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 the Library of 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
C-45 (2009) An Act to amend the Immigration and Refugee Protection Act
C-45 (2008) An Act to amend the National Defence Act and to make consequential amendments to other Acts

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.

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 11:55 a.m.

The Deputy Speaker

Resuming debate, the hon. Parliamentary Secretary to the Minister of National Revenue.

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 11:55 a.m.

Kamloops—Thompson—Cariboo B.C.

Conservative

Cathy McLeod ConservativeParliamentary Secretary to the Minister of National Revenue

Mr. Speaker, I will be splitting my time with the member for Edmonton—Leduc.

I am certainly pleased to stand in the House today to speak to Bill C-45, which is our second budget implementation act. As members are aware, the budget was introduced last spring and, as is the typical practice of the House, there are usually two pieces of legislation that turn this aspirational and directional document into legislation. Today we are considering the second important implementation bill.

The opposition has taken a very simplistic view of this process. The opposition members are busy counting pages rather than reading them. They are focused on worrying about the number of statutes as opposed to looking at the current context and the unique challenges that we face as a country.

Canadians want their government to focus on results. They expect us to work hard to ensure that this happens. I want to provide a small example, using MP pensions. Since I was elected in 2008, I have heard regularly and frequently from constituents that they felt the current plan was unfair to the taxpayer.

As a government, we committed to make a change where parliamentarians would pay their fair share. We need to look at this in a little more depth. This represented one line in the budget, but it took 22 pages in the BIA to make the change. To be frank, I do not think Canadians care about how many pages it would take. What they care about is the outcome. They expect legislators to know how to make it happen.

I would like to note the comment of Speaker Parent when the issue of budget scope was debated in 1994. He said:

In conclusion, it is procedurally correct and common practice for a bill to amend, repeal or enact several statutes. There are numerous rulings in which Speakers have declined to intervene simply because a bill was complex and permitted omnibus legislation to proceed.

We are aware that an important plan is necessary. Our government knows we must make changes to ensure Canada's long-term future, a future focused on prosperity, jobs and growth, a future that will help further unleash the potential of Canadian businesses and entrepreneurs to innovate and thrive in a modern economy to the benefit of all Canadians for generations to come.

As has been said often in the House, Canada is the envy of the world. We were well-positioned to face the great recession and fared better than most countries. We have over 800,000 net new jobs, most of them in the private sector and most of them full-time.

Our plan is working but we must do more. That is why the economic action plan is so important. There are many challenges ahead that range from a continual fragile global economy to a significant demographic challenge with an aging workforce.

I would now like to give a few examples and focus in on what the BIA 2 will do. We are looking at responsible resource development. It absolutely is critical to ensure environmental protection, but at the same time have some balance.

When I was mayor of a small town, we took incredible pride in the protection of some of our important fish habitats, but we were also tried to put in a walking trail. We had a walking trail, with a tiny footbridge, that had to go over a creek that was wet very infrequently. It was considered a navigable water. The amount of bureaucracy and paperwork involved was stunning. A canoe never went in that water. There was never any navigation in that water. The process we had to go through with Transport Canada in order to put in a small footbridge that would support the recreation and well-being of the community was absolutely stunning.

This is where we need to create better balance in terms of what we are looking at, focusing important resources in areas that are going to be most important.

Another place I would like to look at within this BIA is the expanding opportunities for the aboriginal people to fully participate in the economy. I am really particularly proud of Tk'emlúps Indian Band which has shown real leadership in moving forward for a good economy for its people and using their land in ways that the band approves of but provides challenges.

The Auditor General has identified the designation and leasing processes to be the cause of unnecessary lengthy approval times for projects on reserve.

I have seen that up front, whether it be a number of the bands as they are trying to move forward wanting to do some very important things and the months of delay with the bureaucracy again getting in their way. The legislation has important amendments that would take away some of the government's patriarchal land ownership rulings and let the bands move forward in terms of some important economic opportunities.

