Every June since 2011, NDP members were always in the House ready to debate bills and provide advice. The problem is that this government does not listen and is not prepared to listen to good advice. I will come back to that in a moment.

We are very familiar with the results. We know that bill after bill has been rejected by the court. The government is then often required to make amendments to the botched parts of the previous bill. The government seems to want to bungle everything, not just services to Canadians, but also the legislative process that leads to the introduction of appropriate bills and proposed amendments to improve bills in order to help Canadians. This process does not seem all that complicated, but it is unfortunately often botched by this government.

I am referring to the Conservatives' use of closure and time allocation motions, which is on par with their use by the Liberals when they were in power. It is appalling that this government systematically wants to shut down debate and deprive members of their right to speak. Each time, 280 members, on average, are deprived of their right to speak. The Conservatives vote for these closure motions. That is ridiculous.

In ridings where a Conservative member was elected—I am not so sure they will be re-elected the next time—that member takes away his own opportunity to speak on behalf of his constituents. The Conservatives say they want to shut down debate and therefore they do not want their constituents in Calgary, Red Deer, Lévis or any other riding to be represented in the House of Commons. They want to shut down debate. Thus, the vast majority of Conservative members seldom talk about the needs of the people in their riding or bills introduced in Parliament.

The Leader of the Government in the House of Commons has just stood up and said that the Conservatives are going to work harder, but that also happened last year. My colleague from Skeena—Bulkley Valley knows what I am talking about. Last year, the Conservatives were not in the House to speak. One evening, there was six hours of debate and only a single Conservative member was in the House to speak. Only one Conservative member spoke in six hours. The government moves time allocation and closure motions, and the Conservative members remain silent instead of speaking.

Members of the NDP, on the other hand, are always in attendance when the sitting hours of the House are extended. We are always there to fight, to improve bills and to solicit comments about bills. Meanwhile, the Conservatives are nowhere to be found. They do not come to the House, or perhaps one of them will show up over the course of the evening. As we said earlier, during the debate on S-12, no Conservative members came to speak about the bill. Not one, and we were there for six hours. What were they doing?

I do not know. It is not as though they were out consulting their constituents. The Conservatives are not here. They are not speaking.

I am going to come back to this momentarily, but the result is that we end up with botched legislation because the government does not listen and the Conservative members do not even speak on behalf of their constituents. Honestly.

We receive a generous salary from our constituents, the taxpayers. We are here to work to help our ridings move forward. I represent the riding of Burnaby—New Westminster. It is my duty to be in the House to stand up for the interests of the people of Burnaby—New Westminster.

If members decide to stop speaking, to systematically go along with the government's time allocation and closure motions and therefore deprive their ridings of the right to speak and if, on top of that, members do not even show up for the evening sessions in the House of Commons to contribute to the debate and the legislative process, then this approach becomes a complete sham.

I am fairly certain—and I would take a bet with any Conservative member—that this year, we will have the same problem as we did last year and the year before: 90% to 95% of the time, the NDP, or sometimes other opposition members, will be speaking and the Conservatives will not even be here.

The reasoning behind this motion does not make sense. The Conservatives are not the ones who will be here working. The Conservatives will not be here representing their constituents. The Conservatives will not be here giving passionate speeches about their ridings. They will not be here.

The proof, as we will soon see, is the way this motion is structured. The way the government decided to structure the motion is evidence of how much it will once again diminish the democratic rights all Canadians value so strongly. Canadians across the country want us to be in the House. They want us to represent them, regardless of where we are from.

For example, my colleague from Sherbrooke is an extraordinary young man, and he does a good job representing his riding. He is always in the House and speaks often. He is here; he represents his riding. He understands how important it is to represent Sherbrooke in the House of Commons. The same goes for my colleague from Hochelaga. Her riding is not the wealthiest riding in Canada. The average family income in her riding is below the average. She is always here representing the people of Hochelaga and talking on their behalf. She gives speeches on the importance of affordable housing. That is because she understands her role as member of Parliament.

Members on the Conservative side, on the other hand, refuse to speak at second reading or at report stage because there is a time allocation motion, and they refuse to show up on evenings when we have extended debates. How can the government expand the scope of its activities when it does not listen and when government members refuse to speak on behalf of their constituents? They refuse to defend government bills, they refuse to take action, they refuse to present amendments and they refuse to offer anything at all when it comes to legislation.

In such circumstances, voting Conservative does not mean a great deal. When people voted for the Conservatives, they voted for members who are controlled by the Prime Minister's Office, not members who rise in the House, defend their constituents' rights and speak on their behalf.

I want to speak to the motion now because I know that many of my colleagues are reading it. We want this to be a useful study of an important motion. For those who are watching, I will go step by step.

To begin, the majority government, as usual, wants to force a decision on the House. Unfortunately, debate and democracy are foreign concepts for the Conservatives.

They are proposing that commencing upon the adoption of this order and concluding on Friday, June 20, 2014, on Mondays, Tuesdays, Wednesdays and Thursdays, the ordinary hour of daily adjournment shall be midnight, except that it shall be 10 p.m. on a day when a debate, pursuant to Standing Order 52 or 53.1, is to take place.

As I said, we do not object to working until midnight. However, what actually happens is that the members opposite rarely show up to speak in the House. Opposition members are the ones who really contribute to the debates, and that is a major problem. If the government listened to us, it would not be problem, but that is not the case.

This has caused many problems with bills in the past. More than once we had to make amendments to botched bills with subsequent legislation, or, again, the Supreme Court clearly indicated that the bills were not in order.

Today, the Conservatives are proposing that we adjourn at midnight, or 10 p.m. if a debate pursuant to Standing Order 52 or 53.1 is to take place. That refers to emergency debates.

My colleagues in the House, including the hon. member for Laval—who works very hard for the people in his riding—and the hon. member for Montmorency—Charlevoix—Haute-Côte-Nord, are always listening to their constituents and are always ready to raise questions that often result in an emergency debate.

A few weeks ago, in fact, an emergency debate was held in accordance with Standing Orders 52 and 53.1. That debate on the kidnapping of young Nigerian schoolgirls by the terrorist group Boko Haram was proposed by the member for Ottawa Centre. Many people from across the country came here to attend the debate, and people were still talking about it when I returned to my riding, Burnaby—New Westminster, last week.

Now the government wants to prevent us from holding emergency debates before 10 p.m. If the Chair decides that there is to be an emergency debate, that debate cannot begin before 10 p.m. For working people in eastern Canada, who have families and work hard, that is late. They will be denied their right to tune in.

It will not be so bad in my riding because of the three-hour time difference. For example, 10 p.m. here is 7 p.m. back home. That is a reasonable time. However, for the vast majority of Canadians, this government motion deprives them of their right to tune in to the emergency debates that will take place in the coming weeks.

Second, when we look at the second clause of this motion, which deals with recorded divisions, we see that what the Conservatives would now do is put in place a voting system that would have votes occur at the conclusion of oral questions, in the middle of the afternoon. This proposal reveals the whole intent of the government.

The Conservatives say that they want to work harder. We have already ripped up that argument by showing that when they said they wanted to work harder that last year, over 90% of the time it was not Conservatives but New Democrats doing the work. Only one Conservative member would show up every night to speak in the House of Commons, so this idea that somehow the government wants to work harder is simply not true.

Paragraph (b) deals with recorded divisions demanded in respect of any debatable motion before 2 p.m. on a Monday, Tuesday, Wednesday, or Thursday. In this case the vote would stand deferred until the conclusion of oral questions on that day, while if a division is demanded after 2 p.m., it would stand deferred until the conclusion of oral questions on the next sitting day.

What the Conservatives would do is basically do away with those evening votes. Not only do they not show up to speak, but they also do not even want to show up to vote. This could be perhaps the laziest motion ever put forward in the House of Commons by the government. It is far from wanting to work harder, as we have shown quite clearly when 90% to 95% of the time it is the New Democrats carrying the heavy load.

We are fine with carrying the heavy load. We come from humble roots and we are hard workers. Everybody acknowledges that, and that is why 90% to 95% of the time it is we who do the hard work in the House.

However, now the Conservatives want to even do away with evening votes. They are saying, “No, that is too hard. It is too hard voting at 6:00 or 7:00 at night. We do not want to show up to speak”.

This is a licence for laziness. That is what the government has brought forward. The Conservatives want to make sure that motions are voted on around question period time so that folks can show up around question period and then do whatever it is that Conservative MPs do in the evening. I have no idea of that.

I should also point out that, in this motion, the same goes for private members' business. Where this motion mentions Wednesdays governed by this order, it says that recorded divisions will be deferred until the conclusion of oral questions on the same Wednesday. As for other private members' business, the motion says that this too will be deferred until the conclusion of oral questions on the same Wednesday. That is the same thing.

This is really a licence for laziness. As we have shown, 90% to 95% of the time, the Conservatives are not the ones showing up to speak in the House. They do not want to vote in the evening, not even on private members' business. They want to curtail all of these activities and make sure that no votes happen in the evening.

What difference will that make? The NDP will still be here working. We work hard. We have a reputation for working hard. We come from humble roots and we represent our ridings well. I know that the members here this afternoon are very hard-working, and we will continue to work hard. Votes, including votes on private members' business, will now be held in the afternoon. That means the Conservative members will have their evenings free.

That is really the problem. As we move through this motion, we see time and time again that this is like a giant recess for the Conservatives. They have structured this so that they do not have to have votes in the evening anymore. They do not show up to speak in the evening 90% of the time, depending on the evening. It is New Democrats who actually put in the representation of their ridings. What we are seeing again is the Conservatives, through this motion, giving themselves an evening off.

The real clue to what the Conservatives are doing, this licence for laziness, is that they will not show up to speak or to vote, but they are telling the NDP that we can do our stuff and speak on behalf of our constituents. They have also proved that they are not willing to listen to the good advice we offer them, which is why they got into so much trouble having to amend legislation they brought forward previously and having pieces of legislation rejected by the Supreme Court. If they had listened to us and to Canadians, they would not be in so much trouble.

The key to this is paragraph (h): “No dilatory motion may be proposed, except by a Minister of the Crown after 6:30 p.m.” The essence of the motion is that Conservatives will not show up to speak in the House of Commons. They will not show up to participate, because they do not do that; they let harder-working members do that. They will also not show up to vote in the evening. They will not show up to vote on private members' legislation, and they will not show up to vote on public legislation. That is why they want the votes after question period, when it is convenient.

That means that the Conservatives are shutting down the rules of the House so that only they can use them. It is incredible. If we had not been through Bill C-23, in which they were trying to cook the next election campaign, it would be unbelievable that after all the decades, a century and a half and more of Canadian parliamentary democracy, a government would say that the rules will exist, but the government members will be the only ones who can use them. Only Conservatives can use these rules. Only a minister of the crown can use these rules.

