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.

Standing Committee on FinancePoints of OrderRoutine Proceedings

May 29th, 2013 / 4:20 p.m.
See context

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I rise today on a very specific point of order with regard to Bill C-60, an act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, and the work that was done by the committees that were studying this bill, particularly the finance committee, which invoked some measures we believe are not in order and fell well outside of its mandate.

As some context for those Canadians who are not familiar with Bill C-60, this is another piece of omnibus legislation. We rose earlier on similar points of order with respect to how the bill was handled.

In its nature, being an omnibus bill under the current government's watch, with the expansion of omnibus legislation to include so many different matters, the government has faced a difficulty of its own making in that it is not purely a financial bill and it is not simply a bill to implement the budget; it would do much more. While it has an anti-democratic nature and tone for us, in various ways we have struggled with the ability for members of Parliament to properly study and amend legislation that is so broad.

I wish that you would review the motion adopted by the standing committee on May 7, as well as the proceedings that resulted from this specific motion, and that you rule to determine whether these proceedings were in order or not and whether the committee overstepped its authority when adopting this particular motion. I will refer in detail to what the motion accomplished and how it fell outside of the mandate of the committee.

We raised a very similar point of order, if you will remember, around Bill C-45. That was the second omnibus bill that followed on Bill C-38. We had deep concerns about the fact that the Standing Committee on Finance, during its consideration of that massive omnibus bill, went beyond its mandate and usurped the authority of the House when it invited other standing committees to study particular sections of Bill C-45. On their own mandate they started to carve the bill up and send it out. It then allowed these committees that were studying the bill to move amendments and then saw it as if those amendments had been moved by members of the finance committee.

We argued at the time that this went beyond the mandate and the reference from the House, from you as the Speaker.

A similar argument could be made about Bill C-60. It was introduced on April 29.

On May 7, after the government used time allocation to shut down the debate once again on discussions at second reading, it ended with the passage of the following motion, which stated:

...that Bill C-60, An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, be read the second time and referred to [the Standing Committee on Finance].

Hansard on that day of May 7 specifically quotes you as saying:

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Finance.

It is pro forma and it is how bills are referred to the committee.

The committee acted outside of its powers and authority, those powers conferred on it by this House, when it adopted a motion on that very same day asking other committees to study sections of the bill, namely the standing committees on industry, science and technology; veterans affairs; human resources, skills and development; the status of persons with disabilities; citizenship and immigration; as well as foreign affairs and international development. That is where the government sought to parse out the bill.

It is very difficult to deal with omnibus legislation that is so obviously varied that it implicates so many different committees. The government has pushed, and I would argue broken the democratic limits of our legislature, by packing so much into these individual bills. In essence it is hiding from Canadians what its agenda is as these bills then come back to the House for one single vote on so many matters. This was something that the Conservatives concerned themselves with greatly when they were in opposition. You have heard me mention many of the quotes from the Prime Minister and various ministers in his cabinet on how much they disliked this tactic when the Liberals used it. It is now a tactic that the Conservatives seem to enjoy using with much relish.

Although I believe the Standing Committee on Finance went beyond its mandate to ask these five other committees to study the bill, this is not the principal concern that I want to raise with you today.

The committee went even further this time in going beyond its mandate, by adopting a motion to allow members of Parliament who are not members of a caucus represented on the committee to file amendments to the bill. It went further by directing that any amendments suggested to the committee would be deemed to be proposed during the clause-by-clause consideration on Bill C-60, even if the member who presented the amendment was not present.

Let us take a moment with this. Out of some seeking of convenience, the committee members passed the motion at their own discretion, not by any power given to them by the House, to allow amendments that came from people who do not sit on the committee, who are not recognized parties in the House. They allowed amendments to suddenly appear and be presented as if they came from somebody on committee. This goes against three fundamental principles that we hold dear in the House.

Only the House can appoint committee members. This is well known. It is done at the beginning of every session when we constitute our committees. No committee can self-appoint members. It has to come from an order in the House.

Only committee members who have been appointed by the House can move a motion. In order to move a motion, a member must be present at the time the motion is moved. We just dealt with a piece of private member's legislation before my point of order. A seconder was missing from her particular seat. The House properly waited until that member took her seat so that she was present. Motions cannot be moved if people are not here.

The rules of committee as established by the House specifically prescribe that members of a committee are designated by the House and cannot include members of a non-recognized party. This is a practice and a procedure we have used for many years. The rules established by the House also specifically prescribe that only a member of a committee can move a motion.

According to O'Brien and Bosc's House of Commons Procedure and Practice:

Only a member of the committee, or his or her designated substitute, may move an amendment or vote on an amendment.