We recognize that having a social safety net that supports Canadians must be there for future generations. We cannot leave a legacy of debt that will suffocate our children and we must return to a balanced budget in the medium term, again an important focus of what we are doing right now.

Expanding trade and opening new markets for Canadian business is critical. Our prosperity is ultimately linked to reaching beyond our borders for economic opportunities. I will look at the forestry industry in British Columbia where the new markets in China have seen us through a very difficult time and helped buffer the U.S. recession because our pulp mills and our forestry workers were able to keep working and have looked at a significant increase in terms of trading with China.

Our government also understands the importance of a fair and equitable tax system and that is why this bill includes a number of important measures to improve on certain tax credits and other issues. Overall, these measures would improve access to some very important tax programs. I will talk briefly about the RDSP,which has been very well received. We will simplify the process to open RDSPs for individuals who have reached the age of majority and lack contractual competence. We would reduce the repayment of the Canada disability savings grant and Canada disability savings bonds in certain cases. We are introducing changes to the minimum and maximum withdrawal rules. We are allowing a tax-free roll-over of registered education savings plan investment income into an RDSP. We are temporarily suspending the termination of an RDSP following cessation of eligibility. I could go on and on but essentially these are technical changes that would provide a vast improvement to the program. If it takes a lot of pages, I ask that the opposition members read the pages and support the legislation.

I will contrast our low tax plan focus on jobs and growth with that of the NDP. On page four of the NDP platform, there is a $21 billion carbon tax that would be used for a myriad of government social programs that range from housing to food. We need to be clear that this is a tax that would raise the cost of everything from gas to heating bills and it should be contrasted—

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:05 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise on a point of order. I apologize to my friend from Kamloops—Thompson—Cariboo who truly is my friend. I recognize that speaking notes are prepared by people other than my hon. friend but we are talking about Bill C-45 and it does not include any mention of any NDP election platform, nor is this proper in debate.

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:05 p.m.

The Acting Speaker Bruce Stanton

The member for Saanich—Gulf Islands will know that members, in the course of their comments, can explore any number of ideas with which they can refer or relate to their comments in the course of their speech. I am sure the hon. parliamentary secretary will be well into summarizing toward the end of her comments, in any case, and I am sure she will get around to the question that is in front of the House.

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:05 p.m.

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, absolutely. I just wanted to contrast that with British Columbia's approach, which was at least a revenue neutral tax shift. According to yesterday's National Post:

“...a new report from the NDP-linked Broadbent Institute...contained a prescriptive chapter on “fair taxes” that, if implemented, really would send the cost of everything rocketing skyward”. So with a socialist form of carbon tax and the NDP economic policies that would cripple our business and competitive advantage, the official opposition members just do not understand the damage they would do ultimately to pay for the programs that we treasure.

I urge all members of this House to support this technical piece of legislation that ensures many of the important measures in budget 2012 are enshrined into action. Now is the time to ensure the sustainability of our public finances and social programs for future generations. International experience shows the importance of taking action now. Building a strong economy has to be our number one priority. With the ongoing global economic turbulence, especially in Europe and the United States, we have to act now. Delaying needed and fiscal reform will only serve to put our financial house in jeopardy.

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:05 p.m.

NDP

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

Mr. Speaker, this massive omnibus bill contains a huge number of bills, amendments and initiatives that we cannot support.

The NDP could support some small elements here and there, including the extension of the tax credit for small and medium-sized businesses to encourage hiring, but we do not think that this goes far enough. The NDP's plan went much further in this regard and even offered these businesses the opportunity to receive an additional tax credit if they were able to retain their employees for a year. Yet, the government decided on a one-time initiative to extend the tax credit for just one year. Unfortunately, there is still some uncertainty as to what will happen next year.

Given that all the parties in the House would easily support these small elements, does the hon. member believe that it would be possible to separate them from the bill so that we can quickly debate them? Since everyone would be in agreement, we could pass them and really focus on the main points of this bill—points on which there is opposition and for which we have positive recommendations to make to amend this bill properly.

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:05 p.m.