We will have this period. I know it, because we went through it. The member for Skeena—Bulkley Valley knows it full well, because I think he probably spent more time in this House than any other member. Night after night, there will be no Conservatives here wanting to speak, or maybe one member of Parliament from the Conservative Party will want to speak. However, the Conservatives will not show up to vote, because they are having all the votes deferred to question period, when it is convenient for them, and they are now saying that all the rules of the House apply only to them. Only they can use them. They are basically putting handcuffs on every single member of the opposition. They are saying that only a Conservative can use the rules that normally function that make this democratic place a democracy. Only the Conservatives can use them. It is unbelievable.

If we had not been through the unfair elections act, where the Conservatives were trying to subvert the next election campaign, we would actually think this could not be Canada. These are not Canadian values. That is what they are doing. They are putting in, and writing it out so that any Canadian can see, “No dilatory motion may be proposed, except by a Minister of the Crown after 6:30 p.m.”

This is not an approach to try to work harder. The Leader of the Government in the House of Commons was trying to slide that by us a little while ago, and we simply do not believe it. The evidence simply shows that this is not the case. Conservatives will not be showing up to speak in the House. They did not last year. They did not the year before, and 90% to 95% of the time they let the heavy lifting be carried by New Democrats. We are strong, we are tough, and we do not mind doing it. We will do an even better job in 2015 once we are the government. That is when we will really see changes, when the heavy lifting actually benefits people directly through good governance.

I can tell members something else we will not be doing. It is what I mentioned half an hour ago.

I am enjoying this. I am not sure when I am going to sit down, actually. I think my colleagues from the NDP are appreciating it too.

I just want to mention what happens when due diligence is not done. Conservative members should know this, but they are muzzled. They vote for time allocation and muzzle themselves, so they do not actually speak on legislation in the House. There are 280 MPs, on average, who have their right to speak on legislation ripped away every single time, the dozens and dozens of times, the government has used closure techniques. Sometimes it calls it time allocation, but it amounts to the same thing; it is closure. Every time the government does it, 280 MPs, on average, are denied their right to speak. They do not show up to the evening session to speak. One does, and that is normally it. Then 90% to 95% of the heavy lifting is done by the NDP.

What is the result of this? I will give three examples. I could give tons of examples. I could probably speak for 14 hours on bad, botched Conservative legislation. I could do that, Mr. Speaker, and I am sure you and the public would find it interesting, but eventually we are going to have to go to question period. I am going to mention only three examples.

The Conservatives rammed Bill C-38 through the House without due care and attention and without showing up for evening sessions. Bill C-38 was one of the omnibus bills. The member for Skeena—Bulkley Valley raised major concerns about it at the time. The Conservatives botched the bill. They botched it so badly that the next bill they introduced had to fix the mistakes they made in the first bill. They rammed Bill C-38 through the House with time allocation. It was omnibus legislation, which was quite all right, except it was wrong. It was badly botched in a way only the Conservative government could do it.

It was so badly botched, the government had to introduce another piece of legislation, Bill C-45. Bill C-45 had to fix all the problems in the previous bill. Was that a good use of taxpayers' money? Was it a good, use of this legislative process? The government rammed through Bill C-38 but botched it so badly that it had to bring another piece of legislation in to fix it. That is like bringing one's car in to get fixed and driving off without the wheels. It is incredible. We went through another process, with Bill C-45, to fix what was wrong with Bill C-38.

That is just a snapshot of how the government handles legislation. It is like the guy who has a hammer and thinks everything is a nail. Conservatives think everything is pavement and they can steamroll over all of it, except that when legislation is badly botched, there are consequences.

That brings me to another piece of legislation, Bill C-4. It is the same kind of thing. The Conservatives tried to throw a whole bunch of things in the bill, a laundry list, except that the Supreme Court rejected part of that legislation. As we know, the Leader of the Opposition has been raising this repeatedly in the House.

We have a problem whereby botched legislation leads to more time wasted, because the Conservatives have to introduce other legislation to fix the bad legislation they forced through in the first place without listening to the NDP. If they had listened to the NDP, they would not have had the badly botched legislation in the first place. If they do get it through the House, then, as we saw with Bill C-4, the Supreme Court says, “Sorry, you badly botched this legislation and it is not constitutional”. As a result of that, we have to reject part of this legislation.

This is the real problem. It is not that the government, as it likes to say, does its job and produces a quantity of legislation, so everyone should give it a pat on the back. It is bad legislation in so many cases. It is legislation that has to be fixed. New Democrats always offer the amendments and the fixes. We are always there to try to direct the government. We often feel as if we are trying to direct a puppy, because it seems to get distracted often.

The reality is that the work the government does should be very important. The legislation the government presents in the House should be very important. There should be a proper legislative process. There should be amendments that are considered. There should be a process people can actually respect. That is not what happens under the government.

The government just throws legislation out without due respect for parliamentary traditions. It refuses to listen to the opposition to develop the legislation so that it can actually accomplish what it purports to set out to do when it puts the legislation on the floor of the House. The government will not take amendments, will not listen to debate, actually shuts down the debate, and rams legislation through. This costs Canadians enormously.

Every time the government has to provide new legislation to fix the old legislation, and as has happened a number of times in the past few weeks, every time the Supreme Court says that what the government is doing is simply not constitutional, it costs Canadians.

We have this motion that is a licence for laziness. It dismisses Conservatives from voting in the evening. It dismisses Conservatives from having to participate in debates that are actually quite important, because that is how we get legislation fixed, particularly the shoddy legislation the government tends to present in the House.

Now we have a government that has such profound arrogance that it says, quite clearly, “No dilatory motion may be proposed, except by a Minister of the Crown”, which means that no dilatory motion may be proposed except by a Conservative, except by a minister of the crown, after 6:30 p.m.

What the government is doing, at the height of its arrogance, is saying to Canadians, “Hey, we are just going to run this government, this country, exactly how we want, and we do not care about the consequences”.

We care about the consequences. We care when we see shoddy legislation that has to be corrected, and it takes months of work, because the government did not get it right in the first place. We care when the Supreme Court says that what the government is doing is unconstitutional.

We care when we see, right across this country, growing concern about the government's arrogance and its attacks on a whole host of institutions, not just in the elections act but in the attack on the Parliamentary Budget Officer, the Chief Justice of the Supreme Court, and Sheila Fraser. How could anyone attack Sheila Fraser? The Conservatives have been doing just that.

When we see all those attacks, we see a government that has simply done its time. It no longer has any sort of legitimate agenda but just wants to lash out at its perceived enemies and wants to set a perception that is simply not true.

With this motion, this licence for laziness, Conservatives get off scot-free. They do not have to vote in the evening. They do not have to show up in the evening. The government has said it is going to handcuff every single member of the opposition to their desks and not let them use any proper parliamentary procedure after 6:30 p.m. Only the government can.

That arrogance is something Canadians are becoming increasingly aware of. That arrogance is something Canadians are saying they have had enough of. In the most recent poll, the Prime Minister had an approval rating of one-third of Canadians. Two-thirds of Canadians disapprove of the work he is doing.

The leader of the Liberal Party has falling approval levels, but he did better. It was 50/50.

The top approval level in the country is for the Leader of the Opposition. Two-thirds of Canadians see his work in the House of Commons and approve of it. They see him as strong and as defending Canadian democracy.

That is what we are going to continue to do. We are going to ensure that legislation is effective. We are going to continue to speak out and work hard on behalf of our constituents. We are looking forward to that day, October 19, 2015, when we can get rid of the government and start having an NDP government that is going to fully respect our democratic traditions here in the House of Commons and right across the country.

Grouping of Amendments to Bill C-23—Speaker's RulingPoints of OrderGovernment Orders

May 12th, 2014 / 6:10 p.m.


See context

The Speaker Andrew Scheer

Before we move on to questions and comments, if there is time, I am now prepared to rule on the point of order raised earlier today by the hon. House leader of the official opposition regarding the voting pattern for motions in amendment for Bill C-23, an act to amend the Canada Elections Act and other acts.

I would like to thank the hon. opposition House leader for raising this matter, as well the government leader in the House for his comments.

The hon. opposition House leader objected to the way in which the Chair proposes to apply the results of votes taken on motions to delete clauses. The hon. member pointed out that members of his party had proposed 110 such motions in relation to this bill and that other members had also submitted some of the same motions, as well as others. He argued that each motion constituted a distinct question and that members should have the fundamental right to pronounce themselves on each question separately. By applying the result of a vote on one motion to a large number of other motions, he feared that the Chair would force members to vote against clauses they in fact support or vote in favour of clauses they oppose.

In response, the government House leader said that the grouping of votes is in keeping with the recent precedent and that it is not unusual for the results of the vote to be applied in this manner.

The Chair takes seriously its responsibility to select and group motions for debate at report stage. It is often challenging to arrive at a grouping and a voting pattern that all members will find satisfactory, and this is particularly true in cases where there are a large number of motions proposed.

House of Commons Procedure and Practice, second edition, at page 307, states that it is the duty of the Speaker:

...to ensure that public business is transacted efficiently and that the interests of all parts of the House are advocated and protected against the use of arbitrary authority. It is in this spirit that the Speaker, as the chief servant of the House, applies the rules. The Speaker is the servant, neither of any part of the House nor of any majority in the House, but of the entire institution and serves the best interests of the House...

The hon. House leader of the official opposition is asking that each motion be voted on separately. A similar argument was made by his predecessor in 2012 with respect to Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures. In the decision of November 29, 2012, found on page 12,611 of the Debates, I reminded the House that:

This would diverge from our practice where, for voting purposes where appropriate, a long series of motions to delete are grouped for a vote. Since the effect of deleting a clause at report stage is, for all practical purposes, the same as negativing a clause in committee, to change our practice to a one deletion, one vote approach could be seen as a repetition of the clause by clause consideration of the bill in committee, something which the House is specifically enjoined against in the notes to Standing Orders 76(5) and 76.1(5) which state that the report stage is not meant to be a reconsideration of the committee stage.

The Chair acknowledges that each clause in a bill represents a unique question. That said, it is also clear that our rules and practices foresee circumstances in which the Speaker combines several different questions in a single group for debate and where the vote on one question is applied to others. This is done so that the time of the House is used efficiently and so that the House does not repeat at report stage the work done by the committee that considered the bill.

In the case before us, the Chair has grouped all of the motions to delete proposed by a party or by a member into a single vote. I believe this is in keeping with recent precedents where there are large numbers of motions at report stage.

In fact, to do as the opposition House leader has suggested would be a marked departure from our practices, would be contrary to the very clear direction included in the notes to Standing Orders 76(5) and 76.1(5), and is not something the Chair is prepared to entertain since, as all members know, we are not here to repeat committee stage.

