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.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:25 a.m.

Conservative

Devinder Shory Conservative Calgary Northeast, AB

Mr. Speaker, it is a very good question, but I laughed when I heard my colleague from the Liberal Party ask it.

There is nothing groundbreaking in this. Indeed, the Liberal government's last budget implementation bill in 2005 amended dozens of different pieces of legislation. A wide range of legislation was amended, including everything from the Auditor General Act, the Asia-Pacific Foundation of Canada Act, the Broadcasting Act, the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act, the Canadian Environmental Protection Act, the Canada Post Corporation Act, the Employment Insurance Act, the Public Sector Pension Investment Board Act, the Department of Human Resources Development Act and many more. I suggest my Liberal colleague go back and check his own records.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:30 a.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, it is with some concern that I rise to speak here today. I said I am concerned, and that is the right word to describe how I feel about Bill C-45, because it will have a huge impact.

The bill is over 400 pages long and amends dozens of existing laws. It is a real statutory juggernaut, if not a monster. Its repercussions will be felt for a very long time all across Canada. Instead of letting us study this bill properly, the government has imposed a gag order. That is what frightens me. How are we supposed to do our jobs if we cannot debate the bill?

I was elected to represent the people of Alfred-Pellan. How can I voice their opinions and concerns if our study of Bill C-45 is reduced to a bare minimum? It makes no sense. I would even say that this brutal way of imposing legislation on Parliament goes against common Canadian values. Canada has always been a place of debate, discussion and compromise. It is unfortunate that this government does not promote those values.

The being said, I would like to take the next few minutes to clearly explain what I dislike about this bill. My main concern has to do with the environment. Indeed, Bill C-45 seems to use every available means to gut the environmental protections that we are so proud of. As we know, Canadians have traditionally cared about respecting the environment. This has generally been the consensus, but for the past few years, ever since the Conservative government came to power, that consensus has been called into question. My Conservative colleagues do not seem to be concerned about nature. They want to put development before protection. This is a very dangerous approach that will prove ineffective in the long run.

For instance, Bill C-45 guts the protection of navigable waterways in Canada. Quite some time ago, we decided as a society that it was important to protect the lakes and rivers that we all care so much about. Thousands of waterways were thus protected by the legislation. Before developing a project like a bridge, wharf or pipeline, a proper assessment had to be done.

Is there an environmental hazard? Will species at risk be affected? What impact would an accident have on the environment? This is the type of question that made the Navigable Waters Protection Act so important. It responded to a logical requirement: it made people stop for a moment before developing without thinking. The pros and cons of a project were considered. If everything seemed fine, then the project went forward. If not, then it was back to the drawing board. This was the right way of doing things. It was an acceptable compromise between development and respect for the environment. Unfortunately, Bill C-45 is ruining all that.

Over 99% of the 33,000 bodies of water that were once protected will now be abandoned. Only a handful of rivers and waterways will still be protected under the new navigation protection act. As for the rest, it will be a wild west scenario. Companies will be able to build, develop and destroy without question. They could build a pipeline, bridge or wharf without any problems. They will build first and then have second thoughts later if things happen to go awry. The wisdom and critical judgment that were at the very heart of our values have gone out the window.

In short, the Conservatives are giving the keys to Canada's wilderness to big business. Too bad for the balance between the economy and nature, too bad for first nations, too bad for communities that care about their natural heritage and too bad for the environment. All that is being sacrificed for the sake of economic development.

My colleagues and I hope that Canada's economy grows. What we do not want, however, is for the economy to develop to the detriment of the environment. What good is making a buck if we have to destroy everything to do it? Bill C-45 is bad news for the Canadian wilderness. And yet, the beauty of that wilderness is one of the things for which we are recognized throughout the world.

If we ask people from other countries and tourists what they like about our country, they often answer that it is the wilderness and the wild open spaces. Canada has the longest coastline in the world. We have breathtakingly beautiful lakes and rivers. By doing away with the environmental protections for these waterways, Bill C-45 damages that reputation. This bill is a frightening step toward a damaged and spoiled wilderness.

I have discussed this with many of my constituents, and some environmental groups have also talked to me about it. What do they think? They are ashamed of their government. They do not understand how it can just dismiss the balance that Canadians worked hard to achieve over the past few decades. They feel like they are going back in time. The provinces and territories are also concerned about Bill C-45. By putting an end to the protection of waterways, the federal government is abdicating its responsibilities. It is abandoning all of this and letting the provinces deal with it on their own.

This means more responsibilities for the provinces without the additional funding they need. They are merely being told to deal with it. Is that the government's so-called open federalism? For the good of our federation, I hope not.

Another aspect of Bill C-45 concerns me. Earlier, I spoke a little about the economy. Upon reading the bill, I had a question: where is the government's plan to stimulate job creation?

