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 / 12:35 p.m.

NDP

Peggy Nash NDP Parkdale—High Park, ON

moved:

Motion No. 278

That Bill C-45 be amended by deleting Clause 180.

Motion No. 279

That Bill C-45 be amended by deleting Clause 181.

Motion No. 280

That Bill C-45 be amended by deleting Clause 182.

Motion No. 281

That Bill C-45 be amended by deleting Clause 183.

Motion No. 282

That Bill C-45 be amended by deleting Clause 184.

Motion No. 286

That Bill C-45 be amended by deleting Clause 206.

Motion No. 287

That Bill C-45 be amended by deleting Clause 207.

Motion No. 288

That Bill C-45 be amended by deleting Clause 208.

Motion No. 289

That Bill C-45 be amended by deleting Clause 209.

Motion No. 292

That Bill C-45 be amended by deleting Clause 219.

Motion No. 293

That Bill C-45 be amended by deleting Clause 220.

Motion No. 294

That Bill C-45 be amended by deleting Clause 221.

Motion No. 295

That Bill C-45 be amended by deleting Clause 222.

Motion No. 296

That Bill C-45 be amended by deleting Clause 223.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 12:45 p.m.

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

moved:

Motion No. 297

That Bill C-45, in Clause 223, be amended by deleting lines 16 to 26 on page 239.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 12:45 p.m.

NDP

Peggy Nash NDP Parkdale—High Park, ON

moved:

Motion No. 299

That Bill C-45 be amended by deleting Clause 224.

Motion No. 300

That Bill C-45 be amended by deleting Clause 225.

Motion No. 302

That Bill C-45 be amended by deleting Clause 226.

Motion No. 303

That Bill C-45 be amended by deleting Clause 227.

Motion No. 304

That Bill C-45 be amended by deleting Clause 228.

Motion No. 305

That Bill C-45 be amended by deleting Clause 229.

Motion No. 306

That Bill C-45 be amended by deleting Clause 230.

Motion No. 307

That Bill C-45 be amended by deleting Clause 231.

Motion No. 308

That Bill C-45 be amended by deleting Clause 232.

Motion No. 309

That Bill C-45 be amended by deleting Clause 233.

Motion No. 310

That Bill C-45 be amended by deleting Clause 234.

Motion No. 311

That Bill C-45 be amended by deleting Clause 235.

Motion No. 312

That Bill C-45 be amended by deleting Clause 236.

Motion No. 313

That Bill C-45 be amended by deleting Clause 237.

Motion No. 314

That Bill C-45 be amended by deleting Clause 238.

Motion No. 315

That Bill C-45 be amended by deleting Clause 239.

Motion No. 316

That Bill C-45 be amended by deleting Clause 240.

Motion No. 317

That Bill C-45 be amended by deleting Clause 241.

Motion No. 318

That Bill C-45 be amended by deleting Clause 242.

Motion No. 319

That Bill C-45 be amended by deleting Clause 243.

Motion No. 320

That Bill C-45 be amended by deleting Clause 244.

Motion No. 321

That Bill C-45 be amended by deleting Clause 245.

Motion No. 322

That Bill C-45 be amended by deleting Clause 246.

Motion No. 323

That Bill C-45 be amended by deleting Clause 247.

Motion No. 324

That Bill C-45 be amended by deleting Clause 248.

Motion No. 325

That Bill C-45 be amended by deleting Clause 249.

Motion No. 326

That Bill C-45 be amended by deleting Clause 250.

Motion No. 327

That Bill C-45 be amended by deleting Clause 251.

Motion No. 328

That Bill C-45 be amended by deleting Clause 252.

Motion No. 329

That Bill C-45 be amended by deleting Clause 253.

Motion No. 330

That Bill C-45 be amended by deleting Clause 254.

Motion No. 331

That Bill C-45 be amended by deleting Clause 255.

Motion No. 332

That Bill C-45 be amended by deleting Clause 256.

Motion No. 333

That Bill C-45 be amended by deleting Clause 257.

Motion No. 334

That Bill C-45 be amended by deleting Clause 258.

Motion No. 335

That Bill C-45 be amended by deleting Clause 259.

Motion No. 336

That Bill C-45 be amended by deleting Clause 260.

Motion No. 337

That Bill C-45 be amended by deleting Clause 261.

Motion No. 338

That Bill C-45 be amended by deleting Clause 262.

Motion No. 339

That Bill C-45 be amended by deleting Clause 263.

Motion No. 340

That Bill C-45 be amended by deleting Clause 264.

Motion No. 341

That Bill C-45 be amended by deleting Clause 265.

Motion No. 344

That Bill C-45 be amended by deleting Clause 266.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 12:50 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

,

seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 345

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.”

Motion No. 346

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.”

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 12:50 p.m.

NDP

Peggy Nash NDP Parkdale—High Park, ON

moved:

Motion No. 347

That Bill C-45 be amended by deleting Clause 267.

Motion No. 348

That Bill C-45 be amended by deleting Clause 268.

Motion No. 349

That Bill C-45 be amended by deleting Clause 269.