Standing Order No. 119 stipulates that:

Any member of the House who is not a member of a standing, special or legislative committee, may, unless the House or the committee concerned otherwise orders, take part in the public proceedings of the committee, but may not vote or move any motion, nor be part of any quorum.

The O'Brien and Bosc text, on page 1019, states:

It is the House, and the House alone, that appoints the members and associate members of its committees, as well as the members who will represent it on joint committees.

The status of member of a committee is accorded to Members of the House of Commons who belong officially to that committee. This status allows them to participate fully in their committee's proceedings: members may move motions, vote and be counted for purposes of a quorum.

The Speaker has ruled that this is a fundamental right of the House. It cannot be taken away. A committee simply cannot move a motion to take such a power away from the House. I am quoting now:

The committees themselves have no powers at all in this regard.

I would like at this point to mention your ruling, Mr. Speaker, from last December. You will recall that at the time, we moved our point of order regarding the last omnibus bill, Bill C-45, specifically with respect to the role and rights of independent members in the context of report stage.

The government House leader argued that the current process by which independent members are not allowed to present motions at committee means that at report stage of bills, a single independent member has the ability, in his words, “to hold the House hostage in a voting marathon”, as if voting were somehow connected to a hostage-taking, by submitting numerous report stage amendments.

In response, Mr. Speaker, you suggested that members may try to find ways to accommodate independent members at committee in order to allow them to present motions. You said the following:

Were a satisfactory mechanism found that would afford independent members an opportunity to move motions to move bills in committee, the Chair has no doubt that its report stage selection process would adapt to the new reality.

I understand that the motion adopted for Bill C-60 at committee was somehow a response to this ruling and an attempt by the Conservative Party to cut short the proceedings at report stage. However, I believe that the Conservatives fundamentally misinterpreted your ruling to in fact allow independent members to move motions to amend bills at committees. The Conservatives should have, and must have, sought agreement of the House to allow the members to sit on that committee. That is a power they cannot take away simply by a motion at committee. Indeed, it is from the House that committees derive this power. Committees on their own do not have absolute powers.

While committees are often quoted as being masters of their own fate, I will cite from O'Brien and Bosc at page 1047:

The concept refers to the freedom committees normally have to organize their work as they see fit and the option they have of defining, on their own, certain rules of procedure that facilitate their proceedings.

A second quote, on page 1048 of O'Brien and Bosc, states:

These freedoms are not, however, total or absolute.... committees are creatures of the House. This means that they have no independent existence and are not permitted to take action unless they have been authorized/empowered to do so by the House.

A second quote on that same page states:

...committees are free to organize their proceedings as they see fit.... committees may adopt procedural rules to govern...but only to the extent the House does not prescribe anything specific.

Members of a committee, and only members of a committee, as well as associate members when they replace those members, are able to attend the committee and thus move a motion at committee.

O'Brien and Bosc further tells us that:

Standing Orders specifically exclude a non-member from voting, moving motions or being counted for purposes of quorum.

The rules also clearly state that a member must be present for the motion. This is a fact. We have never moved away from this fact or this rule or procedure. To suddenly invent a process by which a motion can be moved but the member may be absent contravenes the basic tenets of democracy and representation. We could suddenly have votes where people just call in and speak their intentions rather than be here themselves.

Where a notice of motion has been given, the Speaker will first ensure that the Member wishes to proceed with the moving of the motion. If the sponsor of a motion chooses not to proceed (either by not being present or by being present but declining to move the motion), then the motion is not proceeded with....

This has happened many times in the House. We have seen private member's bills that members chose not to move. They either made themselves absent from the House or they remained in their seats and the motion was not moved forward. Nobody else can do it on their behalf. No one can simply come in and say, “The member intended to be here, but is not. Please allow the member's private member's bill or motion to be considered”.

There is a precedent for a Speaker overruling a committee matter, because sometimes Speakers, often, and I think for good reason, have been loath to involve themselves in committee business.

I quote from O'Brien and Bosc, page 775:

Since a committee may appeal the decision of its Chair and reverse that decision, it may happen that a committee will report a bill with amendments that were initially ruled out of order by the Chair. The admissibility of those amendments, and of any other amendments made by a committee, may therefore be challenged on procedural grounds when the House resumes its consideration of the bill at report stage. The admissibility of the amendments is then determined by the Speaker of the House, whether in response to a point of order or on his or her own initiative.

Amendments were moved with no member present who was actually intent on moving that motion. People were made members of the committee, one assumes, by a motion the committee did not have the power to designate.

For the House to now consider, at report stage, Bill C-60, with these amendments in place, is strictly out of order. It is the proper role of the Speaker of the House to intervene to say that things were done improperly and have to be done right.

