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Jobs and Growth Act, 2012

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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

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

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

Votes

Dec. 5, 2012 Passed That the Bill be now read a third time and do pass.
Dec. 4, 2012 Passed That Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Schedule 1.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 515.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 464.
Dec. 4, 2012 Failed That Bill C-45, in Clause 437, be amended by deleting lines 25 to 34 on page 341.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 433.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 425.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 411.
Dec. 4, 2012 Failed That Bill C-45, in Clause 369, be amended by replacing lines 37 and 38 on page 313 with the following: “terminal elevator shall submit grain received into the elevator for an official weighing, in a manner authorized by the”
Dec. 4, 2012 Failed That Bill C-45, in Clause 362, be amended by replacing line 16 on page 310 with the following: “provide a security, in the form of a bond, for the purpose of”
Dec. 4, 2012 Failed That Bill C-45, in Clause 358, be amended by replacing line 8 on page 309 with the following: “reinspection of the grain, to the grain appeal tribunal for the Division or the chief grain”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 351.
Dec. 4, 2012 Failed That Bill C-45, in Clause 317, be amended by adding after line 22 on page 277 the following: “(7) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following: (2) For the purposes of this Act, when considering if a decision is in the public interest, the Minister shall take into account, as primary consideration, whether it would protect the public right of navigation, including the exercise, safeguard and promotion of that right.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 316.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 315.
Dec. 4, 2012 Failed That Bill C-45, in Clause 313, be amended by deleting lines 15 to 24 on page 274.
Dec. 4, 2012 Failed That Bill C-45, in Clause 308, be amended by replacing line 29 on page 272 with the following: “national in respect of whom there is reason to believe that he or she poses a specific and credible security threat must, before entering Canada, apply”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 308.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 307.
Dec. 4, 2012 Failed That Bill C-45, in Clause 302, be amended by replacing lines 4 to 8 on page 271 with the following: “9. (1) Except in instances where a province is pursuing any of the legitimate objectives referred to in Article 404 of the Agreement, namely public security and safety, public order, protection of human, animal or plant life or health, protection of the environment, consumer protection, protection of the health, safety and well-being of workers, and affirmative action programs for disadvantaged groups, the Governor in Council may, by order, for the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect in respect of a province under Article 1709 of the Agreement, do any”
Dec. 4, 2012 Failed That Bill C-45, in Clause 279, be amended (a) by replacing line 3 on page 265 with the following: “47. (1) The Minister may, following public consultation, designate any” (b) by replacing lines 8 to 15 on page 265 with the following: “specified in this Act, exercise the powers and perform the”
Dec. 4, 2012 Failed That Bill C-45, in Clause 274, be amended by adding after line 38 on page 262 the following: “(3) The council shall, within four months after the end of each year, submit to the Minister a report on the activities of the council during that year. (4) The Minister shall cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives it. (5) The Minister shall send a copy of the report to the lieutenant governor of each province immediately after a copy of the report is last laid before either House. (6) For the purpose of this section, “sitting day” means a day on which either House of Parliament sits.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 269.
Dec. 4, 2012 Failed That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following: “12.2 Within six months after the day on which regulations made under subsection 12.1(8) come into force, the impact of section 12.1 and those regulations on privacy rights must be assessed and reported to each House of Parliament.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following: “(9) For greater certainty, any prescribed information given to the Agency in relation to any persons on board or expected to be on board a conveyance shall be subject to the Privacy Act.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 264.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 233.
Dec. 4, 2012 Failed That Bill C-45, in Clause 223, be amended by deleting lines 16 to 26 on page 239.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 219.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 206.
Dec. 4, 2012 Failed That Bill C-45, in Clause 179, be amended by adding after line 17 on page 208 the following: “(3) The exemption set out in subsection (1) applies if the person who proposes the construction of the bridge, parkway or any related work establishes, in relation to any work, undertaking or activity for the purpose of that construction, that the construction will not present a risk of net negative environmental impact.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 179, be amended by adding after line 7 on page 208 the following: “(3) The exemptions set out in subsection (1) apply if the person who proposes the construction of the bridge, parkway or any related work establishes, in relation to any work, undertaking or activity for the purpose of the construction of the bridge, parkway or any related work, that the work, undertaking or activity ( a) will not impede navigation; ( b) will not cause destruction of fish or harmful alteration, disruption or destruction of fish habitat within the meaning of the Fisheries Act; and ( c) will not jeopardize the survival or recovery of a species listed in the Species at Risk Act.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 179.
Dec. 4, 2012 Failed That Bill C-45, in Clause 175, be amended by replacing lines 23 to 27 on page 204 with the following: “or any of its members in accordance with any treaty or land claims agreement or, consistent with inherent Aboriginal right, harvested by an Aboriginal organization or any of its members for traditional uses, including for food, social or ceremonial purposes;”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 173.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 166.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 156.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 99.
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by replacing line 22 on page 38 to line 11 on page 39 with the following: “scribed offshore region, and that is acquired after March 28, 2012, 10%.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by deleting line 14 on page 38 to line 11 on page 39.
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by replacing line 17 on page 35 with the following: “( a.1) 19% of the amount by which the”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 3.
Dec. 4, 2012 Failed That Bill C-45, in Clause 62, be amended by replacing line 26 on page 134 with the following: “( b) 65% multiplied by the proportion that”
Dec. 4, 2012 Failed That Bill C-45, in Clause 9, be amended by replacing line 3 on page 15 with the following: “before 2020, or”
Dec. 4, 2012 Failed That Bill C-45, in Clause 9, be amended by deleting lines 12 and 13 on page 14.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 1.
Dec. 3, 2012 Passed That, in relation to Bill C-45, a second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than five further hours shall be allotted to the consideration at report stage and one sitting day shall be allotted to the third reading stage of the said Bill; and at the expiry of the time provided for the consideration at report stage and at fifteen minutes before the expiry of the time provided for government business on the day allotted to the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Oct. 30, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Oct. 25, 2012 Passed That, in relation to Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than four further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the fourth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:40 a.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I was very happy to hear those comments about employment insurance. People in my riding have been talking a lot about problems with the new changes.