Motion No. 350

That Bill C-45 be amended by deleting Clause 270.

Motion No. 351

That Bill C-45 be amended by deleting Clause 271.

Motion No. 352

That Bill C-45 be amended by deleting Clause 272.

Motion No. 353

That Bill C-45 be amended by deleting Clause 273.

Motion No. 354

That Bill C-45 be amended by deleting Clause 274.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 12:50 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

,

seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 355

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.”

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 12:50 p.m.

NDP

Peggy Nash NDP Parkdale—High Park, ON

moved:

Motion No. 356

That Bill C-45 be amended by deleting Clause 275.

Motion No. 357

That Bill C-45 be amended by deleting Clause 276.

Motion No. 361

That Bill C-45 be amended by deleting Clause 277.

Motion No. 362

That Bill C-45 be amended by deleting Clause 278.

Motion No. 363

That Bill C-45 be amended by deleting Clause 279.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 12:50 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

,

seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 364

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”

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 12:55 p.m.

NDP

Peggy Nash NDP Parkdale—High Park, ON

moved:

Motion No. 365

That Bill C-45 be amended by deleting Clause 280.

Motion No. 366

That Bill C-45 be amended by deleting Clause 281.

Motion No. 368

That Bill C-45 be amended by deleting Clause 282.

Motion No. 369

That Bill C-45 be amended by deleting Clause 283.

Motion No. 370

That Bill C-45 be amended by deleting Clause 284.

Motion No. 371

That Bill C-45 be amended by deleting Clause 285.

Motion No. 372

That Bill C-45 be amended by deleting Clause 286.

Motion No. 373

That Bill C-45 be amended by deleting Clause 287.

Motion No. 374

That Bill C-45 be amended by deleting Clause 288.

Motion No. 375

That Bill C-45 be amended by deleting Clause 289.

Motion No. 376

That Bill C-45 be amended by deleting Clause 290.

Motion No. 377

That Bill C-45 be amended by deleting Clause 291.

Motion No. 378

That Bill C-45 be amended by deleting Clause 292.

Motion No. 379

That Bill C-45 be amended by deleting Clause 293.

Motion No. 380

That Bill C-45 be amended by deleting Clause 294.

Motion No. 381

That Bill C-45 be amended by deleting Clause 295.

Motion No. 382

That Bill C-45 be amended by deleting Clause 296.

Motion No. 383

That Bill C-45 be amended by deleting Clause 297.

Motion No. 384

That Bill C-45 be amended by deleting Clause 298.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 12:55 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

,

seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 385

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”

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 1:05 p.m.

Bloc

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

moved:

Motion No. 386

That Bill C-45 be amended by deleting Clause 307.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 1:05 p.m.

NDP

Peggy Nash NDP Parkdale—High Park, ON

moved:

Motion No. 389

That Bill C-45 be amended by deleting Clause 308.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 1:05 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

,

seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 390

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”

Motion No. 392

That Bill C-45, in Clause 308, be amended by adding after line 5 on page 273 the following:

“(1.02) The Minister shall cause a copy of each proposed regulation made under subsection (1.01) to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate committee of that House.

(1.03) A regulation may not be made before the earliest of

(a) 30 sitting days after the proposed regulation is laid before Parliament,

(b) 160 calendar days after the proposed regulation is laid before Parliament, and

(c) the day after the day on which each appropriate committee has reported its findings with respect to the proposed regulation.

(1.04) The Minister shall take into account any report of the committee of either House. If a regulation does not incorporate a recommendation of the committee of either House, the Minister shall lay before that House a statement of the reasons for not incorporating it.

(1.05) A proposed regulation that has been laid before Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not.”

Motion No. 393

That Bill C-45, in Clause 308, be amended by replacing line 5 on page 273 with the following:

“system or officer, and any personal information relating to the authorization may only be disclosed in accordance with the Privacy Act.”

Motion No. 394

That Bill C-45, in Clause 308, be amended by adding after line 5 on page 273 the following:

“(1.02) No private security company shall be involved in the collection, dissemination, retention or disposal of private information obtained for the purposes of the electronic authorization system referred to in subsection (1.01).”

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 1:05 p.m.

NDP

Peggy Nash NDP Parkdale—High Park, ON

moved:

Motion No. 395

That Bill C-45 be amended by deleting Clause 309.

Jobs and Growth Act, 2012Government Orders

December 4th, 2012 / 1:05 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

, seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 396

That Bill C-45, in Clause 309, be amended by adding after line 12 on page 273 the following:

“(4) Within six months after the day on which the regulations relating to electronic travel authorizations referred to in subsection 11(1.01) come into force, the impact of such authorizations on privacy rights must be assessed and the assessment reported to each House of Parliament.”

Motion No. 397

That Bill C-45, in Clause 309, be amended by adding after line 12 on page 273 the following:

“(4) Regulations relating to electronic authorizations referred to in subsection 11(1.01) shall not be made earlier than two years of the coming into force of this subsection to allow for consultation with the tourism industry and other interested parties to assess the potential impact of the regulations on that industry.”