In 2007, a point of order was raised in the House dealing with the admissibility of three amendments contained in a bill at report stage from the Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities.

Speaker Milliken ruled two of the amendments out of order, finding that they imported into the bill concepts and terms not present in the bill and were therefore beyond the scope of the bill.

I quote from Speaker Milliken's ruling on February 27, 2007:

...the Speaker does not intervene on matters upon which committees are competent to take decisions. However, in cases where a committee has exceeded its authority, particularly in relation to bills, the Speaker has been called upon to deal with such matters after a report has been presented to the House.

That has happened here today.

In terms of amendments adopted by committees on bills, if they were judged to be inadmissible by the Speaker, those amendments would be struck from the bill as amended because the committee did not have the authority to adopt such provisions.

This means there exists a precedent for the Speaker rejecting amendments to a bill and the process by which it was there.

Mr. Speaker, I ask you to rule and review the motion adopted by the standing committee on May 7, 2013, as well as the proceedings that resulted from that motion, and that you rule to determine whether these proceedings were in order and whether the committee overstepped its authority when it adopted the motion.

The House of Commons and Parliament, and democracy in general, have suffered much abuse under this tactic and use of omnibus legislation. We have presented ourselves many times in defence of the institution and the right of members to speak and the people we represent to clearly understand the legislation the government is attempting to move.

The abuse of omnibus legislation has been a decision by the government. The difficulty it is having in the way amendments are moved and the process by which a bill goes through are of its own making, and it has only itself to blame.

A committee cannot take powers the House did not give it. Simply accepting motions from members who are not part of a committee and are not present to move the motion, contravenes the basic tenets of this place. The presence and acknowledged presence of a standing member of any of these committees is required—it is a basic, fundamental requirement—for a motion to proceed. These motions were considered improperly. We ask that you rule in this matter.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 12:50 p.m.
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NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, I am pleased to speak in the House in support of Bill C-48 at third reading.

This is a rather large bill that is more than 1,000 pages long. I just want to point out that Bill C-48 looks like a mammoth omnibus bill. It is a two- or three-inch-thick brick with more than 1,000 pages.

Last year, we had the mammoth Bill C-38. Then we had the mammoth Bill C-45. Now we have Bill C-48, which is extremely large and complex. What is more, the font is quite small. It is very hard to read and very complicated.

It makes many technical changes to the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, and other legislation. This topic may seem very technical and unappealing to many people, but these changes are often necessary and can have a significant impact on the Canadian economy. The majority of the measures proposed in this bill have already been in place for many years, but the bill makes them law.

Unfortunately, the massive size of this bill shows that there is still work to be done to convert similar technical changes into legislative measures in a timely fashion. Failure to update our tax code on a regular basis makes it hard for Canadians, business people in particular, to find any clarity in our tax system. We must also look at the growing complexity of tax law and focus on the need to simplify it over time.

The more complicated the system, the more flaws it contains, and the more room there is for loopholes. When that happens, then there are bound to people who will take advantage. That is why it is important to simplify everything.

On that subject, I would like to quote the 2012 pre-budget submission from the Certified General Accountants Association of Canada:

[We] strongly believe that the key to sustained economic recovery and enhanced economic growth lies in the government’s commitment to tax reform and red tape reduction.

CGA-Canada went on to make two recommendations. First, it recommended modernizing Canada's tax system to make it simple, transparent and more efficient. Second, it proposed implementing a “sunset provision” to prevent future legislative backlogs.

The government has been very slow to legislate technical amendments. In a report tabled about four years ago, in 2009, the Auditor General at the time, Sheila Fraser, pointed out that the Department of Finance Canada had a backlog of at least 400 technical amendments that had not been enacted. Here is what her report said:

No income tax technical bill has been passed since 2001.

It is now 2013. That means that two previous governments have been asleep at the switch, and for a considerable amount of time. Today's majority government has been in power for nearly a decade, yet an income tax technical bill has not been passed. What is it doing? We do not know.

Sheila Fraser's report goes on to say:

...the government has said that an annual technical bill of routine housekeeping amendments to the Act is desirable...

Yet we know that nothing has been introduced since 2001. They are not doing what the Auditor General suggested:

...an annual technical bill of routine housekeeping amendments...has not happened. As a result, the Department of Finance Canada has a backlog of at least 400 technical amendments that have not been enacted.... If proposed technical changes are not tabled regularly, the volume of amendments becomes difficult for taxpayers, tax practitioners, and parliamentarians to absorb when they are grouped into a large package.