Absent any other direction from the House, I intend to follow those precedents and to maintain the voting pattern I proposed to the House when I rendered my decision last week. I thank the hon. member for having raised this important matter.

Grouping of Amendments to Bill C-23Points of Order

May 12th, 2014 / 3:30 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I am rising in the House today on a point of order arising out of the impending report stage votes on Bill C-23, an act to amend the Canada Elections Act and other acts and to make consequential amendments to certain acts.

In particular, I want to address the groupings of motions for debate at this stage. As you know, Mr. Speaker, the NDP has already raised points of order on this topic in the House, for example with respect to the report stage of Bill C-45 in November 2012.

In light of the Chair's decision then to group many amendments together for single votes, I feel obligated to rise today to speak on this subject once again. In part what I want to affirm today is the Chair's role to protect members' rights to exercise their duties as members of Parliament, including the right to vote freely on questions that are put to the House.

I would like to quote House of Commons Procedure and Practice, the second edition, O'Brien and Bosc, which states on page 307 that:

It is the responsibility of the Speaker to act as the guardian of the rights and privileges of Members and of the House as an institution.

On the same page it reads that:

Freedom of speech may be the most important of the privileges accorded to Members of Parliament....

O'Brien and Bosc, a bit later in the same chapter on page 316, note that voting in the House according to a member's conscience is a freedom that all members enjoy in this House, including the Speaker on rare occasions, as you know, Mr. Speaker.

I hope that when I finish speaking, you will agree to let members vote separately on all the motions in amendment at report stage of Bill C-23.

The principle of a free vote is a simple one, Mr. Speaker, one with which everyone in our democracy should be familiar. I am sure that the majority of Canadians who are watching us right now are surprised to see that I must rise today in the House to ask you to ensure that this right is respected when we vote on the motions in amendment at report stage of Bill C-23.

Because this particular bill is of foundational importance to our democracy, this question becomes all the more crucial. Bill C-23 would make significant changes to our electoral laws, and as they currently stand, in many cases these changes damage the letter and spirit of the Elections Act. As well, as we learned after weeks of scrutiny, a majority of Canadians and virtually all electoral experts are opposed to the bill.

With this much on the line, I believe that it is more important than ever to safeguard members' rights to vote separately on all of the motions in amendment that will affect the bill.

As you know, Mr. Speaker, Standing Order 76.1(5) states that:

The Speaker shall have the power to select or combine amendments or clauses to be proposed at the report stage...

The note following the Standing Order adds that:

...the Speaker will not select for debate a motion or series of motions of a repetitive, frivolous or vexatious nature or of a nature that would serve merely to prolong unnecessarily proceedings at the report stage...

It is therefore clear that when you select a motion for debate at report stage, this means that it is not of a repetitive, frivolous or vexatious nature, contrary to what the Leader of the Government in the House of Commons likes to say again and again.

However, nothing in the Standing Orders provides that the Speaker must group the motions at report stage for votes on very different issues. There is nothing about the Chair grouping amendments in an effort to spare the government from lengthy votes.

In the annotated Standing Orders of the House of Commons on page 264, the commentary on Standing Order 76(5) does note that the Speaker has a role in limiting duplication when it states:

When the Speaker selects and groups report stage motions for debate, he or she also decides on how they will be grouped for voting.

A further comment is made that this avoids the House having to vote twice on the same issue. The same explanation is given in House of Commons Procedure and Practice on page 784:

When the Speaker selects and groups motions in amendment, he or she also decides on how they will be grouped for voting....

I underscore that it is to avoid the House having to vote twice on the same issue.

It seems to me that these explanations are very clear. The selected scheme must ensure that the House does not vote twice on the same issue.

However, I would submit that the voting scheme that has been selected for report stage motions on Bill C-23 goes much further than this very clear instruction. While it is critical that the Speaker not allow the House's time to be wasted, the Speaker must also fulfill his duty to ensure that the right of members to free speech is protected and exercised to the fullest possible extent.

Specifically, when it comes to the report stage motions for Bill C-23, NDP MPs put 110 motions on the notice paper to delete the worst clauses of the bill, in our consideration, and to also delete the clauses that the committee did not have a chance to debate before the government's motion cut off committee proceedings during clause-by-clause consideration of the bill.

Of those 110 motions, the Liberal Party submitted motions to delete 46 of the same clauses of the bill as our MPs. However, with regard to 54 of the clauses that we moved to delete, Liberals did not. I think it is reasonable to assume that the Liberal MPs would want to vote in favour of the motions that they also submitted, but would likely want to vote against the motions that they chose not to submit. It is the groupings for voting that puts them in this dilemma of choosing a single vote for all 110 motions; those that they submitted and those that they may not be in favour of.

The same problem exists for the member for Saanich—Gulf Islands. She put 13 motions on notice, which were identical to our motions, but 97 of our motions that are grouped along with them were not submitted by the member. It seems logical to me that she too will be put in conflict by having to choose one vote for both parts of this enormous equation; those that she submitted and those that she did not.

What is essentially happening is that the Chair is taking clear, valid, individual questions, and putting them to the House as double-barrelled questions, or, in some cases, questions with many more barrels than two. Looking online, a quick Google search reminds us of what a double-barrelled question is, why it is a breach of the rules of logic, and what kind of absurd results it can yield.

The opening line of the Wikipedia entry for “double-barreled question”, and we could go to any other dictionary as well, tells us that, “A double-barreled question is an informal fallacy. It is committed when someone asks a question that touches upon more than one issue, yet allows only for one answer”. One asks two separate questions, but only allows for one answer. That sounds a lot like the situation we are facing here.

The next line tells us, “This may result in inaccuracies in the attitudes being measured for the question, as the respondent can answer only one of the two questions, and cannot indicate which one is being answered”. Again, for report stage on Bill C-23, this sounds very familiar.

These are very basic rules of logical reasoning that are being breached, rules that are necessary to avoid inaccuracies.

Mr. Speaker, on December 12, 2012, in your ruling on the point of order regarding the report stage of Bill C-45, you said that your decisions were not based exclusively on written rules, but also on the evolutionary nature of procedure and precedents.

At that point, you cited a ruling by Speaker Milliken, delivered on April 27, 2010:

...the Chair is always mindful of the established precedents, usages, traditions and practices of the House and of the role of the Chair in their ongoing evolution.

To this, you added:

This not only confirms that it is not just written rules from which the Speaker’s authority is legitimately derived, as suggested by the opposition House leader, but that the evolutionary nature of procedure must be taken into account. It was on this basis of the House’s longstanding acceptance, and in fact expectations, of the practices at report stage, in conjunction with the need for adaptation to the current context, that the amendments for Bill C-45 were grouped for debate and voting purposes in the manner that they were.

Mr. Speaker, I believe that this matter and your decision on it are of fundamental importance to our democracy and its cornerstone, this House of Commons. I look forward to your ruling.

First Nations Control of First Nations Education ActGovernment Orders

May 1st, 2014 / 12:55 p.m.


See context

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I am privileged to stand in the House to speak to a bill that is extremely important to the people who sent me to Parliament, first nations and indigenous people in northern Manitoba, and of course, first nations people across our country.

I want to begin by speaking about the reality that first nations youth face in communities in our part of the country. Some weeks ago, I had the opportunity to visit Little Grand Rapids. Little Grand Rapids is a small first nation on the southeast side of Lake Winnipeg. It is isolated. There are no roads that go there; it is in the middle of the forest, or the bush, as we call it. People work hard at what they do, hunting, trapping, fishing, and they hope for the best for the future of their kids, as anybody does.

What I hear from them when I visit from house to house is their concern for their kids, the concern that their kids are not going to have the same opportunities as other kids. It is not because of where Little Grand Rapids is, how far it is from the city or where it is positioned geographically. It is because it is a first nation, and they know their kids face some of the most unequal opportunities in terms of education in this country. Because they are first nations, going to school on reserve, they are guaranteed to be going to a school that is funded to a lesser extent than other schools.

What does that mean? It means that their kids go to a school that some people describe as a fire trap. It is a school where the doors do not lock properly. In order to lock them in -40° weather, so the cold does not come in, they have to a use a chain and a lock. It means the fire alarm system does not work. In fact, when Aboriginal Affairs and Northern Development built the school, it hooked up those little fire alarm contraptions that we see everywhere else. It put them on the walls throughout the school and never hooked up the wiring to a fire alarm system. Guess what? There is no fire alarm system. Not only is there no fire alarm system, but as a result there is no sprinkler system, and due to the underfunding, there are no fire extinguishers.

My question in the House for the Minister of Aboriginal Affairs and Northern Development is whether he would be okay with his kids going to a school like that. Why should the youth of Little Grand Rapids and first nations across this country go to schools that are dangerous, underfunded, falling apart, and full of mould, that do not have enough books, do not have enough teachers, and do not have enough resources, and that are setting them up to fail?

When we talk about the history of colonialism and paternalism that first nations have faced in this country, we cannot just talk about history, because it is happening today. It is happening in the way first nations people face unequal standards across the board, whether it be education, health, employment, housing, or infrastructure. The list goes on.

To see what is most fundamentally clear in the response to the needs of first nations youth and the kind of paternalism we see, one has to go no further than the approach the government has taken on Bill C-33, the first nations education act. The reason I say that is that a fundamental obligation of the federal government to consult with first nations people has not been adhered to in the development of this critical bill.

First nations across the country, certainly those in Manitoba, have been clear that, without consultation, the bill cannot be supported. It is not because they have not made clear the importance of consultation. They have made it clear and have been consistent over the last number of years.

In December 2012, Aboriginal Affairs and Northern Development Canada began consultations on an education act. In July 2013 the department released a document called “Developing a First Nation Education Act: A Blueprint for Legislation”. With few amendments, that blueprint became a draft legislative proposal for a first nations education act in October 2013. I am sure all too many members of the government will remember that the draft proposal was condemned by first nations educators, leaders, and activists overwhelmingly.

On the very issue we are discussing today, on the critical issue of education for first nations, first nations have told us the direction they want to take and their priorities.

In 2013 a special assembly the Assembly of First Nations highlighted five priorities: first, respect and recognition of inherent rights and title, treaty rights, and first nations control of first nations education jurisdiction; second, statutory guarantee of funding; third, funding to support first nations education systems that are grounded in indigenous languages and cultures; fourth, mechanisms to ensure reciprocal accountability and no unilateral federal oversight or authority; and fifth, ongoing dialogue and co-development of options. Those five priorities were laid out clearly in a very public manner by first nations themselves, and sadly, the federal government failed to adhere to those priorities.

What we hear from the federal government is rhetoric that is at first premised on having spoken with first nations and of having heard real concerns. Then when I and my colleagues raise the concern that first nations across the country have not been consulted on this legislation, when they need to be consulted, we hear threats, intimidation, and the same old colonial attitudes that first nations have put up with for centuries.