I looked through the 400 pages and unfortunately found nothing. Of course, the government's response will be that abolishing the environmental protection of rivers will stimulate the economy. That is so cynical that I do not even want to respond. However, I must, and I will repeat that economic development does not have to happen at the expense of nature. There is a way to strike a balance. Bill C-45 will eliminate the balance in our laws.

From what I can gather, the government has only one job creation strategy: development at any cost. Not only is this despicable from an environmental point of view, but it is also counterproductive. All kinds of measures could be implemented right now to stimulate the economy and create jobs. My colleagues and I keep proposing measures right here in the House, and none of them will result in an environmental disaster.

I am thinking, for example, of reducing the obscene credit card fees charged to small and medium-sized companies. Why has the federal government not taken action on this? It is a matter of putting the major banks in their place by preventing them from abusing SMEs, which are job creators. This is simple and effective, and it would put more money in the pockets of honest business owners to help them hire people.

Giving tax breaks to small and medium-sized companies that hire would be another way to stimulate job creation. All economists agree that SMEs are essential to making Canada's economy run smoothly. They are the ones we should be helping, not the big oil companies and banks that are making money. The government does not seem to realize that. When it must choose between multinational companies that earn billions of dollars and small businesses, it chooses the big guys. Unfortunately, that does not make much sense.

We must be careful. We cannot rob Peter to pay Paul. No one, especially not me, is opposed to the existence of big companies. They also contribute a lot to our society. Once again, this is a matter of balance. As with protecting the environment, we must find a happy medium. Under Bill C-45, this happy medium will no longer exist. The government will replace it with a scale that is tilted to the right, and always more to the right.

That is why I strongly oppose the quick passage of Bill C-45. Its repercussions are much too significant and its targets are much too poor to receive my support. I urge all my colleagues to think carefully before supporting this bill. If they examine it closely they will see that it is headed in the wrong direction.

There is little time left for debate. I am very happy and grateful to have the opportunity to rise in the House today to discuss Bill C-45. However, I want to reiterate that it is extremely sad that this bill is being passed at lightning speed. It is also very disappointing that this omnibus bill was not properly studied in committee and that the few committees that did have a chance to study it did not have enough time to do so. Some of them had only one day for their study, even though this bill is over 400 pages long. It is extremely sad to see just how much our democracy is being undermined.

As a final point, I seek the unanimous consent of the House to move a motion.

I move that, notwithstanding any Standing Order or usual practice of the House, Bill C-45, in clause 321, be amended by adding after line 13 on page 291 the following: (2.1) The addition of the navigable waters listed below is deemed to be in the public interest and the governor in council shall, by regulation, as soon as is reasonably practicable after the day on which this act receives royal assent, add those navigable waters to the schedule, including, with respect to lakes, their approximate location in latitude and longitude and, with respect to rivers and riverines, the approximate downstream and upstream points, as well as a description of each of those lakes, rivers and riverines, and where more than one lake, river or riverine exists with the same name indicated in the list below, the governor in council shall select one to be added, namely: Sunken Lake, Thonokied River, Bear Head Lake, Shark Lake, Coyne Lake, Ontadek Lake, Frame Lake, Rufus Lake, Barnston Lake, Great Bear Lake, Anderson River, Tuitatui Lake, Hornaday River, Bedford Lake and Basile Lake.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:40 a.m.

The Acting Speaker Bruce Stanton

Does the hon. member for Alfred-Pellan have the unanimous consent of the House to propose this motion?

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:40 a.m.

Some hon. members

Agreed.

No.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:40 a.m.

The Acting Speaker Bruce Stanton

There is no unanimous consent.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:40 a.m.

Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, under successive Conservative governments, the economy has repeatedly been pitted against the environment. Laws have been weakened and repealed to fast track development, putting the environment and the health and safety of Canadians at risk. The Conservative government should recognize that our children are being exposed to unsafe environments and should meaningfully address this challenge. The government should put health, and particularly children's health, back in the environment debate. Simply put, our future depends on it.

I would like to ask the member when the debate changed from protecting the environment to safeguard human health and wellbeing to gutting environmental protection to streamline expansion and growth. Is it not time we made human health, and particularly our most vulnerable, our children, a consideration in the environmental debate?

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:40 a.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I thank my hon. colleague from Etobicoke North for her question and comments. This all reminds me of a householder I sent out a few weeks ago in Alfred-Pellan to the people of Laval. The document addressed some environmental concerns and, more specifically, Canada's withdrawal from the Kyoto protocol.

My colleague might be surprised to learn that dozens, if not hundreds, of my constituents wrote to me about this, explaining how upset they were about Canada's withdrawal from all these environmental programs and about the destruction of our environmental laws. They noted that the Conservatives are not thinking about future generations and wondered why this government is acting this way. My colleague's comments are therefore very relevant, and it is important that the government across the way realize this.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:40 a.m.

NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I listened very closely to my colleague's speech. She had a lot to say about the environment. A very happy event is approaching for her and her loved ones, but what legacy will we be leaving for future generations if the government undermines environmental legislation and takes away research and development sector subsidies that are crucial to the development of green energy?

There is nothing in this bill for wind or solar power, absolutely nothing for the development of hydrogen-powered vehicles, and nothing to restrict greenhouse gas emissions from the auto industry either. China and the United States now have greenhouse gas emissions standards for vehicles coming off the assembly line. Canada has done nothing. What impact will this have on future generations?

How sad it is to see the government undermine the economy like that. Sometimes, all it takes to stimulate job creation is support for local economies. But the government is not doing anything in this budget.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:45 a.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I would like to thank my colleague from Compton—Stanstead for sharing his totally legitimate concerns and comments with us.

What does this bill have to offer future generations in terms of environmental standards? Unfortunately, it contains no environmental standards to protect future generations. As I mentioned, the official opposition and my Liberal colleagues are not the only ones worried about this problem. Many of the people of Laval, who care deeply about their environment, are worried too.

People at the eastern end of Laval are strongly attached to their bodies of water. Two navigable rivers cross the riding: the Rivière des Mille Îles and the Rivière des Prairies. People in that lovely part of the country really want all of their bodies of water, which they are constantly trying to raise awareness of, to remain protected and to be in better shape for future generations.

I was talking about this to the Conseil régional de l'environnement de Laval, with which the four Laval MPs work very hard. The organization is shocked at the extent to which the government is abandoning future generations and at how little attention Bill C-45 pays to sustainable development and the environment.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:45 a.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Marquette, MB

Mr. Speaker, I am very pleased to rise to speak today about our government's priorities: jobs, growth and long-term prosperity.

The Minister of Finance is doing a terrific job with our financial policies and has helped create well over 800,000 new jobs since the global economic recession. This has made Canada the envy of the world and the G8. We will continue to become more competitive as we invest in infrastructure, science, innovation and tax reduction while reducing barriers to trade. We have initiated the most ambitious trade expansion plan in Canadian history. We are strengthening our ties with the U.S., opening trade agreements with India and the European Union, building our growing trade relationship with Asia and much more.

Expanded trade benefits the resource communities I represent and the ones the members opposite want to destroy with their policies. In my constituency, many export crops are grown. Probably the most important is canola. Indeed, my riding is the number one canola-producing constituency in the country. Farmers, jobs and value-added industries depend very strongly on this trade.

This is a government that has continually lowered taxes. It has cut taxes over 140 times. Budget 2012 spends Canadian taxpayer dollars responsibly, with the goal of balancing the budget and ensuring that a strong plan is in place to create jobs.

We are working to strengthen the financial security of workers, businesses and families and to create good jobs and long-term prosperity from coast to coast to coast. To do this, we will extend by one year the hiring tax credit for small business. This has helped many small businesses in my own constituency. Many businesses in my constituency export to the United States and around the world. I hope that the NDP and Liberals opposite do not disregard the importance of these small job creators by continuously attacking the resource sector that works hand in hand with the small businesses that need the oil, gas, lumber and metals they produce to make their goods and fuel their businesses.

We will invest in upgrades to infrastructure to maintain safe rail service, renew the Canadian Coast Guard fleet and improve facilities at our borders. Furthermore, we will increase funding for skills training for students, older workers and Canadians with disabilities. We are also working to reform Canada's immigration system.

In terms of our responsible resource development program, in 2010, Canada's natural resources sectors employed more than 760,000 workers across the country. Right now the mining and energy sectors alone represent 10% of the Canadian economy and 40% of our exports. In the next 10 years, more than 500 new projects, representing over $500 billion in new investment, will be proposed for Canada. The potential for job growth is simply enormous.

Since 2006, our government has been working to streamline the review process. Our efforts have already made a difference, without any negative environmental impact whatsoever. Currently, companies undertaking major projects must navigate a complex maze of regulatory requirements, long approval processes, and most importantly, unpredictability. That is why our government is acting, in Canada's economic action plan 2012, with our plan for responsible resource development.

Responsible resource development streamlines the review process for major economic projects by providing predictable timelines for project approvals. It prevents long delays that kill potential jobs and stall economic growth by putting valuable investment at risk. Responsible resource development will create good, skilled, well-paying jobs in cities and communities across Canada while continuing to maintain the highest possible standards for protecting the environment. Again, emerging economies, such as Asia, are burgeoning markets for our natural resources.

I serve on both the fisheries and the environment committees of the House. I would like to talk a bit more about these two areas and the importance of the sustainable use of our resources and how government can play a productive role working with the conservation community and resource industries.

