Bill C-45 (Historical)

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

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.

Jobs and Growth Act, 2012

[Kennedy Stewart, NDP, Burnaby—Douglas, BC]

Mr. Speaker, it is my pleasure to stand and speak today to Bill C-45, the second omnibus budget implementation act. As with Bill C-38 this past spring, New Democrats oppose Bill C-45 on both content and process. This bill continues on the path set by Bill C-38, which puts more power in the hands of cabinet ministers and guts environmental protections.

As the official opposition critic for science and technology, I will focus my comments on the aspects of the bill concerning my area of focus, especially those concerning the scientific research and experimental development tax credit. However, I will start with a few general comments.

As we have heard in the House today, Bill C-45 is another massive omnibus bill. Once again, the Conservatives are trying to ram legislation through Parliament without allowing Canadians and their MPs to thoroughly examine it. What is disturbing is the PBO has said that the budget will actually cost 43,000 Canadians their jobs, but we hear otherwise from the Conservatives. In fact, this budget actually plans for unemployment to rise from the cuts that are being made to government, especially the scientific and research community. New Democrats oppose budget 2012 and its implementation, unless it is amended to focus on the priorities of Canadians, which is creating good quality and strengthening our health care system.

Turning to science and technology, I have been meeting with scientists, engineers, technologists and members of industry since appointed as the science and technology critic. I have done a lot of face-to-face meetings, I have spoken with people electronically and I have had the opportunity to visit a number of public and private facilities. The scientific community, and I mean this very broadly, not just natural scientists but also social scientists, engineers and technologists, is very concerned, and so am I, about the government's approach to science and technology. I will provide a few details especially as they concern this budget.

We have seen in report after report that one of our main strengths in terms of productivity in our country concerns the world-leading research done at our universities and government institutions, like the National Research Council. Many people may not know this, but almost 3% of the peer-reviewed papers published in Canada are produced by researchers at the National Research Council. This is a good fraction of what is produced worldwide. Peer-reviewed research is produced at universities but also at the NRC.

One of our strengths is our research output, but one of our main weaknesses is that Canadian companies are not investing in R and D at the same rate as companies located elsewhere in the world. This point was hammered home in the Jenkins report that we hear quoted in the House very often. Lack of investment in research and development has led to plummeting productivity levels as compared to the U.S. Our productivity is around 70% of U.S. productivity.

The Conservatives are right to view this is as a problem, but the solution to this problem of declining productivity is mind boggling. The Conservatives are trying to fix productivity rates that are really caused by low levels of private investment by Canadian firms and are planning to attack the part of the innovation supply chain that is performing well. The scientific community working in universities and government research organizations is really punching above its weight internationally. The government is shifting funding from these well-operating parts of our economy over to business, and that is a mistake.

The Conservatives are cutting hundreds of scientists from government rolls, they are closing world-class facilities, one of which I visited just the other day, they are radically changing the funding structures for scientists, both within government and without, and they are muzzling the government scientists who remain.

I have talked to researchers both in industry and outside of industry and in universities. I sat down with a panel of physicists the other day. The physicists said that what was developing in Canada was poisoning the culture, that scientists were afraid of speaking out because they were worried about having their funding cut or, worse, getting fired. This is a really dangerous thing to do. The Conservatives are attacking a scientific culture that has taken almost a hundred years to build. For example, the National Research Council came in place in 1916. We were almost going to celebrate a centenary, but now we find this is under attack.

The National Research Council was considered the jewel of the Canadian research crown for many years. It is headed by Nobel Prize winners. It has brought us all kinds of inventions that started as just ideas and made it all the way to the factory floor and onto the shelves of consumers

The Minister of State for Science and Technology has said that he wants to take this venerable and well-respected research institution and turn it into a 1-800 concierge service for industry. Therefore, instead of winning Nobel Prizes, Nobel scientists will now hold the door open for industry and carry its bags. If I were a research scientist looking at where I would take my top level research, going to the National Research Council in its past glory would be great, I would get the funding and atmosphere that I need to work, but becoming a concierge or a bellhop is not really what I would be looking for.