At one point, people said that Beta videocassettes were the future. We no longer use videocassettes. We are making technological advances. The same thing applies to taxes. It is time for us to get up to date.

Obviously, the size of this bill and the long period of time that passed between the introduction of the previous technical bill and this one show that this process still needs improvement.

On another topic, the NDP thinks that we need to combat tax avoidance and tax evasion, while preserving the integrity of our tax system. That is why we support the changes that this bill makes, particularly those aimed at reducing tax avoidance.

However, we also believe that much more needs to be done to truly address the problem of tax evasion.

According to some estimates, the Canadian tax system is losing between $5.3 billion and $7.8 billion in revenue a year to tax evasion alone. The International Consortium of Investigative Journalists recently acquired a long list of individuals from all over the world who are holding billions of dollars in tax havens. According to the consortium, approximately 450 Canadians are on that list. We are not just making this up. We need to find out where all of this money is going.

What is more, according to the information that was recently published by Statistics Canada on foreign direct investments, Canadian investments in the top 12 tax havens worldwide exceeded $170 billion, which is equivalent to 10% of Canada's GDP.

It is true that the majority Conservative government is capable of losing track of $3 billion earmarked for public safety. As a result, it may have difficulty understanding what I am saying about tax evasion. I understand since the government has trouble implementing its own budget.

One of the main reasons why wealthy Canadians and large corporations want to put their money in tax havens is to simply avoid paying their fair share of taxes. That means billions of dollars in lost tax revenue for the federal government and fewer new jobs in Canada.

The government boasts that it has announced new investments to combat tax evasion, but unfortunately, this new money totals just one-quarter of the $113 million that this government has spent since 2009 to advertise its budgets.

Furthermore, the government has made some $250 million in cuts to the Canada Revenue Agency. These cuts led to the loss of about 3,000 jobs within that department.

The government is cutting the jobs of the people who are supposed to be working on combatting tax evasion. The Conservatives want to reduce the size of government—cut the red tape, as they say—but at what cost? They do not realize that sometimes we have to rely on the people who are able to help us. I do not think the Conservatives truly understand how important it is to combat tax evasion.

In spite of the government's lack of conviction, we believe that Bill C-48 will have a positive impact and will help discourage tax evasion.

In conclusion, the sheer size of this bill shows that the government must be more responsible in managing the tax system. More specifically, the government must ensure that it periodically passes legislation on proposed tax measures. Failure to do so creates uncertainty for business people, jurists and tax experts, and makes it nearly impossible for parliamentarians to do their jobs when they are faced with bills as big as the one we have today.

I must point out how important it is to focus on compliance to guarantee the integrity of the tax system.

The NDP believes that we must eliminate tax loopholes and work harder to combat tax havens. This government is tired and it is time for a change.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 11:50 a.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I would like to thank the member for Chambly—Borduas for agreeing to share his time with me. I am very grateful.

I am pleased to rise today to speak to Bill C-48, which is a step any government would need to take in order to update our Income Tax Act. It is a relatively complex law. To begin, I would like to point out that I am not a tax expert or an accountant. I did study the bill, which is about 950 pages long. I did not read the whole thing because, unfortunately, I ran out of time this morning. I do understand the broad strokes of the bill, however.

As a parliamentarian, I must say that it is always disappointing to be faced with bills of such scope. I would be surprised if a single one of my colleagues has read the entire 950 pages, one by one, and knows exactly what is in this bill, unless they happen to be one of the public servants who wrote it. It is always disappointing to see such massive bills, which no average person has the time to read or reflect on. We are asked to vote on these kinds of bills, as was the case for budget implementation Bills C-38 and C-45, which were 400 pages each.

They were mammoth bills, like today's. I must say that these are important and useful measures. They have their purpose, but it is important to mention that more frequent updating could have at least made things easier for MPs. We would not have had to read 950 pages today if tax laws had been updated more frequently over the past 10 years.

The most recent technical bill of this nature dates back to 2001, and it is now 2013. As a result, some things have been dragging on for over a decade and need to be changed for the better. This bill is not flawed, but before going into details, I wanted to point out that a bill of this size is problematic for MPs and prevents them from doing their job properly.

With a 950-page bill, we need to wonder whether the government has done a good job. Why did the government wait so many years to introduce it? Why not introduce it earlier? More frequent updates would have helped. That point was raised several times in committee. I did not have the opportunity to be there, but I read the transcript.

As the member for Sherbrooke, I agree with the principle of having a clearer system and more frequent updates to allow for more effective management, particularly for businesses and individuals who do their taxes each year and must comply with fairly complicated legislation. The Income Tax Act must be one of Canada's largest pieces of legislation at hundreds of pages long.

