Bill C-45 (Historical)

Jobs and Growth Act, 2012

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

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

Motions in amendment

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, we on this side are truly concerned about the environment and we take a long-term view. We are not just thinking about little housekeeping tasks.

I do recognize that some action has been taken, and that is important, but the hon. member does not understand that the environment is not a concern for us alone, but also for our children and grandchildren. Right now, we say that polluters must clean up, but polluters continue to pollute, and future generations will have to pay the price. That is what we are trying to explain to our hon. colleague.

We want to invest, to move forward, and to have a sustainable economy. I hope the hon. member realizes that we will not always be able to depend on fossil fuels. One day we will have to transition to the power sources of the future. Why not do it now, to make sure the change gets made? Why not tell today's polluters that they must pay, rather than saying that if our children want a cleaner environment they will be the ones to pay the price?

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, I appreciate the opportunity to speak in the House today on behalf of my constituents of Pickering--Scarborough East in supporting Bill C-45, the second budget implementation bill, and against the NDP and Liberal opposition attempts to delay and defeat it.

I fully support the legislation, which, logically, would provide the means and tools to continue to build Canada's future economic strength for many years to come. As a professional engineer, I appreciate the logic and systematic nature of our progressive efforts in Bill C-45 to maintain our country as the best place in the world to live, raise a family and do business.

As members may know, Bill C-45 includes vital implementation measures outlined in jobs, growth and long-term prosperity in Canada's economic action plan 2012 which is focused on jobs, growth and long-term prosperity for our nation. It would help continue to set the stage for the next wave of job creation and economic growth and position Canada for a secure and prosperous future.

Bill C-45 contains a series of clarifications and measures to amend several acts and bring technical changes in order to streamline the application of provisions previously passed in economic action plan 2012. In fact, it reflects a logical continuation of responsible and prudent fiscal management.

I would note the baseline matters that are extremely important to my constituents in Pickering--Scarborough East. These are to maintain a low unemployment rate, the creation of new jobs with a high technological content and the logical expectation that the government is creating the proper environment for this purpose.

My riding is quite unique in that it contains the Pickering nuclear power plant, which is in the proximity of Canada's largest urban area and employs many engineers and technologists. My riding also houses the University of Toronto Scarborough Campus and Centennial College, institutions that produce many youth close to entering the job market. In addition, my riding has many small and medium size businesses.

The global economy is changing. Competition for the brightest minds is intensifying. The pace of technological change is creating new opportunities while making older business practices obsolete. Canada's long-term economic competitiveness in this emerging knowledge economy demands globally competitive businesses that innovate and create high-quality jobs.

I will take this opportunity to underline and specify to the House that engineering, my profession, is a practical vocation that makes things happen and is not hiding behind words and commas. Its practitioners are optimists who seek solutions and are confident that solutions can be found in an economical and ethical way.

Engineers do not just work on physical implementation of industrial projects. Some also use their practical knowledge to help governments understand choices and the most effective means to get things done. They are also realists who abhor abstraction and rigorous planners with a strong sense of discipline. Engineers also help to inform public opinion by illuminating what can be done and bringing to life the sense of what is possible, a hugely important motivator for all of us. They are looking for solutions and not sensations.

Indeed, it strikes me that the more complex the challenges facing the world become, the more pivotal engineering is to the search for solutions. I am talking especially about energy, where Canada has immense resources and the contribution of engineering is crucial to their responsible development. I invite my colleagues from the opposition to collaborate in its rational utilization for the benefit of our nation and mankind rather than demonizing it.

The future is never guaranteed but rational and positive resource exploitation today ensures an independent and economically stable tomorrow. It is, therefore, imperative for all of us to act today and not tomorrow.

Churchill put it in characteristically stark terms in June 1940 as he contemplated what, at the time, seemed a catastrophic future for mankind. If Britain failed to halt Hitler. He said, “the whole world...will sink into the abyss of a new Dark Age made more sinister, and perhaps more protracted, by the lights of perverted science”.

Science in the service of evil could enslave mankind, but what of applied science in the service of the good, in the cause of averting catastrophe?

It is to this end that our government is investing in the science and engineering of the good, and creating a fertile environment for small and medium size businesses to develop. These policies will help to maintain Canada's position among the leading industrialized countries of the world.

However, despite strong policy fundamentals to support innovation in Canada, Canadian businesses do not take full advantage. Canada continues to lag behind peer countries in terms of overall innovation performance, including private sector investment in research and development, and the commercialization of research into products and processes that create high-value jobs and economic growth.

