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 was last introduced in 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. The Library of Parliament often publishes better independent summaries.

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.

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.

Bill C-45—Time Allocation MotionJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 10:40 a.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

All those in favour of the motion will please say yea.

Bill C-45—Time Allocation MotionJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 10:40 a.m.
See context

Some hon. members

Yea.

Bill C-45—Time Allocation MotionJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 10:40 a.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

All those opposed will please say nay.

Bill C-45—Time Allocation MotionJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 10:40 a.m.
See context

Some hon. members

Nay.

Bill C-45—Time Allocation MotionJobs and Growth Act, 2012Government Orders

October 25th, 2012 / 10:40 a.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

And the bells having rung:

(The House divided on the motion, which was agreed to on the following division:)

Vote #485

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 11:20 a.m.
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NDP

The Deputy Speaker NDP Joe Comartin

I declare the motion carried.

The hon. parliamentary secretary on a point of order.

Jobs and Growth Act, 2012Government Orders

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

Shelly Glover Conservative Saint Boniface, MB

Mr. Speaker, it is not actually a point of order. I was hoping that we were going to the orders of the day so that I could proceed with asking a question of the Leader of the Opposition, who spent some 80 or 90 minutes speaking in debate yesterday and not even giving the Liberals an opportunity to speak.

It appears that the Leader of the Opposition is in fact afraid to answer questions here in the House with regard to the misleading comments he has made. Therefore, I offer an opportunity, because I am sure he is in the lobby, for him to come back and take questions.

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 11:25 a.m.
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Some hon. members

Oh, oh!

Jobs and Growth Act, 2012Government Orders

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

The Deputy Speaker NDP Joe Comartin

That, rather obviously, is not a point of order.

Resuming debate, the hon. member for Wascana.

The House resumed from October 24 consideration of the motion that Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the second time and referred to a committee.

Jobs and Growth Act, 2012Government Orders

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

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, in this debate on Bill C-45, the concerns of the Liberal opposition fall into two categories—

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 11:25 a.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

We will just take a minute to let the chamber clear. For those not remaining to hear the debate, please move outside the chamber.

The hon. member for Wascana.

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 11:25 a.m.
See context

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, in the debate on Bill C-45, the concerns of the Liberal opposition fall into two categories.

First, from a procedural point of view, the government is again trying to jam Parliament, making sensible debate very difficult and rendering any votes on the bill both muddled and meaningless, all because Bill C-45 is another offensive omnibus bill, one that exceeds every legitimate precedent and that clearly constitutes an abuse of power.

Second, when economic growth is slowing to a crawl; when Canadian productivity is worse than we thought; when household debts are reaching dangerous proportions; and when worldwide financial risks are “alarmingly high”, to use the words of the IMF, Bill C-45 is stunningly complacent. There is nothing significant to promote growth, jobs, innovation and productivity, or to achieve genuine sustainable development in one of the world's most important resource economies, or to foster a dynamic and successful middle class, or to combat growing inequality between different sectors, regions and demographic groups.

On the procedural point, so-called omnibus bills obviously bundle several different measures together. Within reasonable limits, such legislation can be managed through Parliament if the bill is coherent, meaning that all the different topics are interrelated and interdependent and if the overall volume of the bill is not overwhelming. That was the case before the government came to power in 2006.

When omnibus bills were previously used to implement key provisions of federal budgets, they averaged fewer than 75 pages in length and typically amended a handful of laws directly related to budgetary policy. In other words, they were coherent and not overwhelming.

However, under this regime the practice has changed. Omnibus bills since 2006 have averaged well over 300 pages, more than four times the previous norm. This latest one introduced last week had 556 sections, filled 443 pages and touched on 30 or more disconnected topics, everything from navigable waters to grain inspection, from disability plans to hazardous materials.

It is a complete dog's breakfast, and deliberately so. It is calculated to be so humongous and so convoluted, all in a single lump, that it cannot be intelligently examined and digested by a conscientious Parliament.

Worse still, routine matters and positive measures are interwoven willy-nilly with destructive and contentious issues so that at the end of the day there can be no clear vote on anything, and thus the basic reason for this House to exist, to vote and to decide, is subverted.

Clearly Bill C-45 and its immediate predecessor, Bill C-38, are an abuse of power, and there is no greater authority for that indictment than the Prime Minister himself. When he served in opposition, he complained bitterly about a rather tiny omnibus bill back in 1994 that dealt with just five interconnected topics and ran a grand total of 21 pages.