Of course, the NDP believes that we must fight tax avoidance and tax evasion while preserving the integrity of our tax system. That is why we support the changes proposed in this bill, for they are meant to address issues that allow tax avoidance. This is not a mammoth bill like the budget implementation bills, Bill C-38 and Bill C-45, but still, it is nearly 1,000 pages long. There is a difference though. This time, these are very technical measures that we supported and that we will support again at third reading.

These changes are important. I would like to talk about the major changes, so that the viewing public can understand what they mean.

Part 1 of the bill deals with offshore investment fund property and non-resident trusts in accordance with proposals announced in budget 2010 and August 2010. These measures will ensure the taxation of Canadian residents' worldwide income from all sources.

Part 1 will therefore update the legislation in order to guarantee the integrity of the tax system and prevent tax avoidance. Of course, the NDP supports this change in order to try to keep our tax system as clear as possible. The NDP also wants to make tax avoidance impossible in any way, shape or form.

We realize that the existing legislation has some loopholes that people can use to avoid paying part of their taxes or to evade taxes in other countries. This fight will never end. People will always try to find ways to get around the law. Unfortunately, that is just how society is; some people will always try to abuse the system. As legislators, we must ensure that these people are punished or amend the legislation so that these things never happen again.

Parts 2 and 3 of the bill deal with taxation of corporations with foreign affiliates.

Part 4 deals with something important that I wanted to address as well, and that is bijuralism, an important aspect of our Canadian legal system. In Quebec we have civil law and the rest of Canada has common law. These are two different types of law. Part 4 deals with this situation that can sometimes be unclear and cause confusion.

It is therefore important in the Canadian context that these legal systems be respected in our federal laws, laws that apply to the entire country. There are differences between civil law and common law when it comes to real property, personal property and joint and several liability. The bill addresses these issues and clarifies them for individuals and businesses that have to deal with these differences.

Most of the changes are based on the specific circumstances of people in industry. In their testimony, they made their case to the legislators and the government to have the changes made. As the member for Sherbrooke, I pay taxes every year like everyone else, but I cannot put myself in the shoes of those whose tax circumstances are different or who are part of a business, for example. It is therefore important to have their comments so that we, as legislators, can change things that are flawed. Obviously, nothing is perfect.

In closing, I take issue with the size of the bill and the fact that the government waited so long to introduce such a technical bill. I am in favour of having a clearer, more precise process that is used more frequently so that the necessary changes can be made more quickly with smaller bills that are easier for parliamentarians to understand.

May 28th, 2013 / 10:15 a.m.
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Liberal

Scott Brison Liberal Kings—Hants, NS

Just for clarification, the decision to reduce the CHT escalator in future years from 6% to the greater of 3% or GDP growth was implemented in Bill C-45, was it not?

Incorporation by Reference in Regulations ActGovernment Orders

May 23rd, 2013 / 9:30 p.m.
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Conservative

Dan Albas Conservative Okanagan—Coquihalla, BC

Mr. Speaker, I appreciate the member across the aisle for his speech. I would like just to go through a few points in it.

He did mention some of the changes that happened to Bill C-38 to amalgamate 41 different agencies into 3. Obviously, there were some changes there, and so I think some answers need to be forthcoming.

For example, he said the minister would be able to delegate authority to certain processes that had not been yet named. That is simply because we work with our provincial partners that have equivalency or may want to substitute certain environmental processes to ensure it gets done on a timely basis. Whoever has the most expertise, I think, should be in charge of that process, whether it be the federal government or the province. That is to be worked out.

However, if we look at labour and environmental health and safety, we work with the provinces all the time, and so when we harmonize these things, it would be better for business, better for Canadians—one set of rules.

Again, I have heard multiple references to amendments. People have said that we say we welcome amendments. I say we do.

However, here is the problem. The member for Kings—Hants, in Bill C-45, put 300 amendments forward, each one like 101 bottles of beer on the wall, such as asking for one day to be changed as to when the bill would then take effect.

I would like to hear from the member one amendment that is—

Extension of Sitting HoursGovernment Orders

May 22nd, 2013 / 7:45 p.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, the motion before us is rather bizarre. As many members have said before me, it is quite surprising that the government is using the excuse of urgency.

The government has imposed closure a record 33 times, as well as restrictions on the time allowed to study bills in committee. With Bill C-60, this same government gave notice of a time allocation motion after only one hour of debate. I did say only one hour of debate. This is the same government that introduced monster omnibus bills because it did not want the committees and parliamentarians to properly study their legislative proposals in good faith.

I am not afraid of hard work. I am a doctor by training and I am used to 12-hour and even 24-hour shifts. It is not pleasant, but you get used to it.