This is why our government is committed to a new approach for supporting innovation in Canada by pursuing active business-led initiatives that focus resources on better meeting private sector needs and Bill C-45 leads in that direction.

Bill C-45 focuses on continuing to implement a strong economy and create jobs as outlined in the economic action plan 2012 in order to secure jobs, growth and long-term prosperity for Canada.

Our government's focus continues to be on practical matters with real commercial potential meant to create jobs and prosperity for Canadians. It does not stop there, however. It also invests in people, the most precious resource, by creating the right environment and opportunities to be creative.

I would mention some areas where the bill brings improvements and clarifications: responsible resource development ensures that major resource projects are not bogged down by the regulatory system and that one project receives only one review in a clearly defined timeframe; the hiring credit for small businesses extends the credit of up to $1,000 for one year to encourage additional hiring, and lowers total business payroll taxes by $205 million, which benefited nearly 534,000 employers last year; for helping youth gain skills and experience, $50 million to the youth employment strategy; and for connecting Canadians with available jobs, $21 million to improve job and labour market information for Canadians looking for work.

As I said before, Bill C-45 is very important for the advancement of the Canadian economy, and our Conservative government's top focus is just that, creating jobs, promoting economic growth and ensuring long-term prosperity. We know what matters to Canadians and their families, and we are getting results for them on that front with nearly 820,000 net new jobs created since July 2009, 90% full-time and over 80% in the private sector.

We all know that Canada is not immune to these global challenges and we need to be on guard. That is why we are working hard to implement economic action plan 2012 and Bill C-45 would do just that. That is why we, along with many Canadians, are so disappointed in the NDP and the Liberals for refusing to put Canadians ahead of their own partisan agenda by delaying these important measures to help Canada's economy to keep its good momentum.

The measures I have highlighted today are significant examples of this government's commitment to a strong economy and responsible management in the name of all Canadians. It represents the continuation and implementation of our longer term view of how we can become more efficient and more prudent with taxpayers' heard-earned money.

As our Conservative government has said all along, the global economic recovery remains fragile. That makes responsible management to return to balanced budgets even more important, and that is the laser focus of Canada's economic action plan 2012 and Bill C-45 provides the means for its implementation.

It is the steps we take today that will give us the ability to withstand the complex global challenges of today and tomorrow. That is why our Conservative government's main focus has been and will remain the economy, including implementing Canada's economic action plan 2012, and why I do not support the NDP and opposition attempts to delay and defeat Bill C-45.

[The Acting Speaker, Barry Devolin]

The time for government orders has expired. As such, the hon. member for Pickering—Scarborough East will have five minutes for questions and comments when this matter returns before the House.

The House resumed consideration of Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Jobs and Growth Act, 2012

[Scott Brison, Liberal, Kings—Hants, NS]

Mr. Speaker, I rise to speak to the Conservatives' latest omnibus budget legislation, Bill C-45, at report stage.

I will focus my remarks today on: one, how the New Democrats worked closely with and supported, helped, aided and abetted the Conservatives in their ramming of this omnibus bill through committee; two, a very dangerous precedent that was set at finance committee during the study of Bill C-45; and, three, some of the flaws in Bill C-45 that were identified by Canadians during the committee's study.

As members know, Bill C-45 is a mammoth bill. It is over 400 pages long and would amend over 60 different laws. It includes a large number of provisions that simply do not belong in a budget bill: rewriting the laws protecting Canada's waterways; redefining aboriginal fisheries, without even consulting first nations peoples; and eliminating the Hazardous Materials Information Review Commission. These are just a few examples of what is in Bill C-45 and examples of measures that would really have nothing to do with the fiscal situation of the country.

Canadians overwhelmingly disapprove of the Conservatives' use of omnibus budget bills to ram a large number of unrelated measures through Parliament without sufficient study or debate. A recent poll by Forum Research shows that 64% of Canadians oppose the Conservatives' omnibus legislative approach. Even a majority of Conservative supporters oppose the Conservatives' use, overuse and abuse of omnibus bills.

The Prime Minister once opposed the use of omnibus bills, but under his watch we have seen a clear trend toward the use of omnibus legislation. In fact, Bill C-13 in 2006 was 198 pages; Bill C-28 in 2007 was 378 pages; Bill C-10 in 2009 was 552 pages; Bill C-9 in 2010 was 904 pages; Bill C-13 in 2011 was 658 pages; and Bill C-38 earlier this year was 452 pages.