I have a very specific question for the hon. member. I would like him to talk about the benefits. We have been talking about the Conservatives' misdeeds, but I would like him to comment more generally on the benefits of a Canada-wide employment insurance program that would enable all regions to help each other. The regions that need it most could benefit from a program that would enable the wealthiest regions to help those with the most problems, regions like his.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:40 a.m.

Bloc

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

Mr. Speaker, I would like to thank the member for Sherbrooke for his question. He has given me an excellent opportunity to talk about the employment insurance program.

There have been problems for many years. There have been many attempts to reform the system since 2006, when the Conservatives came to power. Each time, the opposition and the government blocked these attempts. The Bloc Québécois's proposed changes focused on getting the government to understand that the program should do more to address Quebeckers' concerns.

Many people, including the former chief actuary of the employment insurance program, Mr. Bédard, and economist Pierre Fortin, came to the same conclusion we did: Quebec must be in control of its own employment insurance program. The program must meet Quebeckers' needs. During its election campaign, the Parti Québécois said that it wanted to take control of the program.

I urge all of my colleagues in the House to support transferring the program to Quebec City so that our government can create a program that meets the needs of Quebeckers, which the current program does not do.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:40 a.m.

NDP

Paulina Ayala NDP Honoré-Mercier, QC

Mr. Speaker, my question is about changes to support for businesses conducting scientific research and experimental development. In Montreal, there have been job losses in this sector.

In this bill, the Conservatives are ignoring the need for a meaningful, detailed, coordinated and effective policy for the research and development industry. Does my colleague agree with that?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:40 a.m.

Bloc

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

Mr. Speaker, I thank my hon. colleague from Honoré-Mercier for giving me the opportunity to speak again, clarify a few things and answer her question regarding the Conservatives' cuts to tax credits.