Let us talk about the 124 NRC researchers who received their pink slips this year, 90 of them last week. If we think about the progress of a researcher, they get a BA after four years, a Masters in Science for two years, a Ph.D., a post-doctorate, to have to go and set up labs. We are talking about 15 to 20 years someone has invested in becoming a researcher. It is a portable skill, but it has to be located at an institution. What concerns me is people at the NRC who have come out of university and set up these labs, when they are given a pink slip, it is not like they go next door and start up another career. It is a major loss of investment. This really needs to be thought through before we go too much further down this line.

This fear of the change in culture has been expressed to me in many letters. The Minister of State for Science and Technology is familiar with this because I am copied on most of the letters he receives. They express fear and really want the government to slow down in terms of how it is hacking away at these various institutions.

I want to change now to a more specific matter, and that is the scientific research and experimental development tax credit. The government proposes to reduce the tax credit rate from 20% to 15% and this will particularly affect large businesses. It will eliminate the eligibility of capital expenses. Although it would save up to $500 million a year by making these changes, it has not made it over to any new program, or not all of it anyway. It is really just straight savings for the government and attacks businesses right where they live in the innovation field. This will hit the manufacturing sector hard and it is likely to drive firms to move their R and D activities to other countries that have better incentives.

Conservatives have done nothing to fix the complexity of the SR&ED tax credit, which I agree needs some adjustment but it is more in the administration of this tax credit rather than throwing the baby out with the bathwater. Instead of reducing the credit for industry, it should be looking at administrative changes instead. The government has done nothing to reduce the complexity and overhead costs of applying for and administering the SR&ED tax credit.

The member for Burlington said earlier today that he was getting positive feedback from industry, but I have had a number of different comments and he should be aware because they came at the industry committee. For example, Declan Hamill, vice-president, Legal Affairs, Hoffman-La Roche Ltd., said when asked about the SR&ED tax credit:

From our perspective there are changes to the SHRED tax credits that have some potential negative impacts on our member companies.

Probably most serious, were the comments from RIM. Morgan Elliott, director of Government Relations for Research in Motion, which makes the Blackberry, said when I asked him directly what this change in the SR&ED tax credit would mean. “It cuts our support by one-third”. Here is the jewel in the private industry crown of technology in Canada that has been struggling lately, seems to be getting back on its feet, and what does the government do? It cuts one-third of its support with these changes.

It is hardly a ringing endorsement for these changes. I submit there are problems with the bill and the government should, at the very least, split out the SR&ED tax credit changes and refer them to the industry committee for further study.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I thank my colleague from Jeanne-Le Ber, who has allowed me to come back to a very important part of the discussion we have had in the House about Bill C-45, a discussion that will unfortunately be too short, since once again, the government has imposed a time allocation motion.

When the government says that parliamentary rules and procedures are not important, it is rejecting the very essence of our work. These rules provide a framework for our debates and ensure a transparent, clear and fair process for everyone. The government says that these rules are just a technicality and that getting a majority by winning an election with barely 30% of the vote means that Canadians gave it a mandate to do whatever it wants. That is an aberration and an abuse of the trust of the people we represent here.

We are here to speak on behalf of all Canadians. However, if every time the government introduces a budget bill it tries to stifle the opposition, which represents a considerable number of people, there is a problem because our democracy is eroding. Changes need to be made, and fast.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I did not realize that I was speaking so quickly or that what I was saying was so complicated. Next time I will make sure that I speak more slowly.

As for the consultations, do they truly take into account the opinions expressed by Canadians? It is one thing to talk to people, but if we do not take what they are saying into account, then there is no point.

The consultations on Bill C-45 that I mentioned would follow up on this government's oh-so-magnanimous decision to allow 10 committees to study this bill. That is perhaps when we will hear from witnesses, but if there is no opportunity to present amendments, then it is a complete waste of time. I hope that I clarified my position for the hon. member.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

I'm sure we'll have you here on Bill C-45, on navigable waters, as an example, but that's a conversation for another day. I'm sure that as an organization you will have lots to say.

Mr. Buy, you said “less than 60 weeks”. Were you talking 10 weeks, 20 weeks? What is the normal length for your programs?