To put this in context, the largest Liberal budget bill was Bill C-28 in 2003, which was 144 pages in length, and it focused on fiscal measures, not on unrelated measures.

I will also speak about the NDP in this case. The NDP actually helped the Conservatives in passing Bill C-45 as quickly as possible through committee. The New Democrats say that they oppose Bill C-45 and they say that they oppose closure. However, their actions speak louder than their words. While they talk the talk, they do not walk the walk when it comes to actually standing up to the Conservatives and their abuse of Parliament. Instead of standing up to the Conservatives and providing any real opposition to Bill C-45, the New Democrats have actually been helping the Conservatives.

Here are a few examples. The New Democrats voted with the Conservatives to impose time allocation to limit the debate on Bill C-45 at committee. The New Democrats voted with the Conservatives to overrule the finance committee chair, the member for Edmonton—Leduc, a chair who is respected by all members of the House for his judgment. To have him rebuked by his own colleagues was bad and it was terrible to see the New Democrats gang up with the Conservatives against the member for Edmonton—Leduc. The New Democrats voted with the Conservatives to throw out the rules at committee and to shut down opposition to Bill C-45. The New Democrats then gave up one of their votes at finance committee and worked out a schedule with the Conservatives so the finance committee could get through Bill C-45 as quickly as possible. The New Democrats voted with the Conservatives almost 2,000 times at the finance committee to oppose measures that could have delayed certain parts of Bill C-45.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

A coalition.

[Scott Brison, Liberal, Kings—Hants, NS]

Right, it could be considered a coalition.

It is not clear what the New Democrats were thinking, or whether they were thinking. It is either a question of gross incompetence, benign neglect or absolute complicity with the Conservatives. We have three choices—

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

A combination of all of them.

[Scott Brison, Liberal, Kings—Hants, NS]

—or a combination.

They opposed both measures in the bill as well as the amendments that would have delayed those measures in the bill. How incoherent could that be? Normally if we oppose a piece of legislation, then logically we would also support measures to delay that legislation. The New Democrats voted in favour of the Conservatives' time allocation motion at committee, but this week they have been rising on points of order to complain to the Speaker about the very time allocation motion they supported at the finance committee: go figure.

For the life of me I cannot understand why the NDP would ever join with the Conservatives in overruling the member for Edmonton—Leduc, a friend of mine, a great fellow and someone whose judgment is extremely good at committee. It is just a travesty.

In terms of Liberal amendments, Canadians have told us loud and clear that they oppose the Conservative omnibus budget bills. They want us to, as much as we can and within the rules, every legislative and parliamentary tool we have to fight this abuse of Parliament.

The Liberals listened. We introduced just over 3,000 amendments to Bill C-45 at the finance committee. These amendments would: stop the hidden Conservative tax grab on small businesses by expanding the hiring credit in Bill C-45; stop or delay the drastic cuts to SR and ED tax credits that support job creation in Canada and are key to Canada's international competitiveness; improve the definition of “aboriginal fisheries” to ensure that it includes the right to earn a moderate livelihood, as set out in the 1999 Supreme Court of Canada decision R. v. Marshall; delay the foreign affiliate dumping provisions that risk Canada's global reputation in finance and mining; and add almost 1,000 lakes to the list of protected waterways under the new Navigations Protections Act in Bill C-45.

I want to speak to the dangerous precedent we saw at finance committee. The time allocation motion that the Conservatives and the NDP both supported to limit debate on Bill C-45 at committee prevented me from properly moving my amendments there. When the Conservatives realized that their time allocation motion would have allowed us to move most of these amendments in the House during report stage, they did the unthinkable. Instead of amending the time allocation motion, they overruled the committee chair, the member for Edmonton—Leduc, and used their majority to interpret the time allocation motion as meaning the opposite of what the motion actually stated. Bizarrely, the Conservatives were joined by the NDP in overturning the chair and throwing out the rules. It is a dangerous precedent that was set at finance committee. Essentially, the Conservatives can now use their majority to challenge any chair in any committee, say that the rules are black instead of white and have their way without any debate whatsoever.

As a result of this dangerous precedent at the finance committee, all the motions I put on notice were retroactively deemed to have been moved without my consent. We protested this dangerous precedent by insisting on recording votes for most of the motions. However, the NDP again helped speed up the passage of Bill C-45 at committee by giving up one of their votes at committee and agreeing with the Conservatives to a schedule to pass Bill C-45 as quickly and easily as possible.