It is clear that first nations across this country are saying no to the first nations education act. I and my colleagues in the NDP are proud to stand with them. I am proud to stand with first nations educators who are speaking out against the first nations education act.

I would like to share the words of Janice Mokokis, an educator and lawyer from Alberta, who has been involved with the Idle No More movement. She has been clear in her opposition to the first nations education act. Janice tells us:

There have been rallies and teach-in's held across the country to inform the Canadian public and First Nations about the implications of this Bill. People who have attended the rallies include children, mothers, fathers, teachers, professionals, leaders and those that would be directly affected by this...[government's actions]. There has been consistent opposition about the Conservative's agenda what they deem to be good for First Nations on Education. The Conservative's idea of 'consultation' needs to be closely questioned and critically examined. For example: In the Saskatoon consultation, people were...pushed out of the 'education consultation'.

It was made clear that they were not welcome to have their voices heard.

I also stand in solidarity with people in the blue dot campaign, who made clear their opposition to the government's desire for them not to be welcome at the announcement on the Kainai first nation in Alberta. Members of that nation and first nations people from across the country were there to hear an announcement of legislation that has everything to do with their future, and yet they were not even welcome to stay in the room.

It is clear that there is opposition from coast to coast to coast. First nations people are saying that their inherent rights are not being respected, that their treaty right to education is not being respected, and that the right to consultation that they have under the Canadian Constitution and that is recognized in the UN Declaration on the Rights of Indigenous Peoples is not being respected. The necessity of consultation is not being respected.

The reality is that first nations youth sit by and suffer as a result of the way the Conservative government is approaching a fundamental part of their development and future. We know the statistics are grim. Secondary school data over the last number of years identify the rate of first nations graduation at approximately 36%, compared to the Canadian graduation rate of 72%. Some 61% of first nations young adults have not completed high school, compared with 13% of non-aboriginal people in Canada.

In 2010, there were more than 515 first nations elementary and secondary schools available to approximately 109,000 first nations students resident on reserve. Over 64% of these students attended 515 on-reserve schools operated by first nations. The majority, 75%, were enrolled in either kindergarten or elementary school.

First nations youth is the largest young population in our country. I am so privileged to have had a chance to visit first nations across our region and look into the bright faces of these little kids, who want to be doctors, lawyers, teachers, and carpenters and who want to do great things. All I can think of is the way I come to work every day to look at a government, a Prime Minister, and a Minister of Aboriginal Affairs and Northern Development that do everything in their power to ignore the voices of their communities, educators, and leaders. They say they are doing the right thing and they say they are going to do the right thing, but after the next election, maybe in a few years, or maybe if they get re-elected. Maybe. All the while, these young people are left in limbo.

I am also fortunate to have learned from elders. They are elders who fought as part of the Manitoba Indian Brotherhood, fought against the white paper, and fought against the control that the federal government had on their education. They fought back, and they fought for first nations control of first nations education. Many of these elders are not with us today, owing to the challenging life situations in our communities and the shorter life spans that first nations people have. However, in my conversations with them and in my journey to Parliament, they taught me a very clear lesson, that first nations control over first nations education is fundamental to the success of the education system. It is fundamental to the success of first nations youth as they go forward. This is because first nations know what their nations need.

We know about education in first nations language; youth who learn their first nations language succeed at great rates. We know that when they have the resources in their schools to learn their mother tongue, the historic language of their people, they will have opportunities that other youth do not have. We know that when first nations have control over the kind of curriculum, priorities, and lessons that are shared with their youth, their students succeed.

I think of first nations like Roseau River, Peguis, Fisher River, and others that have had very successful models when it comes to education. It is not because the Minister of Aboriginal Affairs and Northern Development told them how to do it. In fact, it is the absolute opposite. It is these first nations that have stood up and sometimes, with the few resources they have, pulled together extraordinary people. They have supported the education of their youth, who have gone on to become experts and specialists in education and have come back to their communities and invested in the resource that is most important to them: their youth.

One would think that, in seeing the successes and knowing the way graduation rates in first nations increase when there is proper funding and proper support, when there is a focus on first nations language, the Department of Aboriginal and Northern Affairs would celebrate, that it would say that first nations control over first nations education is critical.

Consulting with first nations on further steps, on a first nations education program, is not only critical but first nations need to be leading that direction. Instead, what we have is a slap in the face from the federal government, which has a fiduciary obligation to first nations that makes it very clear that it does not matter what success these students have, it does not matter what success these leaders have had in fighting for education in their communities, with its response to promise action and change and to do that with a father-knows-best mentality, that what it knows best is what is going to go.

Some years ago I had the honour of sitting with leaders and grassroots people in Thompson at the office of the Manitoba Keewatinowi Okimakanak, where we saw live the apology the Prime Minister made to first nations people about the tragedy of the residential school system. I remember it moved all of us. I am proud that our leader Jack Layton was integral in that important historic day. There were tears. There was sobbing. There were people who were very emotional about that apology, people who had been very clear about the abuse, the oppression, and the racism they had faced. However, there was also an overwhelming sense of hope, hope that things can change, that a new spirit of reconciliation was guiding our country.

Over the last six or seven years, I cannot say how many people I have met across northern Manitoba, how many first nations people, who have said obviously that apology meant nothing to the Prime Minister. People took the time to believe and to enter into that spirit of reconciliation. Unfortunately, through the actions of Prime Minister, not just in looking at Bill C-33 but also Bills S-2, S-6 and S-8, as well as omnibus bills like Bills C-45 and C-38, we can look at the long list of legislative actions that the government has taken that fly in the face of that apology, of that spirit of reconciliation, of that commitment that the relationship with first nations would be different.

At the end of the day, is there anything more important than investing in the future of our young people? In the one area of education, the federal government had the chance to change course and maybe remember the statement that the Prime Minister had made in terms of that apology and act in the spirit of that apology. Instead, he and his government have chosen to take a very different approach, an approach that is clearly not only supported by first nations but is extremely deeply problematic in terms of the future of first nations education in our country.

In closing, I am proud to stand with first nations in Manitoba who oppose the first nations education act and who are very clear in demanding far better from the government, from Canada, and from the crown when it comes to the future of education for first nations.

Opposition Motion—Time allocation and closureBusiness of SupplyGovernment Orders

April 10th, 2014 / 11:30 a.m.


See context

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I am happy to be splitting my time today with the opposition House leader, the member for Burnaby—New Westminster. He has done an incredible job of standing up to the government in the short time he has been in the position, holding them to account and pushing back on what has been a continual and constant abuse of Parliament and our democratic and fundamental principles which we all share as Canadians. I believe that Conservatives share them as well, when they are able to unleash themselves for that split second and realize what their jobs are meant to be here.

We see a motion today that we welcome from the Liberal Party, although we find it passing strange, on two fronts. We welcome the opportunity to talk about free and fair debate in Canada's Parliament, to talk about the abuses that the Conservatives have unleashed more than 55 times on Canada's Parliament.

There are two considerations and concerns that we have with what the Liberals have put forward. I am sure my hon. colleague the opposition House leader will elaborate on these, so I will pass over them briefly. The first issue is that the motion as it is presented today is too limited. It only seeks to curtail the government's power to use time allocation and the extraordinary power of shutting down debate in too narrow a way. We would seek to perhaps expand it, and my friend from Burnaby—New Westminster will elaborate on that.

The second piece is that this may be a new-found love for accountability and transparency from the Liberal Party. As we have seen, when it held the same position as the Conservatives currently do, it too used this same extraordinary power.

Canadians can tolerate a lot from their political representatives, and we know that we ask them to do that. They tolerate the various assortment of scandals and unfortunate choices, and the bad choices, made by the current government. However, they will not tolerate hypocrisy. They do not appreciate hypocrisy from any party, in this case, the Liberals, who used time allocation on certain bills that it should never have been used on.

In fact, Mr. Speaker, it was you, in 2011, who moved a motion to limit the powers of shutting down debate by the government, which was rejected. It was the NDP who also sought most recently to give increased powers to the Speaker. That was to discern between when the government was using time allocation as it was designed, for when a debate has gone extensively beyond what would be considered a normal parameter for discussion, and limiting it to that instance rather than what we see from the government.

As my colleague from Burnaby—New Westminster said, it was on a massive omnibus bill, or ominous bill as some people call them now. They are Trojan Horse bills. We have seen Bills C-38 and C-45, and the most recent budget implementation act, Bill C-31, that are incredibly expansive in their nature. They are hundreds of pages long, and in this case affects more than 40 Canadian laws. It would change 40 Canadian laws in this one case.

The extent of these massive bills would be enough that most people would consider a full and extensive debate to be proper. However, after a short 25 minutes, the Conservatives said that is enough. They said that we need to shut down the debate on this most recent ominous bill; we need to shut off any conversation about all of these laws that are being affected.

When we look through the debates of the past when the Liberals used the same tactics that the Conservatives are using, it is passing strange that it was the Conservatives, who were then in opposition, who had so many problems with that abuse of power.

Let me read one quote. This is one of my favourites. It is good. It is someone being prescient and intelligent, and doing their job as a parliamentarian. Let me quote the following from a debate on November 26, 1996, which took place right here:

In my view, the procedure of using time allocation for electoral law, doing it quickly and without the consent of the other political parties, is the kind of dangerous application of electoral practices that we are more likely to find in third world countries.

Who would say something like that? Who would say that the abuse of power that the Liberal government of the day was using to shut down debate on changing our electoral laws was representative of something “that we are more likely to find in third world countries”? It was the current Prime Minister who said that. It is true.

The current Prime Minister, when he was in opposition, was faced with a Liberal majority that was unilaterally changing electoral laws—not nearly as extensively as the Conservatives are now doing, by the way—and sought to shut down debate in the House of Commons, having achieved no consensus or agreement from the other opposition parties. It was the current Prime Minister who said that this was an abuse of power; this was wrong.

Lo and behold, we now have Bill C-23, the unfair elections act, which the Conservatives have designed in its very DNA to be unfair, to be undemocratic, and to allow an advantage to Conservative candidates in the next election rather than winning fairly. They have put that into their election bill with no agreement from any other political party.

Then, to add insult to that abuse, to that injury, they have shut down debate prematurely and rushed it to committee. They are now in the Senate doing the same thing—the unaccountable, unelected Senate that this same Prime Minister appointed. The hypocrisies and irony in this instance are so rich that they approach the level of appalling.

To my Liberal friends, I hope this new found love of democratic principles is sincere and will be sustained, regardless of which side of the House they are sitting on. New Democrats have a long and proud record of standing up against the abuses of time allocation, of shutting down debate, of allowing members to freely express themselves on behalf of constituents. That is what we are here for. It is not to advance one political party or the other. The very structure of the House of Commons is simple, yet beautiful in its nature: to hold the government of the day to account.