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I would like to take a moment to point out how ironic it is that, on the one hand, the Minister of Finance is telling us in this House that we should have done our jobs over the summer and read the budget and memorized every aspect of it, while on the other hand, when we ask our Conservative colleagues to tell us a little more about certain measures that can be found on specific pages of the budget, they are completely incapable of doing so.

Let us move on to something else and get back to a more crucial matter: my speech.

I am extremely proud to rise here today in the House to oppose Bill C-45, the Conservatives' latest omnibus bill. Despite harsh criticisms from hundreds if not thousands of Canadians when the Conservatives introduced Bill C-38, here they are again introducing another gigantic bill that addresses pretty much anything and everything but the 2012 budget.

Bill C-45, the second mammoth budget bill, amends over 60 different laws and is over 400 pages long, and the government drafted it without consulting anyone at all. Once again, the Conservatives are trying to ram their legislation through Parliament without giving Canadians and their elected representatives an opportunity to examine it in detail, which is what should happen in any good democracy.

Over the past few days, I have heard far too many Conservative members state that the parliamentary process and procedural matters are trivial details and that Canadians do not care about things like that. They have said that omnibus bills and other tactics to undermine democracy have been used for decades, that it is no big deal, that it has always been this way and that our democracy is in great shape.

As an example of this, I would like to share parts of a speech given on October 24 by the member for Saint Boniface. She made some rather disturbing statements to that effect. I will read them in English because the original version is so eloquent and delightful that it is worth reading in the original language.

From the opposition members, we will hear a lot of talk about process and procedure, or what some would call “inside baseball”, that appeals to a small number of Canadians, mostly located in Ottawa. They talk about process to dictate the exact length of the debate, procedure for the formatted legislation, process for a timeline for a committee study, and on and on.

A little later in the same speech, she added:

In other words, it is really meaningless to the everyday lives of the vast majority of Canadians...

I must admit that I was quite surprised and disappointed to hear a government member say such things. I spoke to many constituents in my riding, Portneuf—Jacques-Cartier, whose reaction to such statements was exactly the same as mine. Having a majority does not absolve the government of its obligation to be transparent, open and accountable, nor does it give the government the right to abuse the public trust by introducing omnibus bills like this one, which MPs cannot examine properly and carefully. The government is breaking parliamentary rules every day and abusing those rules in order to hide its true agenda from the people. Then it has the nerve to say that Canadians do not really care. That is shameful.

Just like Bill C-38, Bill C-45 eviscerates current environmental protection measures and concentrates even more power in the hands of Conservative ministers. Quite honestly, I find that prospect less than thrilling.

First of all, Bill C-45 guts the Navigable Waters Protection Act by eliminating the concept of water protection from the name of the act and from the legislation, and focusing solely on the issue of protecting navigation. With the exception of three oceans, 97 lakes and 62 rivers in all of Canada, the act will no longer apply automatically to projects that have a direct impact on waterways. Of the 37 rivers in the Canadian heritage rivers system, only 10 will be protected by the law that has been newly gutted by the government. As a result of the Conservatives' bullheaded ideology, thousands of waterways will no longer be protected automatically and even fewer environmental impact assessments will be carried out by Transport Canada. The provinces will have to fill the void, without any compensation, of course.

These major changes to the Navigable Waters Protection Act are particularly worrisome for people who live in ridings such as mine, Portneuf—Jacques-Cartier, which has several hundred wetlands, streams and rivers, as well as extensive access to the St. Lawrence River.

Waterways are at the heart of many economic activities vital to the riding of Portneuf—Jacques-Cartier, especially tourism. Their protection is of the utmost importance to my constituents. Therefore, the amendments proposed by the Conservatives to the Navigable Waters Protection Act are some of the most troubling for the people in my riding.

In addition to these changes, Bill C-45 also amends the Canadian environmental assessment act 2012, in part to deal with problems noted in the last budget implementation bill, but primarily to further weaken environmental impact assessments.

These are two major issues that affect the environment, but I could go on about others for hours and hours. There are all the amendments to the public service pension plan and to the Canada Grain Act, which are being proposed without any consultation. Once again, these changes will have a great impact on my riding and the many farmers who live there. There are also amendments to the Canada Labour Code, which will affect women and young people in particular, because they often must work part time for lack of other opportunities.