My colleagues and I have not hesitated to stand up to the government and to do our jobs, as was the case with legislation to force Canada Post employees back to work and regarding their working conditions. We stood our ground when necessary.

It is obvious that the Conservatives do not have any respect for democratic institutions. I just mentioned the 33 time allocation motions they have imposed since May 2, 2011. What a sorry record.

The omnibus bills, such as Bills C-38 and C-45, are perfect examples of this. The Conservatives have steamrolled their way through adopting measures that Canadians and parliamentarians did not have the chance to scrutinize.

As everyone knows, the appropriate committees were unable to properly study Bill C-38 because it was not split up. That is disrespectful. With Bill C-45, the Conservatives used a different approach in order to curry favour with the public.

However, I can speak from my experience with the Standing Committee on Health. What a joke. The committee's meeting on Bill C-45 started late because of yet another time allocation motion. We then heard from witnesses and had just one round of questions. It is clear to me that the government did not really want the committees to study the impact of the measures. It just wanted to look better without having to do better. That too shows a lack of respect for our democratic institutions.

I also think that what is happening in committee is not right. Many witnesses take the time to come here to speak to subjects or bills that are important to them. Most of the time, however, their contributions are ignored. It is as though the committees were a waste of time. In any event, the outcome is prepared in advance by the Prime Minister's Office and so are many of the Conservative members' statements.

Yesterday, the House Leader of the Official Opposition said that 99.3% of all amendments proposed by the opposition have been rejected by the government.

This implies that every single one of the bills the government introduces is practically perfect.

In 99.3% of the cases, the government outright rejected all of the testimony from witnesses and experts, all of the comments from the public and all of the amendments proposed during the study of the bill. That is simply impossible.

Based on what we heard from witnesses, and after studying some bills in the Standing Committee on Health, I know that some of these bills could have benefited from the proposed amendments.

The NDP is not afraid of work. The problem is that I am not sure the government wants to extend our hours in order to get more work done. It has not guaranteed that we will be here until the summer recess.

I belong to a party that has the word “democratic” in its name, and I take these issues very seriously. The people of Saint-Bruno—Saint-Hubert put their trust in me on May 2, 2011, and I am doing my best to represent them.

Canadians sent us here to ask the necessary questions and to implement the best policies and public practices. We think that the government should take action so that we can do our job properly. The Prime Minister is now playing the victim over what happened in the Senate with senators he himself appointed solely to raise money for the Conservative Party of Canada. The Prime Minister is now playing the victim and wondering how this could have happened.

How could his chief of staff give a $90,000 cheque to a senator the Prime Minister himself appointed? How could his chief of staff—who sat right next to him every single day, who knows the government's deepest, darkest secrets and who the Prime Minister put in charge of major trade files and negotiations with other countries—do that?

Of course, the Prime Minister's hands are clean, and he has nothing to say about this. He believes that his hands are so clean that he is not going to answer any questions about it. He is going to South America for trade talks with countries we already have trade deals with.

Parliament should become less irrelevant. We think it is wrong that it ever became irrelevant. When the government is wrong in its treatment and abuse of Canada's Parliament, that affects all Canadians, whatever their political persuasion. We think what the government is doing is fundamentally wrong and that it needs a little adult supervision from time to time to take some of those suggestions and put a little, as we say, water in its wine. The government needs that more than anything.

It has the majority. This is the irony of what the government is doing. In moving more time allocation than any government in history, shutting down debate more than any government in history and relying on the tactics it is using today, it is showing weakness, not strength.

The Conservatives have the numbers to move legislation through if they saw fit, but they do not. They move legislation, they say it is an agenda and they hold up a raft of bills.

Extension of Sitting HoursGovernment Orders

May 22nd, 2013 / 7:35 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, I will share my speaking time with my colleague, the member for Saint-Bruno—Saint-Hubert.

I have been given time to speak to this motion. Once again this week, the government is moving to extend our evening sitting hours significantly. It wants Parliament to sit until midnight.

We have to take a close look at this motion because similar motions in the past have often resulted in a shorter parliamentary calendar.

Since the beginning of this discussion, the Conservatives have continually surprised us with messages utterly at odds with what we are used to hearing.

Just like that, the government wants to extend the time we spend in the House. It claims this approach will enable members to debate bills on the order paper in detail and work hard for Canadians.

How ironic. After constantly curtailing debate ever since the last election, the government now says it wants to extend sitting hours to provide opportunities for debate.

Also ironic is the fact that the government has so much to say about democracy despite its unrelenting and unprecedented contempt for our parliamentary bodies.

Such principles were conspicuous by their absence when the government prorogued Parliament for purely partisan reasons, a move that was bad for Canadians.