When tax credits are decreased, they become less attractive, and that goes for my region as well as the rest of Quebec. This is especially true in Montreal, where high-tech companies are trying to figure out how to succeed in this still fragile economy. The Conservatives are saying that everything is fine, yet we know that these are still tough economic times. And since times are still tough across Quebec, it is dangerous—as I said in my speech—to reduce a tax credit that is very popular and that helps businesses to develop. As these businesses grow, they employ more people. Regardless of the region, this increased economic activity will create secondary jobs, including jobs for subcontractors for instance, and economic benefits for all businesses.

As I said earlier, I urge the government to reassess the situation and maintain the current rate for tax credits in order to avoid harmful consequences across Quebec.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:45 a.m.

Saint Boniface Manitoba

Conservative

Shelly Glover ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, I thank my hon. colleague opposite. In this bill, the government has included a number of measures to help small businesses and to eliminate duplication.

I wonder if he could comment specifically on the measures to close tax loopholes? That is very important. We are listening to what Quebeckers are saying about tax loopholes. I would like to know his thoughts on the measures proposed in the bill.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:45 a.m.

Bloc

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

Mr. Speaker, I thank my hon. colleague from Saint Boniface for the question.

Yes, tax loopholes need to be closed. It is important that Canada, through its Parliament, bring in increased controls and regulations to ensure that people pay their taxes.

In that regard, the Conservatives are not going far enough and sometimes talk out of both sides of their mouths. For instance, they recently concluded a free trade agreement with Panama, which opens the door to certain tax loopholes.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:45 a.m.

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I would like to congratulate my Bloc Québécois colleague who just spoke. Obviously, it is extremely important to speak on behalf of Quebeckers here in Ottawa. That is what we intend to do, that is what we have been doing for some time now, and that is what we will do with regard to this bill by introducing specific amendments that affect Quebec in particular.

These amendments also affect other regions. Employment insurance is not exclusive to Quebec. However, my colleague who just spoke gave examples of problems with regard to tourism and agriculture in his region. These types of problems exist throughout Quebec. They also exist in my riding. I will speak about them a little bit later in my speech.

We have presented substantive amendments to emphasize the importance of preserving Quebec's assets. The government wants to make cuts to those assets, by introducing an omnibus bill. We do not understand why the government does not agree to split up this omnibus bill, which the media refer to as a mammoth bill. This has now become the way to describe the Conservative Party's bills. First we had Bill C-38 and now we have Bill C-45.

The countless pages of the bill are flooded with a host of measures that, in the end, will have drastic effects on the everyday lives of Canadians, but people will not find about those effects until later because we do not have time to debate this bill. The government is imposing gag orders. The Conservatives have now imposed about 30 gag orders on bills. Unfortunately, I expect that there will be another one for Bill C-45, and we are lucky to have a chance to speak before that happens.

As a result of these gag orders, parliamentarians are not able to properly debate this type of bill and are being muzzled in committee. A little while ago, I learned from a Liberal colleague that the NDP had accepted or overlooked the time allocation motion. When that happens, the amendments proposed by the other parties are not debated in committee.

Clearly, there is a problem with regard to democracy in this Parliament. This problem is exacerbated by the attitude of the Conservatives, who refuse to present reforms one at a time so that members can debate them properly and vote on them. Whether we agree or disagree, I respect members' decisions because that is democracy. However, we have to be able to have a minimum amount of debate and make Canadians aware of what is happening.

Mr. Speaker, everyone here is an MP, including you. Many people are coming to my riding office to talk about the changes to employment insurance. We are learning more about these changes every day. Why? Because we did not have a proper debate about them in this place. The minister and the government simply refused to split the omnibus bill, in order to create a separate, proper bill that we could debate properly.

Therefore, we are proposing a series of amendments so that we can at least discuss some of the issues. I hope that the parties, and especially the government, will listen to reason and accept these amendments.

My colleague just spoke about research and development. Members are also talking about amendments that affect employment insurance, the environment and labour standards. I proposed an amendment concerning research and development because in Bill C-45 the government has decided to decrease its support from 65% to 55%. That is a substantial decrease in research and development tax credits. Naturally, this will affect investments in the manufacturing and forestry sectors by Quebec businesses.