As they have so often done in the past, the Conservatives are doing everything they can to bypass Parliament so that they do not have to be accountable to Canadians.

Every time the government introduces a new bill, it violates the underlying principles of our democracy by restricting parliamentary debate and in-depth study of its bills. Bill C-45 is just the latest in a long line of autocratic Conservative tactics. Unfortunately, this is becoming an extremely regrettable tradition in Canada's Parliament.

As a new member, this is not how I wanted to work. The NDP has tried very hard to work with the other parties. However, every time we try to work with the Conservatives, they shut the door and do as they please, even if it means introducing other bills later and wasting MPs' and Canadians' time. For example, they introduce new legislation to fix problems with a previous bill that the opposition pointed out before the bill was passed. That is a huge waste of time. They are completely uncompromising and do not want to work with the opposition.

As we have heard over and over, the Parliamentary Budget Officer stated that members do not have enough information to reasonably exercise their power of oversight. In fact, the PBO had to threaten to put the matter before the courts to gain access to even a little information about the Conservatives' budget cuts. The Conservatives say that the PBO is overstepping his mandate, and they do not want to provide the information.

How are we supposed to analyze the budget if we do not know what the government is spending and where it is making cuts? This new way of keeping everyone in the dark is highly dangerous and worrisome. I hope that the PBO will not have to go to court to get the information that all members of the House need. The Conservative members need it too. I am sure that they are just as much in the dark as the opposition members. They do not have the information they need to do their work, yet they are making decisions to block the democratic work of Parliament and, as such, they are not living up to the trust that their constituents have placed in them.

The government has agreed to have 10 parliamentary committees study this second omnibus bill. At first glance, that gesture may seem like a sign of goodwill on the government's part, but, make no mistake, that is not the case. Those committees will not be able to amend Bill C-45. We are not yet sure of the answer, but it is obvious. Members of Parliament will be asked to sit in committee and witnesses across the country to travel and discuss the bill, its impact on the public, its potentially disastrous consequences or legislative gaps that we have not yet identified, but this work will be in vain. People will be asked to come and waste their time, and the Conservatives will still do exactly what they want without taking into account what anyone has to say.

Clearly, with their bill that is several hundred pages long, the Conservatives want to prevent the opposition members from doing their job by trying to cover up major ideological changes to more than 60 bills.

The Conservatives are proud to spend tens of millions of dollars on advertising propaganda, but then they tell Canadians that there is not much money for services that are essential to them.

We in the NDP have always proudly defended the concepts of transparency and accountability, and we are going to continue to do so every day. We have always defended environmental protection, old age security and health care, and we are going to continue to do so.

We are proud to fight each and every day for Canadian families. That is why my colleagues and I will oppose Bill C-45.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, since we are dealing with such a small document and my colleague is such an expert on financial issues, let me ask him this short question.

On page 241 of the budget speech last March, Mr. Flaherty talked about the Employment Insurance Financing Board continuing to set the rate. However in the budget implementation plan, Bill C-45, section 435 says that will no longer happen and the rate will be set by the Minister of Labour and the Minister of Finance.

Could the member explain to us why something in the budget last March has been changed in this specific case?

[Tyrone Benskin, NDP, Jeanne-Le Ber, QC]

Mr. Speaker, the member talked about the tax credits in his speech, which sounded quite interesting. I guess there is the rub with this omnibus bill. Instead of being able to sit down and talk in-depth about some interesting tax credits like that with our colleagues, we are forced to accept less than pleasant changes in Bill C-45 that overshadow these rather interesting options. How does the member feel about that?

[Mike Wallace, Conservative, Burlington, ON]

Mr. Speaker, it is my pleasure today to stand to speak on Bill C-45, the second implementation bill of our jobs and growth act. This is an activity we are embarking upon as a government to make sure that Canadians have a job and that our economy is growing.

As part of the system that we have in this country, we present a budget in the spring, which is a policy document, and then we have two implementation acts every year. We had one in the spring and now we are having one in the fall. This bill is to implement the budget that was passed by this House in the spring.