Let us not forget that the Prime Minister had absolutely no compunction about letting dozens of bills die on the order paper when he wanted to save his government's hide. How can he say that he wants to let bills move through the normal legislative process when his political agenda has been given top priority in the current legislative cycle?

When a government constantly uses adjournment motions as a tactic to limit participation in and duration of debates, that is not democracy. It is exactly the opposite of what has been moved today.

May 8 was the 33rd time the government brought a vote on a time allocation motion that effectively limits the number of MPs who can speak to a given bill.

It sure looks like the Conservatives have been hell-bent on beating their own record for shutting down debate ever since the beginning of this Parliament.

How can the government say that it wants to promote free debate when it holds the record for cutting debate short? Are we supposed to believe that the government really wants to have it both ways?

Nor is it very democratic when the Prime Minister's Office muzzles its own members in their statements in the House.

Personally, neither I nor my colleagues in the official opposition have to get our speeches approved or adjusted to go with the soup of the day. We speak freely, without constraint from our party, but the government members cannot say the same.

How can the Conservatives stand here today and say that they defend democracy when they put gag orders on their own party's statements and speeches in the House?

Working for Canadians does not mean introducing three mammoth bills like Bills C-38, C-45 and C-60, and then watering down debate, limiting discussion and preventing parliamentarians from learning about what is happening in parliamentary committee, as is the case with a typical bill.

How can the Conservatives claim that they want to let the parliamentary process follow its course when they are the first to short-circuit it by forcing the vote on hundreds of measures without allowing representatives to do their work properly?

Never in the history of this country has a government shown such contempt for our institutions. That is why it is becoming difficult today to understand and believe the lines the Conservatives are trying to feed us.

You cannot on the one hand advocate for extending our sitting time to encourage debate, and on the other hand interfere constantly, as the Conservatives have done with complete impunity.

Therefore, we must question the motives behind the government's desire to extend the sitting hours.

If we look at what has happened in the past, we see that, in general, extending the sitting hours allows the party in power to make the parliamentary calendar shorter. Right now, the Conservatives clearly do not have enough credibility for us to believe their intentions and trust them.

We have to wonder whether the government simply wants to be forgotten as quickly as possible over the summer and to have people forget about all the problems that its wilful blindness caused with the temporary foreign worker program.

Yesterday, the government House leader said that he wanted to accelerate his government's economic measures. If he really cares about the economy, how could he let senators make such extravagant expenditures on the backs of taxpayers? The fact is that the government would rather shirk its responsibilities than face any challenges, answer the official opposition's questions and allow a real debate on issues that are of concern to Canadians. That is the real problem.

If the government wants to fully debate the bills on the order paper, then it should allow the House to sit until June 21, as set out on the calendar. The NDP is prepared to debate. The NDP is prepared to sit until June 21, as scheduled.

We have demonstrated our commitment and dedication to Parliament on numerous occasions. One of our members once even sat for 22 consecutive hours. When the government wanted to lock out Canada Post employees, we were there to debate and to stand up for Canadians.

Every day, we are here to stand up for the interests of Canadians. We routinely propose amendments in order move forward on bills that have sometimes been introduced over a year and a half ago, but these amendments are rejected by a government that wants to promote a political agenda rather than work for Canadians.

First and foremost, we oppose the government's motivations for wanting to impose extended sitting hours. Canadians will not be fooled. They understand the political game that the Conservatives are constantly playing. Canadians know that they cannot trust the Conservatives.

Extension of Sitting HoursGovernment Orders

May 21st, 2013 / 1 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I am not very happy about being here. However, I am here because we need to stand up to this government, which believes that Parliament exists only for its benefit and that it is just a place concerned with the government's problems and accountability.

It is almost as if a new party came into the House today, as we listen to the Conservative House leader speak. It certainly is not the party that moved prorogation and killed legislation time and again. This new Conservative Party is suddenly interested in not defeating legislation. It could not be the same Conservative Party that has shut down debate in the House of Commons more than any party in Canadian history. It could not be a member of the same party who was speaking here today, talking about opening up debate. The Conservatives have invented a new world for themselves that is fascinating.

I am reflecting on my friend from Langley, who sought to speak in this House on what they call an S. O. 31 statement, which happens just before question period. It is a statement that lasts for about a minute. Usually members of Parliament get up and make a statement about their ridings about some issue that is important to them. My friend from Langley, who sits in the Conservative Party, was a parliamentary secretary, I remember, for the Minister of the Environment, a chair, a well-respected member of Parliament, and a friend. He sought to stand up and speak to something he thought was important to his constituents.