As I said to my Conservative colleague across the way, that is a responsibility, not only of the opposition parties but of those who sit in the so-called government backbenches. That is their job. Unchecked power eventually becomes corrupted, as we saw from the Conservatives as soon as they gained their majority.

It was a very slight majority. If we look at the design and the build of the seats in the House of Commons, it is what we call the rump, the little section of extra flow over the Conservative seats in the corner that we see during voting time. It is called the rump, by all parties; I do not mean to pass any judgment on the quality of those members. However, it is that tiny group over there who represent the majority that the government has, having achieved just 38% of the vote in the last election. When we break it down, it was only 25% of all eligible voters in the country, and they ended up with 100% of the power.

What do the Conservatives do with that power? Do they act responsibly? Heavens, no. They introduce these massive omnibus bills and then slap on time allocation, shutting down debate on legislation that is so incredibly complex that nobody on the government benches actually understands what they are voting for. That is a shame.

This motion is about a democratic principle that is essential for Parliament to work properly for Canadians. I fully understand that Canadians are quite cynical about the current state of our politics, and for good reason. It is only natural, what with this corrupt, anti-democratic, and by all accounts very weak government. What is more, this government is short on ideas. The budget implementation bill is short on tools for rebuilding our economy.

There is a shortfall of some 300,000 jobs in the industrial sector and for young Canadians who are still trying to find work. They are coping with an unemployment rate that is twice that of the rest of Canada. What are we seeing in the government? We are seeing an extremely corrupt system, a shortage of ideas, and a problem, namely that of disliking democracy.

What is that terrible expression that I have seen in a comic strip somewhere: “that the beatings will continue until morale improves”. The Conservatives heap abuse upon abuse on Parliament and ask why it is that the opposition parties are so resistant to their mandate and to their practices?

Well, with what we have seen, time and time again, whether it is the unfair elections act, these massive omnibus bills, the way it approaches trade negotiations with other countries, or the general approach that the government has to democracy, I look back, almost fondly, to those days of the Reform Party. It seemed to at least have stood for something. I did not agree with it, but it seemed to have stood for something. Now we see what these guys have become. Power seems to have corrupted them and left them without those principles. It is a shame.

We will be supporting the motion. I look forward to the continued debate.

Report StageEconomic Action Plan 2013 Act No. 2Government Orders

December 3rd, 2013 / 11:40 a.m.


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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I appreciate this opportunity to rise. I would have asked a question, except I have some issues I can pose to the entire Conservative caucus as opposed to any one individual member.

I want to start off by addressing the comments of the previous speaker about reaching a balanced budget by 2015. That is going to be much easier for the Conservatives because last year, as we understand it, there were $10 billion allocated in the budget they did not spend. There were people who were expecting monies, heritage and other places that was not spent. In other words, the Conservatives broke promises to people, which does not come as a great surprise. Therefore, hallelujah, they are going to announce that we have this money to put toward the deficit, so it is more important to meet this one target than it is to follow through on their commitments to Canadians and Canadian organizations.

I sat on the finance committee for a period of time through the last omnibus bills and all of the what I would call nothing short of craziness happened at committee as a result of the fact that so many things had been piled on top of the other that actually belonged, in our opinion, in other committees. With Bill C-4, the Conservatives are doing it again.

Of the last bills that came before that committee, Bill C-38, was the biggest one with which I was involved. It changed the Navigable Waters Act, the Environmental Assessment Act and all kinds of things that a person outside this place would ask what it had to do with the budget. The fact was it did not. It was just a tactic on the part of the government to jam things together to get it through as fast as it could, to keep it from being at committees where it could receive the proper scrutiny by members and the witnesses who could bring the expertise before the committee to fortify the situation.

Before the prorogation, we were dealing with Bill C-54 about the not criminally responsible. Some of the witnesses who came from the health community said that nobody in the psychiatric community was asked about that bill. All of this is symptomatic of what is happening with the government in the sense of not wanting to hear from anyone, MPs or anyone else.

My view and the view of the New Democratic Party is that committees are there to make bills better. We are there to help the government. The government brings forward a bill and we have a critique of it and recommendations, which are called amendments, never see the light of day because they are voted down at committee or motions are passed at committee to limit the time we have. If we do not meet that time allocation, anything that has not been voted on is deemed to have failed. Therefore, we could have a list of 25 good quality amendments and Conservatives will not even listen to them.

That anti-democratic aspect limits the ability of the sincere efforts of the House to try to improve legislation in a way that is just baffling. How in the world can Conservatives justify shutting out information, even if it is not from us? Information from the public or from experts in any given field relative to the budget or relative to those things that have been piled into the budget, how can they shut that down without giving it any consideration?

It makes us wonder what is behind the agenda. This is not new. As I said, it happened with Bills C-38, C-45, C-60. Other speakers today talked about the fact that all of those bills had some blatant mistakes that successive bills had to correct.

I am troubled again by the fact the Canadian Federation of Municipalities warned the current government and the previous government about a deficit in infrastructure to the tune of somewhere between $175 billion and $200 billion that needed to be taken care of now. Look at the situation with the bridge in Montreal, and we understand how desperate it can get really quickly.

It looks like some interim work has been done to repair the bridge and get the traffic flowing, but stepping back from that, we have almost $200 billion elsewhere in our country that deserves support. I believe the Minister of Finance has said that there is $800 billion of dead capital that businesses are holding onto for a couple of reasons. There is some sensibility to what they are doing because in 2008 they had trouble getting money from the banks. We had the lowest interest rates practically in the history of our country, so why was the government not taking 10-year bonds and partnering with the business community to start addressing some of the infrastructure needs?

In my community of Hamilton, we are near desperate on sewage. I hear of figures somewhere close to $200 billion of a deficit on Hamilton sewage. Basements of houses on certain streets in Hamilton flood every time there is a serious rainfall. They cannot even get insurance anymore. It is very clear for us.

The previous speaker made reference to temporary foreign workers. The figures I have may not be precise but they are certainly close. Two or three years ago we had roughly 240,000 new immigrants to Canada. They have support here. They have a sponsor who is responsible for all of their costs for 10 years, so there is no liability to us for them. However, in that period there were 241,000 temporary workers.

The temporary worker program was initially put in as support for the farmers. There was lots of work Canadians did not want to do and farmers needed help, and that program was originally set up to bring them in. Then all of a sudden, certain aspects of the business community woke up to the fact that they could pay temporary foreign workers less money and they would not have obligations to them. By the way, because they are here on a temporary permit, if they do not do exactly what they want, they get to go home really quickly. People from other countries come here. They are very dependent on money to help their families back home. It is a very insecure situation and they are being abused by the government and employers in Canada. That is shameful. There is no other word for it.

From my perspective, to hear the Conservatives talk about some modest change, I would love to have seen that at the immigration committee, to talk about temporary foreign workers and to look at that program in-depth, to step back from it and make some suggestions to help with that, but that opportunity was not afforded to us.

Going a little further on this, Bill C-4, as previous omnibus bills, piled together amendments to over 70 laws. One of them is the Public Service labour relations employment board act. That is a new addition. Another one is the Mackenzie gas project impacts fund act.

Why do we need a new act for labour relations when we have had labour relations in the country between the public service workers and the government for many decades? Why do the Conservatives suddenly need to change that? If we do need to change it, why is it not done through the appropriate department and the appropriate committee rather than a budget bill? It sounds like somebody is up to something. If I were a worker, with the number of cuts there has been to the public service workers already, I would be a little nervous just about the title of that bill.

Contained in Bill C-4 are very vicious anti-worker and anti-veteran measures. I never thought I would stand in the House of Commons in our country and say our government has anti-veteran policies.

The Conservatives have made changes to health and safety protection for workers. My time is running out and I have not even started my speech, but this is part of the give and take in this place. The last speaker spoke about some things that drew my attention to it, but if I have to close, I am certainly proud to close on defending veterans.

There is a Veterans Review and Appeal Board. We have seen day in and day out in the media of late where the ombudsman has spoken out in defence of veterans saying that they are not getting the health care or the protection they deserve and there are numerous budget cuts to that department. That is shameful. One thing Parliament must stand for is the veterans of our country.

This is an anti-worker, anti-veteran bill and it is absolutely shameful.

Report StageEconomic Action Plan 2013 Act No. 2Government Orders

December 2nd, 2013 / 6 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I wonder if the member could speak to the fact that we now have what appears to be a new practice that did not exist under previous administrations, being two omnibus budget bills a year.

That is what happened in 2012, with Bill C-38 and Bill C-45, and that is what is happening this year with Bill C-60 and Bill C-4. It means that every single budget is followed by a omnibus bill, which in the last two years has comprised 800 to 900 pages each time, of multiple separate acts. The Canadian Bar Association made the point on Bill C-4 that this reduces the ability to have proper hearings and scrutiny on each of the component parts of the legislation, and it violates parliamentary practice.

I wonder if my colleague from Winnipeg North would agree.

Economic Action Plan 2013 Act No. 2Government Orders

December 2nd, 2013 / 5:10 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, it was interesting to listen to the member's speech. It is as though we are living in a parallel universe. The people I have talked to are worried about the fact that funds for social housing are disappearing, that child and family poverty in parts of our country have not gone down, that people are working two and three jobs just to feed their children and that student loan debt is increasing. Municipalities have been calling on the government to invest in infrastructure, whether it is sewer, water or roads.

With respect to the environment, over the last couple of weeks we saw Canada being castigated on the world stage for its grim record on greenhouse gas emission reductions, plus any of the other initiatives we might be taking around prevention and mitigation. Our former leader, the late Jack Layton, used to say that we needed to talk about the fact that it was fine to fix the roof, but it did not do us any good if the foundation was crumbling. I would argue that the foundation in Canada is crumbling under the government's watch.

With regard to Bill C-4, the NDP is opposing it both on process and content. This is just like the three previous omnibus budget bills, C-38, C-45 and C-60.

Bill C-4 would amend 70 pieces of legislation. It contains two entirely new acts, the Mackenzie gas project impacts fund act and the public service labour relations and employment board. In talking about this, I want to refer to the process for one moment. It is our responsibility as parliamentarians to thoroughly review legislation that comes before us, to call witnesses and propose amendments. We are not able to do that in this current democratic deficit climate.

I want to quote a couple of people who have commented on the government process with regard to omnibus bills.

In iPolitics, former finance officials Scott Clark and Peter DeVries stated:

Budget vagueness is a troubling trend. Vagueness and obtuseness have featured in successive budgets, with details provided in the omnibus budget bills. The real budget has now become the budget omnibus bill. This undermines the credibility and transparency of the budget and requires much more diligence in assessing budget proposals.