It is really quite shocking how complicit the NDP members have been in helping the Conservatives pass this budget bill. They say that they oppose both the measures in the omnibus budget bill and the abuse of Parliament implicit in the omnibus budget bill. However, at the end of the day, when it comes down to brass tacks they have been supporting the Conservatives legislatively, ensuring passage of this bill as quickly as possible.

There are some very good reasons to oppose the bill. There are many serious flaws. The so-called hiring credit for SMEs is so badly designed that it will actually punish certain small businesses that hire new workers or give existing workers a wage increase. It includes a hidden 7¢ EI premium hike for small businesses that qualify this year and up to a 14¢ EI premium hike for small businesses that qualified last year but do not qualify this year.

We have tried to fix these design flaws with amendments that the Canadian Federation of Independent Business actually supports. However, the Conservatives refuse to do the right thing, which was to listen and fix the bill.

In terms of the foreign affiliate dumping issue and provisions, we have heard from the Toronto Stock Exchange and the mining industry, PDAC, about how foreign affiliate dumping provisions will put Canada's finance and mining sectors at risk. It is important to consider that 80% of mining transactions or financing in the world over the last five years were transacted in Toronto.

Both on the finance side and on the actual development of mines, Canada is a global leader. There are measures in the bill that will compromise our capacity to create jobs in the mining sector both in Canada and for Canadians around the world.

These are some of the concerns, along with SR and ED. Canada's innovators, manufacturers and exporters are telling us that these changes to SR and ED are going to imperil Canada's innovation and research and development. The Conservatives are not listening and they are going ahead with these changes.

In conclusion, Bill C-45 includes measures to correct the mistakes that were in the spring omnibus budget legislation in Bill C-38. The Conservatives should have learned from ramming that through that they made some mistakes. They should have listened to Canadians, listened to opposition members, respected Parliament and not introduced another egregious omnibus bill such as Bill C-45.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I would like to thank the hon. member for his speech.

We agree with our colleagues that Bill C-45 is an omnibus bill. However, I would like to set the record straight. The Conservatives tabled in committee a motion to limit debate. In fact, the hon. member is well aware of that since he sits on the Standing Committee on Finance. So, we were allowed to debate until midnight, but afterwards we could no longer discuss the legislation or the amendments. We had to vote.

The hon. member and the Liberals proposed 3,000 amendments. Quite frankly—and my colleague must acknowledge this—these amendments were not all substantial. A number of them were even very superficial. Yet, even those minor amendments were rejected. Later on, the hon. member voted in favour of the clause in question.

He claims we are saying one thing and doing another. However, it should be noted that the Liberals voted 114 times in support of the Conservatives on a confidence vote, and they supported three budgets after rising in the House to voice their opposition.

[Scott Brison, Liberal, Kings—Hants, NS]

Mr. Speaker, I very much appreciate the hon. member's question. Frankly, I really like the NDP member. He is a good guy. We work very hard together on the committee.

I do not understand why the New Democrats supported the Conservatives. They voted with the Conservatives to limit debate in committee and to expedite the passage of the bill. That does not make any sense. I hope that, in the future, we can stand up to the Conservatives with the support of New Democrats. I am somewhat disappointed that the New Democrats did not stand up to the Conservatives in committee.

Again, I am disappointed. I do not understand the NDP's incompetence.

[James Rajotte, Conservative, Edmonton—Leduc, AB]

Mr. Speaker, I should point out a couple of things. To say that the NDP supported the government on Bill C-45 is not correct and the member knows that, obviously.

Also, with respect to what happened at committee, there were 1,800 amendments proposed by the member, which changed successive days in terms of coming into force, which the NDP, in my view, responsibly voted against because those are not substantive policy amendments. The member should be clear on that.

I would like to ask the member a question because he was praising Liberal budgets before with respect to 1997 and 2003. Could the member for Kings—Hants, a member who I have the greatest respect for, indicate how many Liberal Party budgets between 1997 and 2003 did he stand up and vote for in the House?

[Scott Brison, Liberal, Kings—Hants, NS]

Mr. Speaker, during that period of time as a finance critic for the Progressive Conservative Party, I obviously developed a very good working relationship with the then finance minister, Paul Martin. As he became prime minister, I developed an even closer working relationship with him. That speaks to a collegiality of Parliament that existed back when the Liberals were in power. They worked with opposition critics. They worked together for the betterment of Canadians. They worked together constructively and reached out to opposition members to seek their ideas and input. In some cases it was to seek their membership in the Liberal caucus.

