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.

Jobs and Growth Act, 2012Government Orders

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

NDP

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

Mr. Speaker, I would like to remind the hon. member for Wascana that, last June, we discussed Bill C-38, which amended, created or eliminated approximately 70 laws with a single signature and a single vote.

Right now, this mammoth monster bill includes over 60 laws. Even if it were divided and the parts were examined separately by different committees, the fact remains that it amends, creates or eliminates about 60 laws. Once again, we will have to decide with a single vote.

The problem is that we do not have time in committee or in the House to carefully examine each of the laws that will be amended. The government gave us 70 hours to examine Bill C-38 in committee. We might be given the same number of hours to examine Bill C-45.

We heard from 150 witnesses. Given the number of laws that are being amended, created or eliminated, the time that has been allocated is truly laughable. Generally speaking, we hear from 15 to 20 witnesses and have 25 to 30 hours per law. However, we are not being given that much time here.

The government is telling us that all we talk about is parliamentary procedure, while it is talking about the economy. However, procedure is important because it is the foundation of democracy.

I would like to hear what the hon. member for Wascana has to say about the way in which this government is making a mockery of Parliament, parliamentary procedure and democracy by introducing massive bills such as this one.

Jobs and Growth Act, 2012Government Orders

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

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, I agree with the hon. gentleman's concern. In the first half of my remarks today I went into considerable detail about why the procedure being followed here was mistaken. It does jamb Parliament. It limits the opportunity for debate and for serious consideration and, at the end of the day, it calls for all of these subject matters to be voted on together in a single vote. The government has indicated that it does not have to be that way.

Why does the government not fix this problem that it is causing for itself by insisting on the omnibus procedure? The government has already agreed that some things can come out of Bill C-45. That was demonstrated by the reforms to MPs' pensions. The bill can be severed. That has been demonstrated by what was done with the pension provisions.

The government has also indicated that the subject matters can be considered in different committees. It all does not have to go to finance committee. It can be divided up among eight, ten or twelve different committees of the House and the committee that has the expertise in a particular subject area can examine that portion of Bill C-45. That too is progress and it demonstrates that we do not have to have the omnibus procedure.

The government needs to go the one extra step and say that after the committees have done their consideration, the House can vote on these topics not all in one lump, but one by one, so the vote result can be clear and honest.

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 11:50 a.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, Bill C-45 is a huge bill. My colleague went through quite a number of areas where the federal government would be really eroding its ability to provide services to people. There are serious implications on Canadian society in receiving services from the government.

The member for Wascana may have touched on the changes to the Canadian Grain Commission, but he did not deal with them in detail. The Canadian Grain Commission has put Canada on the map in assuring that high quality grain gets to market. It gives some protection services to farmers and has enhanced our reputation abroad. Even changes to the Canada Grain Act are in this omnibus budget bill, which is clearly wrong.

Would the member care to comment on the impact that could have on the farm community and Canada as an export country shipping abroad?

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 11:50 a.m.
See context

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, in all of the intense debates over the last 25 years about the contentious issue of the Canadian Wheat Board, I often said that an even more crucial matter was the Canadian Grain Commission. The Grain Commission is that agency in our grain marketing system that guarantees quality to our customers and guarantees honesty in weights, measures and grades to farmers. The trend that is evident in this bill is a trend toward making the whole Grain Commission process voluntary, optional and entirely at the farmer's expense. We think that trend is wrong. Any agency or organization like the Grain Commission, after the better part of 100 years in service, can be upgraded, improved and modernized, but this is a case of throwing the baby out with the bathwater.

If we couple the elimination of the grades, standards and the guarantees of proper quality that the Grain Commission provides with the loss of the Canadian Wheat Board, the government is in the process of putting prairie agriculture back to about 1910.

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 11:50 a.m.
See context

Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Mr. Speaker, I listened to some of the historic revisions that went on. When we talk about employment insurance, Canadians at home watching this remember when a Liberal government took billions and billions of dollars out of the employment insurance system in order to balance the books. The member talked about programs for post-secondary education, health care and others. It is this government that has put money into those programs. During economic tough times, this government was able to find extra money to put into health care and made changes to the employment insurance system. The Liberals are the ones who took billions of dollars out of health care and employment insurance and now they say that this government is mismanaging.

The member talked about the IMF. The IMF has praised Canada. Yes, it has concerns. The OECD and the rest of the world is looking at Canada as the right way to manage an economy, yet the member wants some kind of revision not only of the past but the present.

Why does he not acknowledge the fact that there are improvements needed in many respects? We need only to look at the employment insurance plan to see how it has benefited women who can now apply for employment insurance when they are pregnant or for people who own businesses. There have been improvements to employment insurance to cover people who did not have such coverage before because they were single employers and ran their own businesses.

A lot of good things have happened and why the member does not at least acknowledge that is beyond me.

Jobs and Growth Act, 2012Government Orders

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

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, the difficulties that were faced by the government in the 1990s were very severe. The IMF was quite literally knocking on the door saying that Canada was about to hit the wall. Therefore, some serious decisions had to be made at that time. The praise coming from the IMF today is largely based on the courageous decisions that were made in the 1990s, and the IMF has said that. There was a $40 billion deficit that had to be dealt with.

The former leader of the hon. member's party, Preston Manning, said that the cuts should be deeper. He argued for the cuts to go further. The transfers to provinces that had to be reduced temporarily back in that period of time were all fully restored by the year 2001 and reached an all-time record level by 2003.

On the employment insurance premiums, the consolidation of the fund with the books of the Government of Canada was a specific recommendation by the Auditor General of Canada. The Liberal government followed the auditor general's advice and, at the same time, cut EI premium rates every year for 12 consecutive years, resulting in a saving to employers and employees of 40%, the exact opposite of what the Conservative government—

Jobs and Growth Act, 2012Government Orders

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

NDP

The Deputy Speaker NDP Joe Comartin

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

Jobs and Growth Act, 2012Government Orders

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

Kamloops—Thompson—Cariboo B.C.

Conservative

Cathy McLeod ConservativeParliamentary Secretary to the Minister of National Revenue

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jobs and Growth Act, 2012Government Orders

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

Elizabeth May Green Saanich—Gulf Islands, BC

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

Jobs and Growth Act, 2012Government Orders

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

The Acting Speaker Conservative Bruce Stanton

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

Jobs and Growth Act, 2012Government Orders

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

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

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

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

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

Jobs and Growth Act, 2012Government Orders

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

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

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

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

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

Jobs and Growth Act, 2012Government Orders

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

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

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

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

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

Jobs and Growth Act, 2012Government Orders

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

James Lunney Conservative Nanaimo—Alberni, BC

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

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

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

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

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

Jobs and Growth Act, 2012Government Orders

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

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

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

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

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