Andrew Coyne stated:

Not only does this make a mockery of the confidence convention—shielding bills that would otherwise be defeatable within a money bill, which is not—it makes it impossible to know what Parliament really intended by any of it. We've no idea whether MPs supported or opposed any particular bill in the bunch, only that they voted for the legislation that contained them. There is no common thread that runs between them, no overarching principle; they represent not a single act of policy, but a sort of compulsory buffet....But there is something quite alarming about Parliament being obliged to rubber-stamp the government's whole legislative agenda at one go.

I could not agree more with Mr. Coyne.

The challenge here is that time after time we have heard the government get up and say that the NDP has voted against X. What it does not say is that it was an omnibus budget bill that would change several different pieces of acts and regulations. Perhaps there were pieces of the legislation that we agreed with but also pieces we could not agree with. Therefore, we do a balancing act. We take a look at the overall public good, then we determine whether we will vote for or against. Unfortunately, with the way the government acts, we largely end up voting against its omnibus budget bills because we do not see them as being in the public good overall.

I want to highlight some of the changes proposed by this legislation. As I mentioned, it will amend or repeal 70 pieces of legislation in over 300 pages. It strips health and safety officers of their powers and puts nearly all of these powers into the hands of the minister. It significantly weakens the ability of employees to refuse work in unsafe conditions. It moves to eliminate binding arbitration as a method to resolve disputes in the public service. It guts Canada's most venerable scientific research institution, the National Research Council. It reduces the number of permanent members on the Veterans Review and Appeal Board and repeals the Canada Employment Insurance Financing Board. It pushes ahead with the Conservatives' ill-advised $350 million tax hike on labour-sponsored ventured capital funds and allows for three directors of the Canada Pension Plan Investment Board to be non-Canadian residents.

Many of the changes that proposed deserved separate legislation so we could have had that kind of thorough review. Instead, we have a bill that was rammed through and presented to three different committees in very limited time frames. Any amendments that were proposed by the official opposition or the opposition parties were rejected out of hand.

That is not good governance. That is what the Conservatives claim they stand for in this country: good governance, accountability, and transparency. None of those three are true.

I just want to touch on the Parliamentary Budget Officer for just one moment, another officer of Parliament who has been under attack by the government. He has been forced to go to court to try to get documents to demonstrate what kinds of savings are being proposed by the government.

The Parliamentary Budget Officer estimated that the overall impact of budget 2012, fiscal update 2012, and budget 2013 would be a loss of 67,000 jobs by 2017 and a 0.57% reduction in GDP. This is a significant decline in economic growth.

That leads me to the smoke and mirrors games played by the Conservatives. An article from November 13, on Global News, indicated that the government had“sat on more than $10 billion in funds Parliament approved and Canadians were told they could expect in 2012-13 through a slew of programs in dozens of departments”.

The federal government held on to more than $10 billion it was expected to spend in 2012-13, with almost half coming from two departments, according to recently published financial documents. These were funds Parliament approved and Canadians were told they could expect...including the Senate Ethics Officer, disability and death compensation at Veterans Affairs, and weather and environmental services for Canadians at Environment Canada.

I want to touch on one particular part of this fund, and that is Transport Canada. I do not know where most members live and whether the municipalities where they live are suffering the kinds of infrastructure deficits many of our communities are suffering from. Many of our communities have aging infrastructure, and this is a deficit that is being passed on to future generations, because we have refused consistently over decades to provide the federal contribution to updating and upgrading the infrastructure.

Interestingly, Transport Canada, with Infrastructure Canada, had the most trouble spending its budget.

In 2012-13, that department was responsible for almost $1.6 billion of Transport's overall $2.5 billion lapse, according to the Public Accounts....

Within Infrastructure Canada, a large chunk of the lapse in 2012-13 came from the Building Canada Fund, an $8.8 billion project announced in 2007. The project was set up to support national, regional, and municipal projects related to public transit, green energy and drinking water, among other priorities.

Last year, the two components of the funds—the “major infrastructure” and “community” components—were together slated to spend more than $2.2 billion. Only $1.1 billion made it out the door.

That is shameful. If that is the way the government is going to move toward balancing the budget, it is balancing the budget on the backs of our communities.

The Parliamentary Budget Officer suggested, in a review of the supplementary estimates, that the government has been unable to spend approximately $10 billion of the budgetary authorities provided by Parliament over each of the past three years. As such,

Parliamentarians may wish to seek clarification regarding why this level of unspent money remains so high, what measures will be undertaken by departments and agencies to ensure that spending directed by Parliament occurs, and whether all of the $5.4 billion sought in these supplementary estimates is actually required.

That is just one example. I just want to close by saying that child poverty is not even being tackled in this budget. I want to point to the grim record in British Columbia, where child and family poverty has simply not been tackled. There is absolutely a federal government role in this, and I would actually encourage members in this House to support my Bill C-233, which proposes a poverty reduction plan. The federal government can take some leadership.

I have just a couple of numbers here. B.C. had a child poverty rate of 18.6%, the worst rate of any province in Canada using the before-tax, low-income cutoffs of Statistics Canada as the measure of poverty.

By any measure, I think each and every one of us in this House would agree that children should come first and that it is time for the government to actually demonstrate leadership by putting in place programs and services that support our families and our communities.

Motions in AmendmentEconomic Action Plan 2013 Act No. 2Government Orders

December 2nd, 2013 / 1 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I was not sure if my hon. colleague had given the member for Parkdale—High Park a promotion or demotion by making her leader of the Green Party.

However, on this particular debate, the Green Party and the NDP are on the same page. We completely lament the fact that this is an omnibus bill once again, with multiple sections that were very much deserving of a full parliamentary review and full and proper hearings in committee.

I want to begin my analysis of Bill C-4 in presenting the various amendments I have made for deletions with two fairly brief points to the substance of the abuse of Parliament that omnibus budget bills represent.

We have heard it said by Conservative members in their talking points that this is nothing new. In every debate we have on budget omnibus bills, we are told this is normal. However, although I have only been a member of Parliament since 2011, I have been around a long time, and I know that we have never had budget omnibus bills of the staggering length of these bills until the current administration. It is only under the current Prime Minister that we have seen an omnibus budget bill top 200 pages.

Between 1994 and 2005, there were occasions of omnibus budget bills, and they were averaging 73 pages. The first big whopper of an omnibus budget bill occurred under the current Prime Minister in 2009. The 2010 budget omnibus bill was almost 900 pages.

Then, by 2012, the Conservatives started a new process. Ironically, my very first question in the House once I was elected was on the 2011 budget. I asked the Minister of Finance if he was planning the abuse of process constituted by an omnibus budget bill. He said he was not. Well, 2011 was indeed the last year in which we did not see omnibus budget bills. By 2012, the Conservative administration had started this new practice of putting forward two omnibus budget bills. It now refers to it as a tradition, almost like having Easter in the spring and Christmas in December. It is a tradition, apparently, that we are now going to see a 300- to 400-page spring omnibus budget bill, followed by 200-, 300-, or 400-page fall omnibus budget bill. The government has done this now for 2012 and 2013.

What this does is make a mockery of Parliament. I cannot put it more strongly than that. The idea that we would have disparate, unconnected bills, many of them never mentioned in the budget, that do substantial damage—this one in particular to labour relations, previous ones to environmental concerns—is an offence to Parliament. There is no excuse for it.

Second, I know there has been a lot of public interest in the fate of members of Parliament like myself and my party. I quite clearly represent a party with fewer than 12 MPs; I represent a party with one MP. However, I am a party in the House. So are my colleagues in the Bloc Québécois, and so are four independent members of Parliament. We were treated differently, since there were multiple motions carried through multiple committees to require that substantive amendments be submitted at committee, where we are not members and do not have equal and full rights of participation.

I will set that aside for now. That is why all of my amendments presented today are deletions. I did have substantive amendments I would have liked to present at report stage. I had 26 substantive amendments that I did present to the finance committee, and they went through a very quick ritual slaughter. I would have liked for the people of Canada to know about those amendments. I would have liked to have brought them forward at report stage.

Before I move to the specific parts of the bill that Canadians need to know about, I want to make an overarching comment.

As the only member of Parliament for the Green Party, one of the great advantages of having to watch everything while also doing due diligence on behalf of my constituents is that I am able to see everything in a comprehensive overview, not just in silos. There are themes here. There are disparate bills, but the manoeuvres are the same. The manoeuvres go in the direction of increasing ministerial discretion, reducing objective criteria, removing boards and agencies that have independent expertise, and putting bills forward instead to systems of political whim.

That certainly was the case in budget omnibus Bill C-38 and Bill C-45. They reduced criteria, letting the minister of environment or the minister of natural resources make decisions without guidance.

In this particular omnibus budget bill, we see it happening quite a lot again. I will mention just a few of the areas.

Under the Canada Labour Code changes, which my friend from the official opposition already referred to, the changes go in the direction of removing health and safety officers and leaving decisions about health and safety up to the minister.

The same kinds of changes have happened in immigration. In Bill C-4, we see substantial changes in part 3, division 16, to the expression of interest system, basically for immigrants who are coming by way of economic advantage. The decision-making would now increasingly be by ministerial discretion.

Another area where we see ministerial discretion replacing an objective system is in division 14, in which we would repeal the Mackenzie Gas Project Impacts Act and replace it with a very similar Mackenzie gas project impacts funds act. In this change the one big difference between the two acts would be to replace an objective corporation, a regional organization that would make decisions about where the funds go, entirely with ministerial discretion.

My friend and colleague from the NDP, the member for Western Arctic, had this to say about it, because he has a lot of expertise in this area. He said:

There was an independent body set up by the Conservative government through an act of Parliament to manage this money and ensure that it was managed in a correct and careful fashion, following the procedures that had been set up and the planning that had taken place in these communities over a period of two years, from 2006 to 2008.

Then I have another excerpt from his quote:

What we have now is a move to a system that would have a Conservative minister handing out cheques for particular projects as he or she deems appropriate.

Before diving into the specifics of Bill C-4, I wanted to raise into higher profile a consistent ideological theme: moving more and more decision-making in our system of government, which is a parliamentary democracy, away from Parliament, and at the same time moving decision-making of ministers into more and more discretion with less and less guidance.

Those of us who have practised law at any time know that administrative law provides a certain amount of accountability whereby a minister has to follow certain prescribed considerations or in fact delegates authority to expert boards. Less and less will we see this. More and more will we see ministerial discretion. As well, we know that ministers do not really exercise discretion, not in this administration. They do what they are told by the people at PMO, who I think one Conservative described brilliantly as a series of Stepford wives who insist on certain decisions being made a certain way.