In high dudgeon at the time, the Prime Minister said that the modest bill was:

—so diverse that a single vote on the content would put members in conflict with their own principles.

He continued:

We can agree with some of the measures but oppose others. How do we express our views and the views of our constituents when the matters are so diverse? Dividing the bill into several components would allow members to represent views of their constituents on each of the different components in the bill.

He asked government members in particular to worry about the implications of omnibus bills for “democracy and the functionality of...Parliament”. That was the Prime Minister in 1994 complaining about a bill of a mere 21 pages.

By contrast, what we have before us today in Bill C-45 is massive, with more than 400 pages and more than 500 sections covering more than 30 different topics, amending more than 60 other pieces of legislation, some of which were never mentioned in the budget itself.

The Prime Minister must be totally twisted out of shape by this perversion of parliamentary democracy. It is either that or, now in power, his previous principles have become expendable. Canadians fear the latter is the case.

It is not just manipulative omnibus bills that break the rules of decent behaviour. It is also ministerial binges on $16 orange juice and lavish limousines and ornamental gazebos in Muskoka, all at the taxpayers' expense, and never a word of complaint from the Prime Minister. It is hundreds of millions of dollars wasted on the most self-serving tax-paid advertising, external crony consultants, a bloated cabinet and 30 extra totally unnecessary MPs. It is routinely invoking closure to stifle debate. It is forcing parliamentary committees to do the public's business in secret behind closed doors. It is ministers' offices interfering with the public's access to information. It is systematic personal attacks to discredit and intimidate charities, NGOs, public servants and parliamentary watchdogs from the budget officer to the Auditor General, from the information commissioner to Elections Canada. The government will try to shut up anyone who has the temerity to speak truth to power. Ultimately, all of this leads to bad governance, like the multi-billion dollar F-35 stealth fighter boondoggle, which both the Auditor General and the Parliamentary Budget Officer have depicted as dishonest and incompetent.

Expendable principles also lead to election financing fraud, for which the party opposite has been charged and convicted. It also leads to deceitful robocalls and tampering with people's right to vote. Abusive omnibus bills are part of that same matrix of wrongdoing with impunity.

How can this be fixed? The government accepted a Liberal idea last Thursday and Friday to carve out MP pension reforms, which were previously in Bill C-45, so they could be approved separately and immediately. That was a decent start. It proved that these bills are severable. Yesterday, the government accepted another Liberal suggestion to subdivide Bill C-45 for committee study. Instead of being sent as a single lump to the finance committee, the various subject matters in Bill C-45 will each be examined in detail by the House standing committee that has the appropriate expertise.

That is a very good second step. However, voting is the key. After all the debating is done, the vote will still remain convoluted because Bill C-45 will not be voted upon in sections or by topics but rather all together, at once, as one lump sum. That makes any such omnibus vote quite meaningless.

This too can be fixed. We call upon the government to structure the final vote on a topic-by-topic basis. It should not muddle scientific tax credits with bridges to Detroit, not confuse the IMF with the EI financing board, but should call separate and distinct votes on each of these topics and let the result be clear and honest.

With distinct and honest voting, and subject to the detailed review that will take place in the appropriate committees, there are certainly some measures in Bill C-45 that Liberals could support—for example, the IMF reforms, the CMHC adjustments, the concept of monetary penalties for violations of the internal trade agreement and, no doubt, others.

On some topics we would like to offer the government better alternatives. One example is the employment insurance hiring credit for small business. This measure is necessary only because the Conservatives are increasing the payroll tax burden on small businesses, indeed on all employers, each and every year. Last year and the year before and next year and the year after and every year into the foreseeable future, the government is increasing job-killing EI payroll taxes by some $600 million every year. Then it brags about a tax credit that gives back about $200 million. It takes away $600 million and gives back $200 million. As a consequence, employers are generally worse off. Those employers are paying more new Conservative taxes on jobs than they are getting back in any of the credits.

Business would have a greater incentive to generate new jobs if the government would just stop its annual payroll tax increases. When Liberals faced the challenge of a tough economy in the 1990s, we first froze EI payroll taxes and then we cut them, not once, not twice, but 12 consecutive times. We brought them down by more than 40%, and 3.5 million net new jobs were created. There is no room here to brag about the hiring credit. It is a temporary band-aid over the damage being done by higher and higher Conservative EI payroll taxes year after year.