In terms of fisheries, our government is introducing changes that will focus on fish and fish habitat protection rules. These changes solidify our government's commitment to protecting recreational, commercial and aboriginal fisheries and the habitat that supports them. We are adopting a sensible and practical approach to managing real and significant threats to fisheries and the habitat that supports them while minimizing the restrictions on routine, everyday activities that have little or no impact on the productivity of Canada's fisheries.

The old laws were indiscriminate and meant that all bodies of water where fish live or could possibly live, or might live in another time, are subject to the same rules and evaluation regardless of size and environment, and most importantly, are in line with their contribution to a fishery that people actually use. We have heard Canadians tell us about farmers being prevented from cleaning out their irrigation canals, municipalities being delayed in repairing infrastructure and doing routine maintenance, businesses not being allowed to clear flooded fields and campsites and cottage owners prohibited from keeping up their properties, all because of the existing rules that lack common sense.

The new changes would focus the rules by drawing a distinction between vital waterways that support important fisheries in Canada, and unproductive bodies of water, like drainage ditches and irrigation canals, as well as identifying and managing real threats to the fisheries, including direct impacts on fish, habitat destruction and aquatic invasive species.

The fisheries minister would also have tools to establish clear new and accessible guidelines for Canadians to follow for projects in or near water. Regulatory standards actually do not exist at this time for routine low-risk projects, such as building boat launches or docks. The minister could now identify ecologically significant areas that require enhanced protection. Currently, all areas are treated the same under the law. As a fisheries biologist myself, I agree with focusing our efforts on bodies of water that have fisheries important to people and local communities.

These changes would also allow the government to enforce the conditions associated with Fisheries Act authorizations. At present, DFO cannot enforce the conditions. We would align infractions under the Fisheries Act—

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:50 a.m.

The Acting Speaker Bruce Stanton

Order, please. The hon. member for Winnipeg North is rising on a point of order.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:50 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, could you indicate what the quorum count is currently? Are there enough members in the House for a quorum?

And the count having been taken.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:50 a.m.

The Acting Speaker Bruce Stanton

Seeing sufficient quorum for the debate to continue, the hon. member for Dauphin—Swan River—Marquette.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:50 a.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Marquette, MB

Mr. Speaker, without a doubt, Canada's families deserve the cleanest air, water and environment possible and the trends are good for Canada's environment. That is why, since 2006, our Conservative government has made major investments to preserve our environment and protect the health and wellbeing of Canadian families for today and tomorrow. The list includes $1.1 billion for the eco-energy retrofit homes program; $1 billion for a priorities, such as green energy generation and transmission infrastructure; $1 billion to support pulp and paper mills to reduce their emissions and become leaders in the production of renewable energy from biomass; $1 billion in support of clean energy research; $200 million to help address the health and environmental risks posed by dangerous chemicals through the chemicals management plan; $100 million to support clean energy generation in Canada's forestry sector; $68 million to clean federal contaminated sites; $38 million to reduce the risk of invasive plant and animal species; $35 million to support climate and atmospheric sciences research; $27 million to improve Canada's weather services; over $18 million to support reporting on key environmental indicators, such as clean air, clean water and greenhouse gas emissions; $16 million to protect and clean the Great Lakes, and I could go on and on. The list is absolutely enormous.

Economic action plan 2012 builds on our Conservative government's impressive record of supporting a cleaner and more sustainable environment. We are committed to providing continued support to clean up Canada's lakes, including Lake Winnipeg and Lake Simcoe, and providing expanded tax relief for clean energy generation.

Economic action plan 2012 supports families and communities, strengthens health care in rural and remote communities and, of great importance to my constituency, strengthens access to broadband in rural areas. Moreover, in Manitoba, as the country knows, flooding is a significant issue. Economic action plan proposes up to $99.2 million over three years to assist the provinces and territories with the cost of permanent flood mitigation.

We are also increasing access to support for business innovation, and federal transfers to provinces and territories are at a record high. I have a lot more information to provide, but I see that my time is up. I would say that I am very proud to be part of our government that is focusing on ensuring that Canada remains economically strong.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 11:55 a.m.

NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I would like to commend my colleague on his speech and tell him that, yesterday, I was in Conservative ridings in the area of Saint-Georges-de-Beauce and Lac-Mégantic to tell the people there that Lac Mégantic and Rivière Chaudière will no longer be protected under the Navigable Waters Protection Act.

What a surprise. The people there were not aware that this was happening. I therefore encouraged them to find out about what the Conservatives are up to. Why are Lac Mégantic, Rivière Chaudière and Rivière Saint-François in my riding being abandoned while hundreds of lakes and rivers in Conservative ridings—at a rate of 90%—are being protected?

Why this unfairness? Why do the people of Drummond, Lac-Mégantic and Saint-Georges not also deserve to have their waterways protected under the Navigable Waters Protection Act?