We know what this Conservative government did to the forestry sector, even though the Minister of Transport is from Saguenay-Lac-Saint-Jean, in the Roberval area, where forestry is vitally important. During the recession that began in 2008, this government favoured Ontario's automotive industry. I am not saying that it should not have. However, billions of dollars were poured into the auto industry while Quebec's forestry industry received peanuts.

Now, the government has introduced an omnibus bill that cuts research and development. We know just how important R&D is for the forestry industry. The government's initial response to the problems in the forestry industry was unfair. Now, it is compounding the problems.

My region, which covers a large part of central Quebec and the Eastern Townships, has a forestry industry and many small and medium-sized businesses. There are also big businesses such as Cascades, in Kingsey Falls, which employs more than 2,000 people in Quebec, the United States and Europe.

It has been in the recycling business since 1964. It makes cardboard, paper, and so on. Pretty much everyone has, at some point, used a Cascades product. Obviously, research and development are the lifeblood of this kind of manufacturing business. The government will probably say that this is not a very big cut, but tax credits are extremely important for the growth of businesses in the sustainable development sector, extraordinary job-creating businesses like Cascades. This is a harsh blow, particularly at a time when the Canadian dollar is so high.

Again, the government will probably say that this is not its responsibility, but when everyone is struggling with the effects of an economic crisis—such as the high-flying loonie—the government has no business trying to drown companies that are managing to keep their heads above water. I am not talking about Cascades. I am talking about all of the companies whose research and development over the years have made them what they are today.

That is especially true for Quebec, and that is why we proposed this amendment. I hope that everyone will consider this matter carefully before agreeing to these cuts. The government is being penny-wise and pound foolish when it should be doing the opposite. It still does not get that investing in research and development pays off. I do not understand how a government that claims to be so focused on the economy can propose measures as unfair as those in Bill C-45.

Some members talked about employment insurance. My Bloc Québécois colleague discussed it in some detail, but I would like to reiterate the importance of protecting what we have. I am not talking about wanting to collect employment insurance. I am talking about making sure that people working for businesses in the tourism and agricultural sectors can do what everyone wants to do, which is keep working close to home. Are the people making these decisions from major urban centres exclusively? It certainly seems that way. Employment insurance affects them too, but the new measures will primarily affect the regions.

I do not think this is what we should do, but in Switzerland, farmers are paid to leave sheep in the fields, not because they are raising sheep and producing wool, but because tourists like seeing sheep in the fields. I am not saying this is what we should do, but some places are aware of the importance of land use.

My colleague spoke about the Gaspé. My father comes from a municipality in his riding, Causapscal. He was born in agricultural area where there is a lot of tourism. As the member pointed out, winter comes every year and there is a period during which seasonal businesses unfortunately do not operate. But as soon as tourist season returns, people line up to take in the beautiful landscapes and all that these regions have to offer tourists.

We have a choice to make: do we want to shut down these regions and ensure that there are no skilled workers able to work there, or do we want to adjust the employment insurance program so that it is fairer to everyone and so that we can protect these jobs that are so important to keeping the regions going? If we shut down these regions, everyone will end up in big cities and major centres, and then we will definitely have a problem with employment insurance.

I wanted to talk about other amendments, but I urge my colleagues in the House of Commons to examine the important amendments very carefully. If we are stuck with Bill C-45 because this is a majority government, we could at least make amendments to improve it before it is passed.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:55 a.m.

Bloc

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

Mr. Speaker, I would like to congratulate my Bloc Québécois colleague, the industry critic, for his thoughtful remarks in the House about the Conservatives' vision as expressed in this omnibus bill.

I would like to focus on the Conservatives' cuts to science and technology. They are planning to close the Maurice Lamontagne Institute's library, which, as I mentioned earlier, has two employees—librarians—and promotes French-language science culture. It is Fisheries and Oceans Canada's only French library. The Conservatives decided to transfer the books elsewhere and put them in storage. The books will no longer be accessible because they cannot be digitized because of the Copyright Act.

What is the Conservatives' vision for scientific progress? I would like my colleague to comment on that. What is his understanding of the Conservatives' proposed vision?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 11:55 a.m.