It is important to understand that the bill would implement what has already been debated and discussed. It is nice to talk about things, but it is important for this government to make it happen on the ground and that we implement what we say we are going to do.

The process is not a new one, as it has been in the House for many decades. When there is a budget, an implementation bill comes afterwards, which is what we are doing here today.

There are three or four things that I would like to highlight from the bill.

First, extending the hiring credit for small- and medium-sized employers would enable them to hire new employees and create jobs for people in my riding and ridings across this country.

This is a $1,000 hiring credit, and last year it affected over 530,000 employers. We have seen the benefits from this tax credit in helping small businesses attract new people to develop their products and services. It has provided jobs to those in great need of employment, particularly youth. This is an opportunity for youth to find employment here in Canada.

Nobody is kidding anybody around here; it is a difficult environment for small business. As government, we need to help small business move forward, and this tax credit is one way to do that.

Also, Bill C-45 contains the tax framework for pooled registered savings plans. This is a tool that I have debated numerous times in the House, both at second and third reading in the spring. We talked about the need for an additional tool for small business to attract and retain employees, and for employees in this country to have an opportunity to have a pooled registered savings plan for their retirement. The bill would implement the tax changes that are required to make that happen.

It is important for us to have this debate, but we must move on and pass the bill. The legislation has passed for the pooled registered retirement savings plan, but we now need to take action and implement the changes that are needed to make it happen.

Another piece in Bill C-45 is the expanded accelerated capital cost allowance, ACCA. This would allow businesses to invest in clean green energy generation products, which would include machinery that had not been eligible for an accelerated capital cost allowance. However, the machinery would have to be in the clean energy generation business and meet the environmental criteria.

The bill would allow businesses to invest early on and to write-off the cost of the new investment in a speedier, more accelerated way. It would encourage companies to make those investments and make a difference.

The benefits of the expanded accelerated capital cost allowance are twofold. It would help small business get the equipment they need and it would also support the clean energy agenda that we have as a party. It would ensure that the Canadian government is doing what it can to support industry in providing cleaner energy for the people of this country.

One area that I am very proud and excited about is the registered disability savings plan, RDSP. There are a number of changes to that.

I remember when I was on the finance committee and heard about this idea of a registered disability savings plan, a program that would allow parents and grandparents, particularly parents, to invest in the future of a child with a disability. It is a plan that would provide financial security for young Canadians with disabilities. When their parents are no longer able to support them, a plan will be available for them to call on.

What is very important is that this bill would allow the registered education saving plans to be rolled over into a registered disability savings plans. I am very fortunate to have two healthy children. That does not happen in every family. As a past employee of Easter Seals Ontario, and my wife being a current employee, we know of the difficulties, the struggles and efforts of parents with disabled children.

Of course, not every child is born disabled, and sometimes things happen, whether it is an accident or health issue, which unfortunately causes a child to become disabled. Families may have invested in an RESP with the hope that some day a child would be able to use that capital to obtain a post-secondary education. That does not always happen. Instead of losing those investments that parents have made, they would be able to roll that investment into an RDSP for a child's future needs.

There are also a few other smaller changes. I have been the chair of the Conservative marine caucus for a number of years, which is making some changes to improve the certification of ships that are over 24 metres. Those practices are being improved to make sure we have clean safe ships floating on our Great Lakes and off both coasts. We want to make sure they are safe, that they have the right environmental responsibility and that they harmonize with other international inspection certification programs, which I am very happy with.

One thing that has been a bit of a controversy is the change to the SR and ED program, which is the scientific research and experimental development program. It is a tax credit that companies have been able to attract. It was at the 20% mark, but it is down to 15% in this bill. The enhanced SR and ED program is still at 35%.

However, this was not done in a vacuum. There was a study done by Mr. Jenkins. The Jenkins report talked about the difference between the tax credit and direct support. As all of us know in the House, there have been no complaints. In fact, there has been lots of uptake on IRAP, the industrial research assistance program. IRAP is a direct funding mechanism. The Jenkins report said that we need balance; we are not sure whether we are getting the bang for the buck on the $9 billion we are spending on research. We know that IRAP is producing. We know that it is a very attractive program to individuals. With regard to SR and ED, it depends on the company.