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, the opposition members are very confusing at times. At one point they are saying that we should withdraw things, take them out. The next minute they are complaining about not having enough time to debate them.

Obviously, with the MP pensions we were able to move forward. There was a decision by all parties that it did not require further debate.

However, we have a budget. We have a plan and it is an important plan. It is very important that we look at it in the context of our economy, our long-term future and our long-term success. The economy not one statute or one program. It really needs to be looked at as a whole government approach, which is what a budget is.

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:05 p.m.

Conservative

James Lunney Conservative Nanaimo—Alberni, BC

Mr. Speaker, I compliment the member on her speech on this important bill, Bill C-45.

I have heard some complaints from opposition members about the size of the bill. I would like to point out that in reality there are 24 sections. They complain about the number of pages but half of them are in French. One can choose a language, English or French, and that reduces the size.

Some of these 24 sections consist of only one clause. For example, the EI change is only one clause. The Fisheries Act section consists of four important clauses that would actually protect fish and that talks about fines for people who put fish at risk.

Ten committees will look at the clauses in the bill to ensure committees can apply their expertise and ensure they are satisfied.

I would like the member to comment on the hysteria that some are exhibiting. This is a jobs and growth bill, and that is exactly what it is intended to ensure.

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:10 p.m.

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I think I need to repeat the comments that I opened with. The opposition members seem to be more focused on counting than reading and they need to be focused on reading.

Again, I need to use the example I used before. One line regarding MP pensions translated into 22 pages in the budget implementation act and the opposition felt comfortable moving that forward without any further debate at all.

I encourage the members to attend the technical briefings. I continue to be a little disappointed in terms of the number of MPs who attend these briefings. The briefings ensure they understand the importance of the legislation in front of them.

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:10 p.m.

NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, I thank my colleague for her speech. However, this House should be reminded that this is another omnibus bill that covers many laws. It is imperative that the bill be debated in this House and also studied in committee.

My question concerns the Navigable Waters Act. Can our colleague tell us what compensation the provinces will receive to defray the cost of their new responsibilities?

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:10 p.m.

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I am pleased to talk about the Navigable Waters Protection Act. I think my example said it all. It was creating a lot of bureaucracy for what was, in this case, a little creek that did not need that bureaucracy associated with it. We were focused on navigation, which is what it is. It is not about environment. Navigable waters is about navigation.

I think what we will find is that it would remove an incredible amount of time and bureaucracy in terms of moving forward. The municipalities are very enthused about having this legislation changed.

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:10 p.m.

Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Mr. Speaker, it is a pleasure to speak today to Bill C-45, a second act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

It is very important legislation that deals with a lot of specific technical changes, such as changes to the registered disability savings plan, which was introduced by this government and is a benefit for families to deal with some of the costs related to a person in the family with a disability. It also deals with changes to the Indian Act, which is something that was presented to the finance committee by the member for Macleod. A member of the Kamloops Band presented the idea with respect to changing the ownership on reserves. This would be a real step forward and it is something I will return to later in my remarks. There are number of measures in this comprehensive legislation.

As chair of the finance committee, I thought I would provide some context for members of Parliament and Canadians in terms of the process that we go through to arrive at budget implementation acts.

The process actually starts at the finance committee each fall. In fact, it starts in June when the finance committee sends out a notice asking Canadians to give us their thoughts on what should be in the next budget in the upcoming budgetary cycle. Canadians respond and, over the last two years, in dramatic numbers. This year we have had nearly 800 submissions from organizations and individuals from across Canada giving us their thoughts on what should be in the next budget.

This year we tried a slightly different process. We put five questions on the public website and asked Canadians to respond to those five questions. We put all the responses online. This is the second time we have done this as a committee. We want to be very transparent in terms of the input the committee is receiving.

The deadline for submissions was in the summer. We then had the submissions translated and put online. Members of the finance committee from all parties are now working diligently to go through those submissions.

In addition to that, we are doing what the committee has done for over a decade now, which is to hear from individuals and organizations before the committee. We will hear from approximately 120 organizations and individuals. We will have a very good dialogue with members of Parliament in terms of what should be in the next budget.