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I have sat in the House for a long time, so I speak as a veteran, and I have always been flabbergasted at the Conservative government’s disdain for science and technology. There are blatant examples of this, including the cuts in my colleague’s riding that he spoke about.

The leader of the Bloc Québécois recently visited Chicoutimi, and the people there had much to say to him about how we had brought the House’s attention to the cuts the government wants to make to the Aluminum Technology Centre. For the Cascades company, in my riding, research and development is the driving force. In the Chicoutimi region, what is now called the City of Saguenay, research and development in connection with aluminum is obviously very important.

These days, when we have a growing need for research, development and the contribution that scientists make to finding new, more effective approaches, if the government makes cuts like these, as I was just saying, it amounts to standing on the head of a person whose head is barely above water.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / noon

Saint Boniface Manitoba

Conservative

Shelly Glover ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, once again, I would like to thank my colleague for his comments.

I would like to talk about two things that are important to Quebeckers. The people and the Government of Quebec say that these things are important to them.

So I would like to hear my colleague’s comments in the House of Commons about the implementation of the fiscal framework for pooled registered pension plans, which the Government of Quebec is waiting for impatiently, and the improvements to registered disability savings plans that are proposed in the bill.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / noon

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I thank my colleague for her question, which gives me an opportunity to reiterate what I said at the very beginning of my speech. She is entirely correct. There are very important measures in Bill C-45, as there are in any other bill.

If she has heard the things I have said in the past, she knows that I nearly always say there are never just bad measures or good measures in a bill. This is why it is so important that the government split these bills, particularly when we know that there are measures that are very important to Quebec, as she so rightly said. That is how we make sure that we talk about registered savings plans or tax measures in a bill that concerns those subjects.

Bill C-45 is a catch-all that contains an unending series of measures. It is 400 or 500 pages long and deals with 70 bills that have nothing in common, be it the environment, employment insurance or taxation. It never ends. About the only thing not included in this bill is the justice system.

What we are telling the government, over and over, is that we have to split these measures. Why did we do this when the issue was members’ pensions, when everyone was in agreement? The government agreed to remove that idea from the bill so we could vote on it separately, probably because, from a political perspective, it looked good. We cut our pensions and members were unanimous on that. It worked well and it went quickly.

If the government can do that for issues that affect members, I do not see why it would not do it for issues that are very important to Quebec and the other provinces.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / noon

Saint Boniface Manitoba

Conservative

Shelly Glover ConservativeParliamentary Secretary to the Minister of Finance

Thank you, Mr. Speaker.

I am thankful for the opportunity to contribute to report stage debate on this vital piece of legislation that is so incredibly important for the continued economic strength of Canada, Bill C-45, jobs and growth act, 2012, which we all know implements key portions of economic action plan 2012.

As Canadians know, in the midst of global economic turbulence, Canada's economy, with the help of our government's pro-growth agenda, has performed relatively well compared to our international peers. Whether it be job creation, economic growth, or our fiscal position, Canada is actually leading the way.

Canadians can take pride that we have seen the strongest job creation record over the G7 in recent years, with more than 820,000 net new jobs that have been created since the recession. The vast majority of those jobs are full-time. Canadians can take pride that we have the best finances in the G7 with the lowest debt-to-GDP ratio by far. The list goes on and on.

It is little wonder that more and more third-party and international observers have applauded our government's economic record. Why do we not listen to some of those observers?

Listen to Finn Poschmann of the C.D. Howe Institute who had this to say: “The economic outlook for Canada is a lot stronger than the rest of the world”.

What about Pier Carlo Padoan, the chief economist of the OECD who declared, “The Canadian economy is doing well. ...the Canadian economy...is doing much better than most of the other advanced economies”?

However, we cannot be complacent, especially at this time. We must remain vigilant and focused on the economy, as we know all too well that the global economy continues to face considerable challenges, especially when we look to the United States and Europe, two of Canada's most important trading partners.

That is exactly what our government is doing with economic action plan 2012, as demonstrated with today's important legislation. Canadians expect their government to be working on and moving forward with exactly this type of targeted, pro-growth and job-creating legislation.