To raise my concerns in brief, this bill would do serious damage to the health and safety provisions of the Canada Labour Code. It would change the definition of danger and the ability to refuse dangerous work. It would remove the health and safety officers.

As well, a different section of this bill would change the Public Service Labour Relations Act, again for more ministerial discretion about which aspects of public service work would be considered to be essential and therefore not open to the usual recourse that trade unions have in negotiations.

We see changes to the Immigration Act to increase ministerial discretion. I would like to cite concerns from the Canadian Bar Association on the immigration law section. They wrote to the committee:

The CBA Section has concerns about the limited consultation on this important change to Canadian immigration law and policy. Bill C-4 would substantially change the way in which economic immigrants are selected to come to Canada. The Bill would remove these changes from Parliamentary scrutiny and approval and give what appears to be unilateral authority to the Minister of Citizenship and Immigration to change selection rules and procedures.

Another section of the bill that has gotten very limited public attention is the section that appears in part 3, division 7, which is in aid of getting rid of our deficit by selling off assets. This is the sale of 20,000 hectares described as the Dominion Coal Blocks land.

My amendments at committee, had they been approved, would have provided some conservation protection. These lands are among the most ecologically significant in Canada. They are the blocks in the Flathead Valley and Elk Valley. They are an integral part of what is called the Crown of the Continent, right near the Waterton-Glacier International Peace Park, which is an international peace park on both sides of the border.

The Flathead has been protected by the strange reality of its ownership by the federal government over these years, but it is now to be sold for coal mining. We need to ensure that careful concern is applied to the conveyance of these lands and to ensure that we do not contaminate adjacent park areas. This is a concern already expressed by the United Nations.

Motions in AmendmentEconomic Action Plan 2013 Act No. 2Government Orders

December 2nd, 2013 / 12:45 p.m.


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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, let me thank my colleague from Rimouski-Neigette—Témiscouata—Les Basques for seconding all of these changes.

Let us let Canadians know what all these amendments are in aid of. We are now debating Bill C-4, a second act to implement certain provisions of the budget, except that we are dealing with another attempt by the Conservatives to pull the wool over the eyes of Canadians. We want to slow the process down so that Canadians are not blindsided again with this omnibus legislation.

This is the fourth omnibus budget bill the government has brought in. Bill C-4 amends over 70 different pieces of legislation in over 300 pages. It follows on the heels of previous omnibus budget Bills C-38, C-45, and C-60. The bill contains entirely new laws: the Mackenzie gas project impacts fund act and the public service labour relations and employment board act. There are brand new acts within the bill.

Like its predecessor omnibus budget bills, this bill contains a wide variety of measures, many of which are not even in the budget and do not have any relationship to the budget. They are changes such as gutting health and safety protections for federal jurisdiction workers; cuts to reductions at the Veterans Review and Appeal Board; repealing the Canada Employment Insurance Financing Board; and changes to how we select Supreme Court judges.

These are not budget items, yet they are crammed into an omnibus bill, within a very short timeframe, to evade the scrutiny of Parliament. Canadians will not really have a full appreciation of the changes being made. It negates the opportunity of parliamentarians to hear a full range of witnesses, to engage in thorough examination, discussion, and debate about a bill, and to then propose reasoned amendments for improvements that would help make these laws better.

As we have seen in the past, because of the short timeframe, bills have been rushed through Parliament and passed, and then the government has had to go back and correct them after the fact because of mistakes it had made.

With this bill, as with all the other omnibus bills, Conservatives accepted not one amendment. They would not change even one comma. No one else has any good ideas. They would change nothing. In our discussions at committee, there were several amendments proposed. The NDP proposed 24. Other opposition parties proposed amendments. Not one change was accepted, as in the previous omnibus budget bills.

There was a time limit imposed on our study at committee. We had only two days of witnesses, including an hour with the minister, and there was a deadline of midnight. Everything we had not voted on in the bill was deemed passed, and if it was an amendment, it was deemed rejected. That certainly did not allow us much latitude for making changes or even for trying to slow down the parliamentary process and review.

Canadians are offended by this. We have heard from many Canadians who are getting the message about the lack of democracy in these omnibus budget bills. However, we also heard expert testimony.

The Canadian Bar Association testified at our committee during the two days of study. It said that “eschewing consultation and employing omnibus bills diminish the quality of our laws and the democratic process. We urge you to reconsider these practices”.

We completely agree.

We heard a variety of witnesses oppose the process of omnibus budget bills. The Canadian Taxpayers Federation agreed with us that this is a bad way to bring in legislation.

What it does is attach unpopular measures to popular measures and does not allow the separation of issues so that there can be good and thorough debate. It prevents separate votes on issues by lumping them all together. Obviously, it is less transparent and fundamentally less democratic. We believe that this evasion of parliamentary scrutiny is not worthy of the House.

Let me deal with the notion that this bill is in any way aiding the priorities of Canadians in terms of creating jobs and a stronger economy. In this bill, the Conservatives have failed to put forward significant job creation measures at a time when we are seeing stagnating incomes, stagnating wages, insecurity in the workplace, job insecurity, and all-time high household debt. This is at a time when we have a current account trade deficit of over $60 billion, which is a record for our country.

We believe that what the Conservative government ought to do is deal with the real challenges the economy is facing. Let me quote a couple of sources. The Conservatives may feel that they know better, but let us hear what the International Monetary Fund had to say:

...the IMF no longer views Canada as the growth engine of the G7 economies. While bettering the European members, Canadian growth is projected to play second fiddle to the U.S. in 2012, 2013 and 2014. Growth in “other advanced countries” not in the G7 club, such as the Scandinavian nations and Australia and New Zealand, are also projected to outperform Canada. Going forward, it predicts the Canadian economy will continue to be held back by high household debt levels and a cooling housing market.

That is the International Monetary Fund.

Business columnist David Olive wrote:

We know from the recent American and British experience with austerity chic that you cannot cut your way to prosperity. Indeed, sucking demand, or cash, out of an economy with cutbacks to government spending—including essential services and infrastructure upgrading—merely adds to the jobless lines and cuts household incomes. That, in turn, drives up social-spending costs related to mounting unemployment.

Clearly, the Conservative government is failing on the economy.

Let us hear from Paul Wells, from Maclean's, in his recent article, “Stephen Harper and the knowledge economy: perfect strangers”. He wrote:

...by the broadest measure of expenditure on research and development, Canada has fallen from 16th out of 41 comparable countries [since] the year Stephen Harper became prime minister...

The Conservative government is failing on so many counts to do the job on the economy, yet it has an omnibus budget bill that would cram in over 60 amendments to the Canada Labour Code. Anyone working anywhere in the federal jurisdiction, not just for the federal government but perhaps in the transportation sector, banking, telecommunications, interprovincial trucking, rail, ships, trains, or airlines, would be affected by this.

It would strip the powers of health and safety inspectors. They could inspect a workplace with a phone call. However, it would not be a qualified inspector; it would just be someone the minister appointed, who would not even have to be qualified.

There are so many regressive changes in this bill that attack the basic rights of people in the workplace. It is a colossal step backward. All Canadian workers should be very concerned about this legislation. It is a colossal step backward for Canadians.

New Democrats will not support the Conservatives' attempt to evade scrutiny by Parliament and Canadians. We oppose this budget and its implementation bills, unless it is revised to reflect the real priorities of Canadian families: creating quality, well-paid jobs; ensuring retirement security; fostering opportunities for young people; and making life for families more affordable.

I see that my time is up. I thank the House for the opportunity, and I welcome questions from my parliamentary colleagues.

An Act to amend the Federal Sustainable Development Act (duty to examine)Private Members' Business

November 25th, 2013 / 11:40 a.m.


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NDP

Megan Leslie NDP Halifax, NS

Mr. Speaker, I would like to start by congratulating and thanking my friend and colleague from Brome—Missisquoi. His work on this bill shows that he is an ardent defender of his constituents' interests. As an educator and an MP, he is in regular contact with the members of his community and he understands that the people he represents are concerned about our environment.

The hon. member for Brome—Missisquoi also stands up for the interests of all Canadians. This initiative not only benefits his constituents, but all of us.

I would like to congratulate him on taking this initiative and introducing a well-thought-out and carefully crafted bill in the House of Commons. He began an important debate in the House on the type of government that we want and what we expect from our government.

We must always take into account the impact that our decisions could have on future generations. Bill C-481 serves to remind us that we cannot be shortsighted when it comes to environmental issues. We are responsible for ensuring that any bill introduced in the House meets the needs of today without compromising those of the future.

As my colleague explained, this bill will ensure that we remain committed to the Federal Sustainable Development Act, which was passed unanimously by the House in 2008.

It is a very simple idea and something that all Canadians expect from their government. If we pass a law that says that we support sustainable development, then all of our laws will be in line with those principles.

My colleague from Brome—Missisquoi's idea is beautiful in its simplicity.

Not only would the bill put sustainable development at the forefront of all federal government decision-making, it would integrate sustainable development principles with the policy-making process itself. It would guarantee that all government decisions were in line with the principles of sustainable development that we all seemed so committed to just five years ago.

Bill C-481 does this by reinforcing legislation that already exists. It turns our current strategy for sustainable development into an effective strategy. Unfortunately, the Conservative government does not share my priorities on the environment or, I think, the priorities of a majority of Canadians, for that matter.

The Conservatives have spoken several times about the importance they give to the Federal Sustainable Development Act. Past ministers of the environment, and by now there is quite a roster, have said that the act ensures that the federal decision-making process on matters of the environment is done in a transparent and coherent manner. However, while Conservatives like to mention the Federal Sustainable Development Act, they are all talk and no action.

The government has not been interested in the principles of the act, but it does like to use it as a talking point to distract Canadians from its dismal record in promoting sustainable development and from its failure to act on the environment. Much like Conservatives like to use the word “conservation” without acting or to talk about their missing-in-action oil and gas regulations, it is all about drawing attention away from their failure on these issues. As I have said in the House before, what we need is less rhetoric and more meaningful, forward-looking action.

In the past few years, because of this inaction, we have seen a regression. We are actually moving backward. The Conservative government has been systematically dismantling environmental protection laws and has been using the least transparent methods available. For proof of that, we do not have to go back too far, just to 2012, when the government's infamous omnibus budget bills, Bill C-38 and Bill C-45, were passed, two of the most destructive pieces of legislation I have ever encountered.

The government has consistently disregarded the principles of sustainable development by using omnibus legislation to weaken environmental protections and by passing that legislation without proper examination or debate. Gutting the Fisheries Act, ransacking the Navigable Waters Protection Act, muzzling scientists, completely obliterating the national round table on the environment and the economy, and continuing to subsidize the oil and gas industry with $1.3 billion a year does not sound like sustainable development to me. Neither does denying the science behind climate change, wilfully ignoring the effects of global warming, or failing miserably to meet low emissions targets that we committed to in international climate negotiations.