This is a very broad process and there is no topic that cannot be raised at the finance committee in prebudget consultations. However, following some of the discussions last year on the first budget implementation act, there was the thought that maybe we should narrow our focus at the finance committee but members from all sides said no, that it should be a very broad public consultation process. Anyone should be able to come and say anything in terms of where the country should go because fiscal matters are incredibly broad. We hear from environmental groups, health groups, aboriginal groups, small business organizations and chambers of commerce across the country, anyone bringing forward any type of measure. This is not simply related to tax, financial or fiscal information. It is very broad. It is a fantastic discussion and I think members from all sides enjoy the debate.

That then leads to the committee deliberating on what should go into the report that it will table in Parliament in December. Obviously, that report is public and Canadians can compare the submissions that came into the committee to what the committee decided in terms of what it wants to recommend to the government for the next budget. The Minister of Finance then takes the report under consideration and presents the budget typically in February or March.

I would remind members that the budget document is the primary document that the government presents to Parliament each and every year and it is a very broad document. Here are some of the sections in the budget that the minister tabled in March.

With regard to entrepreneurs, innovators and world-class research, the budget proposes to support the research and innovation that is happening in this country, as well as education and training at the universities and colleges across the country.

Improving conditions for business investment deals with a lot of the changes to SR&ED and acts on the Jenkins report, which the government commissioned and which I think it was a report that was fairly well received in all quarters.

The budget also deals with investing in our natural resources; expanding trade and opening new markets for Canadian businesses; keeping taxes low for job creators; strengthening business competitiveness; financial sector advantages; and investing in trade infrastructure and opportunities, which involves human resources in terms of investing in the skills that Canadians have.

On infrastructure, there is the Minister of Transport, Infrastructure and Communities, but all the infrastructure is funded first through finance.

On expanding opportunities for aboriginal peoples to fully participate, obviously we have a committee and a minister that deals with aboriginal peoples but that is all funded through the budget first.

Supporting families and communities, investing in communities, protecting Canada's natural environment and wildlife, and the sustainable management of public finances are all included in a very large budget document, but the budget document itself, as a policy document, is somewhat specific. In certain areas it outlines in general where the government would want to go with respect to items like responsible resource development, the deficit reduction action plan and returning to balanced budgets over the medium term. Various officials then draft legislation to deal with the budget. They typically do two budget implementation acts, one in the spring and one in the fall. They are very comprehensive pieces of legislation.

In terms of the deficit reduction action plan, which is a policy that was endorsed by Parliament after the budget was introduced, all of the specific items under that action plan are then put forward in the two implementation acts which, in my view, is the way it should be happen. The overall policy should be in the budget, but the specific items, which are what we dealt with both in the act in the spring and then partly in this act, actually deal with everything that is in the deficit reduction action plan.

Some people have asked if they would be able to vote. Our colleague across the way from the official opposition asked legitimately if they could vote on each and every section. In fact, they can at committee. As the member knows, we vote on each and every clause at committee and the official opposition and the Liberal Party can choose to support or oppose that specific clause on the record. We can have recorded votes on any specific clause at committee and the member could say they voted in favour of that clause but still oppose the bill at third reading. That is certainly an option for the members opposite. It is important to know that process.

I want to return to one specific item that was raised by Manny Jules, someone whom I think has been a real trailblazer in trying to improve economic development and the economic opportunities for aboriginals within this country. I believe it was three years ago, and I am looking at the member for Macleod and hoping I am correct in my timeline, that the finance committee actually met Mr. Jules.

We went to a former residential school, which has now been turned into offices, and he described to us the challenges that first nations people have in owning property on reserves. He said there have been some steps forward in this area, but we need to do more to change the legislation to ensure that aboriginal people have the same full opportunities on reserve, frankly, that other Canadians have in terms of ownership of property.