There was a very good presentation at the industry committee last week. A gentleman was there from a company in Burlington, which has used SR and ED extensively over the years. His point was that SR and ED was a bonus because companies are not sure whether they qualify for it every year or not. We are trying to rebalance the issue with the IRAP program. People get the money in advance, and it is a direct support of research and development. SR and ED will still exist and is an opportunity for people to use the tax system to support the development of their research.

Hopefully this new balance will provide more results, because that is really what we want as a government. We want results. We want R and D to turn into product that is commercialized and that we can sell, not just to Canadians, but around the world. We are a trading country, and we need to make sure we have the ability to do that.

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, it has become clear that omnibus bills will now be the norm in the House of Commons. It gives me no pleasure to rise today at second reading of Bill C-45, the second omnibus budget bill.

In addition to implementing the 2012 budget, the Trojan Horse bill included a number of other changes that had not been announced beforehand. This is yet another budget implementation bill that goes well beyond implementing the budget.

We said it when the Trojan Horse bill was forced through the House in May, and we are saying it now: this is not an acceptable way of doing things in a so-called democratic country like Canada. The monster Bill C-45 is over 440 pages long and contains a huge number of disparate measures. It would amend over 60 laws, giving the minister more power and weakening environmental protection legislation.

It also sets out a vast number of complicated measures, including a reworking of the Canada Grain Act and changes to subsidies for scientific research and experimental development, elements that are essential to the nation's development. In addition, it sets out major changes to the public service pension plan and the Canada Labour Code.

Here are the facts. The Conservatives have introduced a bill encompassing dozens of disparate measures, and they want to have it passed as quickly as possible so that we do not have time to talk about it. That is because they do not want Canadians to know what really goes on here in the House of Commons. MPs do not have enough time to study the bill closely and analyze its repercussions. Who will pay the price for that? Canadians—the very people whose interests the government is supposed to protect. As elected representatives, Conservative MPs are also supposed to work for Canadians.

On the one hand, MPs are being prevented from doing the work they were elected to do, and on the other, Canadians are being kept in the dark. Fortunately, Canadians can count on the NDP, which strongly opposes the undemocratic nature of Bill C-45.

We have defended and will always proudly defend the concepts of transparency and accountability. We will always stand up for environmental protection. We will always stand up for old age security and health care. If we do not, who will? Certainly not the government, which is showing us once again that democracy is not its priority.

Canadians are not blind. They know that the government is not doing so and that it is preventing the official opposition from doing its job by imposing a gag order once again. Actually, how many gag orders have we had so far? I think it is a record number. I am not sure what the exact figure is, but I know there have been more than 20. In short, that is preventing us from doing our job.

As a result of the strong offensive launched by our party, the government is finally going to allow various committees to study this bill. What a privilege. However, we do not know whether we will be able to propose amendments during those consultations. Needless to say, that will greatly hinder the process.

The Parliamentary Budget Officer, or PBO, has once again said that members of Parliament are not receiving the information they need to be able to reasonably exercise their power of oversight. Well, yes, power of oversight, but also responsibility of oversight.

The PBO recently even had to threaten to take the Conservative government to court if it did not forward the information about the budget cuts that were announced. The government has to stop trying to obstruct the work of Parliament and must allow a real study of this bill.

Canadians will agree that the amendments and their impact on Canadian families need to be studied in particular. It is appalling to see that, once again, Canadian families are being completely ignored. The government is continuing to ignore the real needs of Canadians.

According to the Co-operative Housing Federation of Canada, 4 million Canadians, including 750,000 children, have core housing needs at this time. However, once again, the 2012 budget implementation bill does not contain any measures related to housing or any measures to fight poverty or homelessness. Yet major institutions like the Wellesley Institute and the Federation of Canadian Municipalities have sounded the alarm several times. These national organizations asked the federal government to invest in housing in the most recent budget. Clearly, nothing has been done.

Housing is an important issue not only for families, but also for seniors, a very high-risk group. The current government reduced old age security benefits, which means that some seniors will have even more difficulty paying their rent. Approximately one-third of social housing is occupied by seniors, and one-third of that group is at risk of losing their housing because long-term operating agreements between the federal government and housing co-operatives are not being renewed.