Another area where Liberals would suggest a better idea has to do with the registered disability savings plans. The changes outlined in Bill C-45 are fine as far as they go. They offer some technical improvements in the plans, but they do not go far enough. Still left out, still discriminated against, are those unfortunate Canadians who are diagnosed with long-term debilitating conditions, like multiple sclerosis, for example. Given the capricious nature of diseases like MS, the sufferers may be fine today, with no signs of disability yet emerged, but they know that their future prognoses are quite likely to be problematic. What they would like to do now, while they still are able to earn a living, is to set up a registered disability savings plan and start building some financial security for their more difficult days down the road. But the government says no. To have an RDSP, they must be permanently disabled right now. They cannot make provision for the future. They have to wait until their disability overtakes them. Such rigidity in the rules is shortsighted, mean-spirited and just plain foolish. It can and it should be fixed in Bill C-45.

In the fight for greater equality of opportunity, other things should be done too. Personal tax credits for children's arts and sports, for volunteer firefighters and for family home caregivers should be made equally available to all of those who qualify, not just the more wealthy. As strange as it sounds, the government's tax credit structure is designed in such a way that those below a certain income level do not quality. It is perverse. It punishes the poor. Why is a child from a wealthy family more deserving than a child from a low-income family? Why are more wealthy firefighters or caregivers more deserving than low-income firefighters or caregivers? Of the 25 million people who file tax returns in Canada each year, more than one-third, some nine million families, have incomes so low that they are not eligible for these tax credits. It is unfair, it is wrong and it should be fixed.

Therefore, the government should stop increasing the EI payroll taxes and fix the flaws in registered disability savings plans and family-based tax credits. These things would actually promote economic growth and reduce the inequality among Canadians, but sadly, they are not in Bill C-45. Also, the government should not mangle the scientific research and experimental development tax credit by eliminating capital expenditures from the formula, because that is explicitly discriminatory against some sectors and some regions of the country that need this incentive.

We also want the government to get serious about the situation of young Canadians. Most of those young Canadians have seen very little improvement in their prospects since the depth of the recession four years ago. Unemployment among those under the age of 25 keeps hovering close to recession-like levels of 15%. Some 250,000 fewer young Canadians are employed today than before the recession began. Worse still, 165,000 young Canadians have just given up and dropped out of the job market. From preschool to grad studies, continuous, high-calibre learning is one of the keys to a strong, productive Canadian economy in a precarious world. While fully respecting provincial jurisdictions, the Government of Canada needs to be more than just an idle spectator when it comes to this crucial determinant of Canada's overall economic success and Canadians' individual wellbeing.

We will thrive, or not, in a tough global environment on the quality of our brain power. Therefore, it is good public policy for the federal government to invest in early learning and childcare, to break down financial barriers to post-secondary studies and skills, to ease the burden of student debt and shift toward more grants than loans, to bolster more curiosity-based pure research, to foster innovation and to make Canada the most connected and digital country in the world.

Squarely within federal jurisdiction for aboriginal education, the federal government must end the cap that limits first nations' access to post-secondary learning. In the kindergarten to grade 12 system, the feds need to fill that disgraceful gap between what they invest to educate aboriginal children and the much higher amounts the provinces invest for non-aboriginal children. That discrepancy has to be fixed.

Sadly, none of these courageous measures are to be found in Bill C-45, nor does the bill address the urgent need for more affordable housing, especially for seniors, students, the disabled and others with special needs. It does not take the creative step of transferring the entire federal gas tax to local municipal governments to help underpin community infrastructure. It does not advance the principle of a more extensive CPP, while it perversely maintains the government's odious decision to cut the future pensions of the poorest and most vulnerable of senior citizens. Those pensions will be cut gradually in the future at a saving of something approaching 0.3% of GDP. The burden of that minor saving for the Government of Canada will fall squarely on the backs of the lowest-income and most vulnerable older Canadians who have no alternatives.

Bill C-45 fails in the first obligation of every government, to keep Canadians safe. There is erosion in border services, prison security, our spy system, Maritime search and rescue, consumer product labelling, emergency preparedness, community crime prevention, cyber security and, most blatantly, food safety.

Why the government would choose to make these areas its primary focus for cutting has a lot of Canadians scratching their heads. They want to be able to count on their governments to ensure public health and safety, first and foremost. However, the government seems to have that priority nowhere significantly on its list.

On procedure and on substance, for what it does and what it fails to do, Bill C-45 in our judgment cannot be supported as it stands today.

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 11:45 a.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

Before we proceed to questions and comments, I wish to inform the House that, because of the proceedings on the closure motion, government orders will be extended by 30 minutes.

Questions and comments, the hon. member for Rimouski-Neigette—Témiscouata—Les Basques.