The reality is that there was a different level of co-operation and of respect for Parliament when I sat as a member of the opposition to a Liberal government. The committees worked better at that time. We developed unanimous reports in many cases because there was a working across.

I do not blame the hon. member, the chairman, for the dysfunction that exists at finance committee. I do not blame him for the fact that the government members try to run it as a branch plant of the minister's office. I know he does his best as a professional to run the finance committee right, but I do not envy the position that he is put in by a government that—

[The Acting Speaker, Bruce Stanton]

Order, please. Before we resume debate, just a reminder to hon. members that throughout the debate on report stage, we have a 10-minute time period for the speech presentation and five minutes for questions and comments.

I do note that many members would wish, as one would expect, to get up on questions and comments. However, to accommodate as many members as possible, we do need some co-operation from hon. members to think about a one-minute question and a one-minute response so that other members, or their own colleagues, quite often, will have the opportunity to question the member who just spoke.

Resuming debate, the hon. member for Niagara West—Glanbrook.

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, I rise today to speak to the economy and our government's economic action plan.

The current state and future direction of the Canadian economy is of great interest and concern to all Canadians. The Canadian economy has weathered the financial storm, avoided recession and prevented job losses on the level we have seen in our neighbour to the south. The strength and stability of the Canadian economy speaks for itself. Its fortitude is a reflection of the industrious spirit of Canadian commerce and the integrity of Canadian values.

I am proud of the hard work and the commitment this government has made to foster strong, sustainable, long-term economic growth and the creation of high-quality, value-added jobs for Canadians. The Minister of Finance assured Canadians that our government is striking the right balance between returning to balanced budgets over the medium term, and continuing to invest in the key drivers of economic growth and job creation.

Today I would like to remind the House of this government's commitment to creating jobs, growth and long-term prosperity. We are achieving these goals through new programs; increasing funding for research and development; negotiating new trade deals with other governments as well as continuing to work with our neighbour and largest trading partner, the United States; introducing new immigration policy, attracting qualified and capable newcomers; investing in small and medium-sized businesses; and lowering corporate tax rates to encourage development in existing companies and attract responsible foreign investment. All of these strategies aim to promote sustainable growth in the medium and long term. These are the economic priorities of this governments, which I want to further explain and expand on today.

An economy's growth potential is measured by the innovation and development of its industries. Without new ideas and new markets, an economy will struggle and stagnate. In Canada, we are proud to have industries, businesses and entrepreneurs that are forward thinking and focused on expanding into new and emerging markets.

Research and development plays a crucial role in the success or failure of new programs and products. That is why this government has optimized federal spending on research and development to stimulate innovation and create economic opportunities in Canada. This government contributed $29.9 billion in funding to support R and D last year, an increase of 2% on the year before. Following the recommendations of the Jenkins report, this government invested $1.1 billion to directly support R and D, and $500 million for venture capital.

Our government's economic action plan is committed to the success of Canadian entrepreneurs, innovators and world-class researchers. Following the recommendations outlined in the report “Innovation Canada: A Call to Action”, our government implemented strategies to help innovative businesses grow into larger, globally competitive companies.

One of these key strategies is to shift resources from indirect support through the scientific research and experimental development tax incentive program, or SR and ED, to direct forms of support, including the industrial research assistance program. This program will receive an additional $110 million per year, doubling support for small and medium-sized businesses and creating high-value jobs. The industrial research assistance program is a cornerstone of Canada's innovation system and is regarded worldwide as one of the best programs of its kind.

Canada remains a world leader in R and D. We are one of the top ten countries in the world for R and D investment, contributing 1.8% of GDP. Our government recognizes the important role research and development plays in the success of entrepreneurs, innovative businesses and world-class researchers. We are determined to see their continued success in the years to come.

In keeping with our government's economic action plan for investment, we are also focused on reducing the impediments to growth. It is no secret that red tape restricts economic growth and erodes public trust. That is why we are committed to removing bureaucratic obstacles to businesses' efforts to create jobs and growth. Fulfilling a budget 2010 pledge, our government established the Red Tape Reduction Commission, which I proudly took part in. The commission was tasked with formulating recommendations to reduce irritants to businesses that affect productivity, competitiveness and innovation.

An example of this was the implementation of the one-for-one rule. This rule stipulates that every time the government adopts a new rule, it must eliminate an existing one. This balanced approach to business regulation has received wide support from small and medium-sized businesses across the country. We are committed to delivering better regulations that reduce obstacles, lower costs and promote growth for Canadian businesses.