It was a very interesting idea. I thought members of all parties listened to the idea very carefully and in varying degrees, I think they all thought it was a good idea that should be followed up. It has been looked at. It was endorsed by the finance committee in a report. While it is technically under aboriginal affairs, it actually did end up in the budget and it is therefore in a budget implementation act.

This is the way the process has worked for years. This is not something the Conservative government has invented. This is, in my view, the way the process should work. It should go back to an idea presented to a parliamentary committee. That committee puts it in a report. It goes in a budget and then it goes into a budget implementation act. There is a thread through that entire process that I think we have to draw attention to.

In terms of some of the other changes in the implementation act, I know members at committee will take them very seriously. They will go through all the items. In terms of registered disability plans, something that we introduced as a government, many of the people who have used the benefit have said there are ways in which the program could be improved.

People talked about the navigation act. The Federation of Canadian Municipalities, municipalities in my area and other areas across this country have said to the government that it has to amend this act in terms of municipalities and their own growth and investment so that they can move forward.

These are responses to things we hear at committee, which are later put in the budget and then come into the budget implementation act.

I want members to go through that whole process. At committee they can do a very thorough study. The government has indicated it is very open to other committees studying the legislation. I heard the member for Wascana say he saw that as something he would certainly welcome.

It is my understanding that we could have any other committee study a piece of the bill and report it back to the finance committee. The finance committee members can then vote yea or nay to any specific clause or provision of the bill.

I look forward to comments from the other side but I do hope they take into account the whole process that occurs, with the policy idea originating here and ending up in a budget implementation act at the end.

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:20 p.m.

NDP

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

Mr. Speaker, I listened to the speech by the chair of the Standing Committee on Finance, of which I am currently a member. I found it interesting that he mentioned that, on this committee, members can generally vote on each clause of a monster bill such as this one. He is correct in stating that we vote on each clause. However, that is just one of the steps. There is first reading, which does not require a vote. At second reading, we debate the bill and vote. Then there is report stage, and another vote. Finally there is third reading, which is also subject to a vote.

Each time we must vote as a block. I am sure that the member will agree with me that it is the last vote, at third reading stage, that gets the public's attention. It is also the vote to which government members refer when they say that the opposition voted against a particular measure. If they would just check what happened in committee, they would see that we quite often vote in favour of good measures.

The member spoke about process. The Minister of Finance says that there are no surprises in the budget implementation bill because all the measures were already in the 2012 budget. However, there is no mention of abolishing the Grain Appeal Tribunal, the Hazardous Materials Information Review Commission and the Canada Employment Insurance Financing Board. So—

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:25 p.m.

The Acting Speaker Bruce Stanton

I am sorry to interrupt the member for Rimouski-Neigette—Témiscouata—Les Basques, but his time has expired.

The member for Edmonton—Leduc.

Second readingJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 12:25 p.m.

Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Mr. Speaker, I want to thank my colleague, who serves and works very well on the finance committee. In fact I think he made some of my arguments for me in the sense of the process.

First reading, as we all know, is simply an introduction of the bill in the House. Second reading is a broad public policy debate and a vote in general on the principle of the bill as to whether members support it or not. Then at committee stage we go through the bill clause by clause.

We generally start with officials that go through each and every clause of the bill. Members can ask questions. We hear from witnesses who may support or oppose any one of those clauses. Then there are votes on each and every one of the clauses themselves and any member can ask for a recorded vote on any clause. If the member himself wants to vote against the bill in its entirety but support certain clauses, it is on the record. It is public and usually televised. The member could then refer to how he voted any time he wants to.

The bill comes back at report stage, as he pointed out, and there is opportunity for further amendments that could not have been moved at the committee. Then there is a vote on the third and final reading and it goes through the process in the Senate. I think that is a very good process.

In terms of certain items, the deficit reduction action plan, which I referenced in my speech, was a general policy put forward by the government and embraced by Parliament, which said that we wanted to reach a balanced budget in the medium term. The work the Treasury Board committee did on the deficit reduction action plan is now resulting in certain changes that are in the budget implementation act. The start of it was the deficit reduction action plan.