A survey conducted by the Ontario Non-Profit Housing Association found that the number of seniors waiting for housing has been increasing steadily since 2004. That number is increasing, yet this government does nothing. Seniors represented one-quarter of all households waiting for housing in 2011.

Since we are talking about poverty, let us also talk about the changes to employment insurance. These measures will also have an impact on a claimants' ability to find housing, particularly since the federal operating agreements are about to expire. As a result of the loss of employment insurance benefits, more households may have core housing needs. Core housing needs are no joke. I am talking about substandard, overpriced homes that are difficult to heat and that are too small for families. These are not trivial matters.

Since the federal government did not introduce any housing measures in its budget, it could at least help all Canadians by supporting my national housing strategy. It will not do so under the pretext that housing falls under provincial jurisdiction.

And yet, the purpose of Bill C-400 is to provide secure, adequate, accessible and affordable housing for Canadians, while respecting provincial jurisdictions. The government's inaction is a mystery.

Once again, the government is not demonstrating leadership. The omnibus bill contains another attack on agriculture, which provides even more evidence that the government is not demonstrating leadership.

Bill C-38 already hit my riding hard—really hard—by interfering with the CFIA's ability to conduct proper inspections to ensure the food security of all Canadians.

Saint-Hyacinthe—Bagot is one of the biggest agricultural regions in Quebec. The CFIA's services are thus very important to this region, which largely depends on agriculture-related economic activity.

Unfortunately, we still do not know what impact the cuts will have on the CFIA's regional centre, which is located in my riding. Many people are concerned about their jobs, and for good reason.

However, that is not my riding's only concern. Saint-Hyacinthe—Bagot is made up of 25 municipalities and more or less all of the farmers there grow grains. Thus, many of these farmers will be affected by the elimination of the grain appeal tribunals, which are independent committees set up by the region that provide a great deal of support to farmers. Who will farmers deal with if they do not have anyone to represent their region?

If Bill C-45 is passed, any recourse will automatically have to go through the chief grain inspector. Will the chief grain inspector be able to consider the unique characteristics of my riding as well as the local committees can? I seriously doubt it and so do my constituents.

In fact, all Canadians doubt the Conservatives' approach. The 443-page omnibus bill proves that they have reason to doubt.

The House resumed consideration of the motion that Bill C-45, a second act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the second time and referred to a committee.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I would like to seek unanimous consent to move the following motion: That, notwithstanding any Standing Order or usual practice of the House, clauses 206 to 209, related to the changes to the Indian Act, be removed from Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures and do compose Bill C-47; that Bill C-47 be entitled “An Act to amend the Indian Act”; that Bill C-47 be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Aboriginal Affairs and Northern Development; that Bill C-45 retain the status on the order paper that it had prior to the adoption of this order; that Bill C-45 be reprinted as amended; and that the law clerk and the parliamentary counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion in order to conduct a thorough review of the potential impact of this legislation on first nations across the country.

[Bev Shipley, Conservative, Lambton—Kent—Middlesex, ON]

Mr. Speaker, I want to thank my great colleague from Medicine Hat, Alberta, for his thoughtful comments regarding the implementation of Bill C-45, which is really based on our budget. I have to say that in my riding of Lambton—Kent—Middlesex, it was accepted almost unanimously, with the prospects it has for Canadians.

In Medicine Hat there is a lot of agriculture. Can the member talk a bit about what his constituents have said about this budget but also the implementation of Bill C-45?

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, the hon. member talked just now about pooled registered pension plans, which are included in Bill C-45. I would like to ask him a few questions about that.

According to a number of experts, a PRPP is clearly not a pension plan, but rather a savings plan. There are already a number of savings plans that many Canadians do not benefit from or take advantage of. Why does the hon. member think that a PRPP will be more efficient than another savings plan like an RRSP or a TFSA?

If he is really serious about the financial security of Canadians, why does he not introduce a bill that seeks, for instance, to protect the pensions of workers in the event of a bankruptcy or to improve the Canada pension plan, or other measures that could improve the financial security of Canadians?

[LaVar Payne, Conservative, Medicine Hat, AB]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

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

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

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