Canadians, who are cautious about the state of the global economy and its possible impact on Canada, want to know that their Parliament is taking the situation equally as seriously. They would be incredibly disappointed if they were to witness their politicians use this opportunity to play partisan games with the Canadian economy. Unfortunately, that is exactly what the Liberal Party did at the finance committee, engaging in a costly, multi-day filibuster. Instead of moving forward with key economic reforms, the Liberal Party decided to play partisan political games, moving thousands of frivolous amendments, mainly only serving to delay economic action plan 2012.

I should note that the Liberals did move a handful of substantive amendments at finance committee and actually argued quite forcefully for them. However, and shockingly, the vast majority of the amendments the Liberal Party actually chose to discuss surrounded tax loopholes.

In fact, in a rare moment of agreement between the government and the NDP, we both expressed our stunned collective disbelief as the Liberal finance critic time and again spoke to demand that we actually leave tax loopholes open and turn our backs on the basic principles of tax fairness. I am still scratching my head trying to figure out why the Liberal finance critic was so adamant that we leave these tax loopholes in place so that a select privileged few could avoid paying their fair share of taxes.

I am proud that our Conservative members stood up to the Liberal Party and voted down every attempt it made at committee stage to leave tax loopholes open. I am also very proud that our Conservative members stood strong for days on end, night and day, and stopped the partisan Liberal attempt to block economic action plan 2012 and its support for the Canadian economy.

As I mentioned earlier, our plan and its elements legislated through the jobs and growth act 2012 is a positive plan for the economy and Canadian families. Indeed, I want to share with Canadians many of the initiatives in this legislation that will assist them and their communities, initiatives that the opposition opposes and is trying to stop.

For instance, our Conservative government is helping build a stronger economy and creating jobs in today's legislation by extending for one year the job-creating hiring tax credit for small business, promoting interprovincial trade, improving the legislative framework governing Canada's financial institutions, facilitating cross-border travel, removing red tape and reducing fees for Canada's grain farmers, supporting Canada's commercial aviation sector and much more.

Today's legislation also helps support families and communities by improving registered disability savings plans, helping Canadians save for retirement by implementing a tax framework for pooled registered pension plans, improving the administration of the Canada pension plan and, again, much more.

The jobs and growth act, 2012 also takes concrete action to promote clean energy and enhanced neutrality of the tax system by, for instance, expanding tax relief for investment in clean energy generation equipment and phasing out tax preferences for the mining, oil and gas sectors.

Furthermore, today's legislation also works to better respect taxpayer dollars by taking landmark action to ensure the pension plans for federal public sector employees are sustainable and financially responsible. We are also closing tax loopholes. We are eliminating duplication and much more.

With all these positive pro-growth initiatives to help the Canadian economy and Canadian families, why would the opposition parties stand in their way and try to block them?

In my time remaining today I would like to focus on one very important initiative in particular that will really support economics in local communities right across Canada by supporting small businesses, especially in my home riding of Saint Boniface.

We all know the importance of small businesses, from the local hairdresser shop to the small manufacturer and more. Canada's small and medium-size enterprises account for 99% of companies. They employ 60% of working Canadians and they contribute about 40% to Canada's GDP, proving to be economic drivers and important sources of job creation.

That is why I am very pleased that economic action plan 2012, through today's legislation, extends the hiring credit for small business, making it easier for businesses to hire more Canadians and growth. By extending the temporary hiring credit for small business, today's legislation will make available a credit up to $1,000 against the small employer's increase in its 2012 EI premiums. This credit would be available to about 536,000 employers whose total EI premiums were at or below $10,000 in 2011, thus reducing their 2012 payroll costs by about $205 million. That is $205 million that our small businesses were able to keep in their pockets thanks to this temporary hiring credit.

This and many other positive initiatives in economic action plan 2012 will help Canadians and the Canadian economy. That is why Canadians support this plan and today's legislation. That is why the opposition should really stop trying to block it and stop the political games. I call on members to put political games aside, focus on the economy and help support the timely passage of today's legislation and economic action plan 2012.