What else does not sound sustainable? Since coming into power in 2006, the Conservatives have cut Canada's targets for the reduction of greenhouse gas emissions by 90%. That is not sustainable; it is actually irresponsible. Our actions now mean we are burdening Canadians who will come after us.

The Federal Sustainable Development Act was supposed to signal a change in how the government makes responsible and environmentally conscious decisions on behalf of Canadians. However, it has been five years since this legislation came into effect, and the government has failed to make this crucial transformation.

Implementing an effective sustainable development strategy is an attainable and necessary goal. It is about time that we respect the commitments we made to Canadians in 2008 by passing Bill C-481. We already agreed unanimously to the principles of the bill, so let us give it some teeth.

The bill offers an efficient strategy to achieve this by giving the Department of Justice the responsibility for reviewing bills and ensuring that all proposed legislation responds to the criteria laid out in the Federal Sustainable Development Act, which we all passed. We are not asking for a complete overhaul here. This is not about red tape or another level of bureaucracy; it is a change we can actually implement now.

Bill C-481 should be implemented. The Commissioner of the Environment and Sustainable Development noted that the integration of sustainable development in decision-making is an incomplete process. Enabling Bill C-481 would help us to bridge that gap. Operationalizing an effective approach to sustainable development has worked well in Canada, and it has already been done at the provincial level in Quebec.

My leader, the leader of the NDP, in his role as Quebec's minister of the environment, sustainable development and parks, wrote North America's first sustainable development law and amended Quebec's human rights charter to create the right to live in a clean environment. That is not a privilege but a right. That is the attitude we should have in this chamber when we talk about legislation and debate ideas and think about how to work together to create a better Canada. It is a right that we need to work toward. It is a right we need to work hard to protect.

In my last few moments, I would like to turn our attention to the people who live in our ridings, whom we as members of Parliament, represent. These are families in every riding across the country in Victoria, Yellowknife, Winnipeg, Toronto, and my own riding of Halifax. As legislators, we have accepted the responsibility to represent the hopes and dreams of our constituents. For many of those people, their hopes and dreams are better lives and brighter futures for their kids and their families.

However, as it stands now, our children and grandchildren are set to inherit the worst environmental, social, and economic debt the country has ever seen. This is not intergenerational equity. It is not a future that is bright or shining with promise; it is a future that I am afraid of. It is an injustice to leave this legacy behind to the generations that follow ours.

The reality of the situation is that if we do not go forward sustainably and we do not legislate for the future instead of just thinking about the short-term gains, then we are not working to defend the hopes and dreams of our constituents or the people they care about most. We are not doing our jobs as legislators.

We owe it to future generations of Canadians to pass this bill. For them, sustainable development should not be an afterthought, window dressing, or a buzzword. An effective sustainable development policy demands that the principles of sustainability be a part of the policy-making process from the start.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 1:50 p.m.


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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, I thank my colleague from Abitibi—Témiscamingue for her question.

In fact, people currently have a very negative perception of the government's ability to establish credibility on environmental safety. Indeed, the Conservatives have gutted all environmental protections in the last budget implementation bills. Also, in Bill C-45, all protections for navigable waters were removed, giving completely free rein to pipeline projects. This is on top of the Conservatives' failure to implement or even consider the recommendations of the Commissioner of the Environment and Sustainable Development.

Here we have another fact. It has been mentioned that pipelines and tankers would transport oil and diluted bitumen, but there have not been nearly enough studies about this to know how the government would respond in case of a spill.

Therefore, when the Conservatives make cuts to science and cuts to research and, on top of that, ensure that scientists are muzzled, they lose all credibility to speak about environmental protection, scientific data and facts. It is therefore difficult to trust the Conservatives when they talk about these issues, since they remove all the factual and scientific information that could reassure us.

Economic Action Plan 2013 Act No. 2Government Orders

October 29th, 2013 / 4:25 p.m.


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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, in order for politicians to get through their very long days and heavy schedules, they have to take some pleasure in what they are doing. I must admit, however, that I did not enjoy reading Bill C-4 at all.

I therefore took a few minutes before writing these words to escape into my own mind a bit, and my thoughts turned to movies. I really had the feeling as I read through Bill C-4 that I was being shown an old movie—I am trying to refrain from saying a really bad one—in which I had played a role. I began to imagine the titles I could give to it.

If it were a French film, we could call it Rebelote. If it were an American film, we could call it The Empire Strikes Back. I must admit I spent a few moments imagining certain members of the party across the way wearing the emperor's costume or dressed as Darth Vader. I will not name them, but I will leave it up to my colleagues to picture them, given that Halloween is this week.

After these few amusing moments I allowed myself, I came back to more serious things and thought I would perhaps begin my speech with a reference to the words of the anti-slavery Republican President Abraham Lincoln, who defined democracy in the following way:

Democracy is government of the people, by the people, for the people.

That is quite simple, but quite concrete. I will not analyze this wonderful definition in detail, but the more time goes by under the Conservative regime, the more certain I become that our country is straying dangerously far from that democratic ideal.

When day after day I see how the members of this government, the Prime Minister's Office and the Prime Minister himself seem mired in expense scandals, questionable deals made behind Canadians' backs, the silencing of dissident voices and the introduction of measures that are so complex that people feel their basic rights are being breached, I sincerely worry about the very future of our parliamentary system.

For the fourth time in two and a half years, this government is trying to circumvent parliamentary and public oversight. As the saying goes, just the once will not hurt, but four times in two and a half years means it is becoming a habit for this government.

Canadians deserve better than a Conservative omnibus bill that again hurts Canadian families by increasing the cost of living and that creates very few or no jobs when all is said and done. This bill is very big. Its 300-odd pages cover 70 acts, and we have only a few days or a few weeks, to study such a bill. The entire package will very likely be studied by the Standing Committee on Finance, which must really have significant expertise in appointing Supreme Court justices, employment insurance and immigration. The committee members are exceedingly multi-talented.

I often wonder what I am doing in the House, if not fighting for democracy. These bills are so huge that it becomes very difficult to properly analyze and fully understand them. They usually contain an alarming number of wide-ranging measures intended to hide other controversial ones, such as the measures attacking Canada's public service.

For months now, the government's methods and attitude when it comes to employment insurance matters have been symptomatic of the Conservative ministers' inability to implement a policy and measures to move the country forward. These same ministers are being given more and more power with each omnibus bill.

The democratic process that is based on dialogue and collaboration was so violated that the reform turned into a hatchet job. Everywhere I go, Canadians feel attacked, deeply hurt and, worse than anything, poorer. When people feel poorer, it is because they can see it when they manage their weekly budget.

This is why we as NDP members are categorically opposed to this bill. The reasons are many, but I am going to focus on several points that deal specifically with employment insurance.

The NDP has opposed this reform from the outset. After months of consultation in the field, we came to the obvious conclusion that employment insurance reform is an economic failure and it has to be stopped as quickly as possible.

Curiously, in the provinces most affected by the reform, it is the provincial governments that now have to work to assess the disastrous consequences it brings. That is co-operation for you.

It does not make any sense. It is disrespectful for a federal government to refuse to work with its partners in other levels of government, or with practically all the members of this House. Even inside the federal government, voices are being raised to decry the way in which the government is imposing its ideology on such a sensitive issue.

I have given up counting the times when federal officials, who have always worked to serve their fellow Canadians, have shown their distress and their incomprehension at the authoritarian and brutal methods with which they are required to process claimants' files.

Unfortunately, these are not just files that have to be processed with profit-making quotas, probably. These are families that need help. That is the approach that the public service used to have. It is about supporting communities and stimulating the economy.

Bill C-4 follows the same path as the three previous omnibus bills. I am talking about Bills C-38, C-45 and C-60. Now Bill C-4 is amending 70 pieces of legislation and adding two completely new acts. I hope for the next time that this is enough. It also includes such measures as the one to abolish the Canada Employment Insurance Financing Board.

To be specific, Bill C-4 abolishes the Canada Employment Insurance Financing Board and gives the Minister of Finance the power to manipulate rate-setting. Yet another power gathered unto the bosom of a minister. What does the Canada Employment Insurance Financing Board do, or what is it supposed to do? Well, surprise, surprise, the answers in the bill are quite vague. We might say that there are none.

When the Conservatives set up the Employment Insurance Financing Board in 2008, we might have thought that they were headed in the right direction. We heard it said repeatedly in the House that this was probably a step in the right direction. However, one step forward, two steps back—that is what we have become used to with them. We thought that it might be the very tool to prevent successive governments from stealing employment insurance funds to eliminate other deficits. We expected the board to really prevent another misappropriation of that fund such as we saw under the Chrétien and Martin governments.

At that time, tens of billions of dollars in worker and employer premiums were simply stolen by the government. However, when it comes to the Conservatives, appearances can be deceiving and should never be trusted. The board remained a good intention, but in actual fact it is an empty shell, an institution without a soul, without powers and without purpose.

Let us go a bit further. The Employment Insurance Financing Board seems to bother the Conservative government. Why is this organization so bothersome? Why does it want to abolish it?

By eliminating the Canada Employment Insurance Financing Board, once again the government is toying dangerously with morality. However, we feel it is essential to guarantee the protection of the premiums paid by employers and workers throughout Canada. It is a matter of social justice and fairness for all. Who among us can be sure that he or she will have a job for life and will never have to turn to employment insurance? The answer is simple—no one can.

Why continually attack those who are looking for work? Why does the government constantly attack those who are having trouble finding long-term, stable, permanent employment?

In conclusion, unemployment is of course a major concern for NDP members. We will introduce reforms to create jobs and curtail employment uncertainty everywhere in Canada as early as 2015, and even earlier.

In 2015, when we replace this tired government that is mired in scandals, we will restore a mechanism to protect the employment insurance fund so that the money that is put into it is used in the way it was intended.

Economic Action Plan 2013 Act No. 2Government Orders

October 29th, 2013 / 1:25 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I have the same issue over and over again in my constituency office, families who have been seeking reunification, patiently waiting. I am horrified by the change in policy and the moving of the goalposts for so many families that have been doing all the right things, filing all the right papers; they find they have to start all over again.

My question is on the member's last point, on finding omnibus budget bills. In the last number of years the Conservatives have done two omnibus bills per budget. In 2012-2013 we had a spring omnibus budget bill, C-38, and then a fall omnibus budget bill, C-45, then Bill C-60 and now Bill C-4. Each of these monstrous bills has included many aspects that had nothing at all to do with the budget, but were mere expedients for pushing things through the House that much faster.

I wonder if the hon. member knows what the official opposition would do? Could we have House rules to restrict when omnibus bills are legitimate? How would the official opposition deal with this problem?