While small and medium-sized businesses form the backbone of the Canadian economy, corporations are equal contributors to creating jobs, growth and long-term prosperity in Canada. Our government's economic action plan has introduced broad-based tax reductions that promote investment and growth across the Canadian economy.

We are delivering more than $60 billion of tax relief to job-creating businesses through a six-year fiscal plan. To better support business investment and improve productivity, this government has reduced the federal general corporate income tax rate to 15% on January 1, 2012, from 22% in 2007. Reducing corporate taxes and removing obstacles for foreign investment will spur the Canadian economy forward.

These improvements are already producing results. Lower general corporate taxes have increased the rate of return on investment and reduced costs, providing businesses with stronger incentives to invest and hire in Canada. Canada leads the G7 with the lowest overall tax rate on new business investment. Our proven policies have been recognized by Forbes magazine. In 2011, Forbes magazine featured “The Best Countries for Business”, and Canada is the number one jurisdiction for conducting business among 134 countries studied. This article is high praise. Keeping taxes low and providing the right incentives for Canadian businesses is a cornerstone of this government's long-term plan for jobs, growth and prosperity.

International trade and foreign investment continue to be high priorities. If Canada is to continue to grow and prosper, we need strong, reliable trade partners, partners who will invest in Canadian industry while encouraging Canadian investment in their own. These are the partnerships this government has forged and will continue to build on. We are pursuing the most ambitious trade expansion plan in Canadian history.

We are committed to creating the right conditions for Canadian businesses to compete internationally and in new emerging markets. Canada's foreign investment promotion and protection agreement, FIPA, with China will provide stronger protection for Canadians investing in China and facilitate the creation of jobs and economic growth here at home. This is exactly the trade partnership Canadian businesses and venture capitalists need to grow and expand. This treaty is designed to protect Canadian investors in China through stable, predictable rules and protection against discriminatory and arbitrary practices. Despite the baseless claims made by members of the opposition parties, this treaty does produce a net benefit to Canadian industry. This government's pro-trade plan is opening new doors for Canadian businesses and provides important benefits for Canadian investors.

In addition to forging new partnerships, this government is sitting down with old friends in the European Union to establish a new trade agreement. The Canada-Europe comprehensive and economic trade agreement promises to be a co-operative and valuable partnership. The agreement mirrors NAFTA, but is considerably more ambitious and more lucrative. In a recent study produced by a joint Canada-EU trade committee, it was found that a new agreement could boost Canada's GDP by $12 billion annually and increase bilateral trade by 20%. To put that into perspective for the House and for Canadians, that is equivalent to creating almost 80,000 new jobs or adding $1,000 dollars to the average Canadian family's income.

Trade agreements aim at creating jobs in high-growth industries such as resource development, agriculture production, high-tech manufacturing and global finance. These are important markets with high growth potential. Their success will have a direct impact on the infrastructure, development and success of communities across this country. The beauty of CETA is that it will enhance trade alliances and corporate partnerships in markets throughout the provinces and territories. We all stand to profit from this treaty. The negotiations with the European Union are the most transparent and collaborative trade negotiations ever undergone in Canada. All levels of government recognize the economic benefits this agreement would bring to all regions in Canada. The EU holds tremendous opportunity for Canadian workers and businesses. The EU market includes 500 million people and annual economic activity of over $17 trillion. The European Union is Canada's second-largest trade and investment partner, behind only the United States. Canadians' prosperity and standard of living depend on these trade agreements, and this government is committed to seeing all of them realized.

There are other things I wanted to talk to, but I see I am running low on time, so I will move toward the end of my presentation.

We believe that the federal skilled worker program aims to better recognize younger immigrants with Canadian work experience and better language skills. That is something we want to examine. Another major section of the Canadian immigration system to be improved is the pan-Canadian framework for the assessment and recognition of foreign qualifications. This is a system that is important as we move forward as well, as we attract new people to help with the jobs we are going to continue to have.

I just want to summarize by saying this government's economic action plan and vision are clear. We are committing to fostering strong, sustainable, long-term economic growth and the creation of high-quality, value-added jobs for Canadians.

Canadians have placed their trust and financial interests in the hands of our government, and we are dedicated to delivering on all their expectations. Strong, fiscally responsible governance, focused on creating jobs, growth and long-term prosperity—that is the Conservative vision. That will produce results. That is what we have, and it is in the best interests of all Canadians.