Now on a personal note, as many Canadians know, parliamentarians are here sometimes five days a week and we miss special moments back home. As a result, I was unable to attend a funeral for a friend and I would like to take a moment to talk about Peter O'Kane who died suddenly in an accident at 42 years of age, a police officer I worked with very closely, a friend and a colleague that I admired quite a bit. In memory of Peter, I would like to read a special poem called “Final Inspection”:

The Policeman stood and faced his God,
Which must always come to pass.
He hoped his shoes were shining as brightly as his brass.
“Step forward now, officer. How shall I deal with You?
Have you always turned the other cheek?
To my Church have you been true?”
The officer squared his shoulders and said,
“No, Lord, I guess I ain't.
Cause those of us who carry badges can't always be a saint.
But I never took a penny that wasn't mine to keep,
Though I worked a lot of overtime when the bills just got too steep.
And I never passed a cry for help, though at times I shook with fear.
And sometimes, God forgive me, I wept an unmanly tear.
I know I don't deserve a place among the people here.
They never wanted me around except to calm their fear.
If you've a place for me here, Lord, it needn't be so grand.
I've never expected or had too much.
But if you don't, I'll understand”.
There was silence all around the throne where the saints had often trod.
As the officer waited quietly for the answer of his God.
“Step forward now, Officer, you've borne your burdens well.
Come walk a beat on Heaven's Streets. You've done you time in Hell”.

This is an ode for Peter O'Kane who died recently and I am very apologetic I could not be at the funeral.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:10 p.m.

NDP

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

Mr. Speaker, I would first like to offer my condolences to my colleague, the parliamentary secretary, for her loss.

The Standing Committee on Finance met for many hours to discuss Bill C-45. On most of what we discussed, including the amendments, we were in strong disagreement with the government.

Our view is that the government is headed in the wrong direction. The government is missing out on obvious opportunities to play a positive role in Canada's economy. I do not have a lot of time to ask a question, so I would like to focus on one specific aspect on which we were in disagreement. That was the issue of scientific research and experimental development.

In committee, we heard several witnesses, particularly from the world of business, including the Canadian Manufacturers and Exporters association, which described its concerns about how changes were being made. The government is claiming that investment in private sector research and development has dropped by $500 million, whereas according to Canadian Manufacturers and Exporters, the figure is closer to $633 million. According to the association, this will lead to 18% to 20% less private sector research and development.

Another significant component is the elimination of capital expenditure eligibility for the research and development tax credit. The NDP has accordingly suggested postponing the changes for five years so that the implications could be studied more carefully.

I would like to know why the government is refusing a measure like this one, which would make it possible to study the changes proposed by the government in greater detail.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:10 p.m.

Conservative

Shelly Glover Conservative Saint Boniface, MB

Mr. Speaker, I would like to thank my colleague from the Standing Committee on Finance. We work very well together, and it is a pleasure to work with this member of the official opposition.

I would like to begin by noting that a report, called the Jenkins report, was recently tabled. Experts were asked to give us advice on how to introduce measures that would support research and development.

On the basis of the Jenkins report, we added measures to the bill itself to allow for direct funding to certain organizations. These measures were recommended by the experts who prepared the report. They are also supported by other organizations. I should point out that even the organization mentioned by our NDP colleague supports several of the other measures that were recommended. It supports us on the hiring credits, and it supports us in terms of giving more money to research and development.

This should indicate to my colleague that many people support our measures. We intend to continue in the same direction.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:15 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, at the finance committee, the member actually voted against adding Kingfisher Lake to the list of protected waterways under the Navigable Waters Act. I am told that Kingfisher Lake is a magnificent place. It is located less than 10 kilometres from the member's riding. On a hot summer day, all 2,000 parking spaces at its beach are usually filled with Winnipeggers and St. Boniface residents who flock to the lake for recreation in the summer. The lake has received seven Master Angler Awards for rainbow trout, like the 58 centimetre one caught a few years ago by Jason Everett.

Why did the member not stand up for her constituents, who love Kingfisher Lake, and vote for the Liberal amendment to add the lake to the protected list?