It was the old Conservative Party that shut down that member of Parliament and every other one who tried to get up and speak, because this new Conservative Party talks about wanting people to speak in the House and wanting to have debate.

While it is refreshing to hear it, I do not believe it, and I do not think Canadians are going to believe that suddenly accountability and democracy have broken out within the Prime Minister's Office. It is the office of this particular Prime Minister who, rather than face any uncomfortable questions from the media or the official opposition members today, or for the rest of this week, has decided that going to South America to sit with other trading partners from other countries we already have established trade deals with to talk about trade deals that already exist is much more important than asking questions about the Senate.

It must be a new Conservative Party that suddenly has on its agenda a legislative directive that the members need to sit longer hours and work hard on something that might be quite topical today, something such as the reform of Canada's Senate, which has been long overdue and long called for by Canadians and New Democrats who said that the place was fundamentally broken. There is no accountability. Unelected and under investigation is the new Senate.

I remember the old Reform Party. You probably do as well, Mr. Speaker. It came in riding from the west, from my part of the world.

I see a member across the way, who was one of the founding members of the Reform Party, calling it a beautiful thing. While I disagreed fundamentally with many of its positions, certainly its social positions, there was something on which I could see some common ground. That was to make Parliament more accountable and to reform the Senate.

The current government has now been in power almost seven long years. Is that right? The time goes slowly. In those six or seven years, the Prime Minister made a promise as one of his fundamental commitments to Canadians. Commitments should be treated sacredly, I believe.

We all get up at elections. We have party platforms and promises we make to Canadians. If we win, that platform and those promises become our agenda. That is what we would seek to do in office. It is simple. One of his promises, one of his agendas, one of his reforms was on the Senate. When the Conservatives were in opposition, they would see those Liberal senators down there taking their money, not really representing anybody, going on trips and maybe even defrauding taxpayers. Who knows? The Reform movement came in and said it was wrong and anti-democratic.

For a party that decided to put “democratic” right in the middle of our name, we take these questions seriously. We feel that it is accountability to the people we on the orange team represent. In a sense, we are watching this Prime Minister now play victim to what is going on in the Senate with senators he appointed exclusively and explicitly to raise money for the Conservative Party of Canada. Now this same Prime Minister claims victimhood and wonders how this happened. How did his chief of staff, who sits to his immediate left every day and knows his deepest, darkest secrets, whom he put in charge of major trade files and negotiations with other countries, cut a $90,000 cheque to a senator he appointed? However, obviously, the Prime Minister's hands are clean, and he has nothing to say about this. He believes that his hands are so clean that he is not going to answer any questions about it. He is going to go to South America to be in trade talks with countries we already have trade deals with. That is the new Conservative Party, which is the old one, the same one that has forgotten its roots.

Dear Mr. Manning is still with us, so he is not spinning in his grave, but he is definitely spinning. He was asked recently whether the Conservatives have lost their principles. He said, no, they have maintained their priorities. It is an interesting dodge of a question. Mr. Speaker, you have been around politics a bit. You know when a question is put directly and someone answers it indirectly.

I find it incredible that we have before us a motion that continues to abuse Parliament. This motion is designed simply to restrict debate and demonstrate to members of the House of Commons that the only reason Parliament exists is so that the government can do what it wants.

I remember a comment made by the Minister of Aboriginal Affairs and Northern Development. When we were debating a time allocation motion, he said that their intention was not to put an end to debate or to censure it, but just to control Parliament.

It is incredible that a minister is admitting that the Conservatives just want to control the Parliament of Canada. It also reflects the Conservatives' esprit de corps. They want to control everything, not just the opposition and Parliament, but their members, as well as the media and the public.

The current vision of the Prime Minister and the government leaves the public with no choice and no voice. It is all about the kind of country that the Prime Minister wants to build.

We see a government moving this extraordinary thing, which will see, big deal, members of Parliament sitting until midnight.

New Democrats have been known, sometimes to our detriment, to be willing to force the calendar to the very last minute and sit all night, such as when the government moved anti-worker legislation against a very profitable Canada Post, which, I might add, in a parenthetical way, then lost money.

After the lockout by Canada Post, the government imposed wage contracts on those workers that were less than what the company was willing to offer. Then it said that it needed to shut down Canada Post offices around the country, as Canada Post was losing money because of the lockout it allowed them to do. The logic is inherently twisted on that side.

Remember the omnibus debates and the voting we had. I remember my friend from the Green Party moving a certain number of amendments to the bill, which forced the House to sit all night and vote, hour after hour. I remember some of my friends from Surrey who stayed in their seats for 22 hours.

No one has ever accused New Democrats of not being willing to come to work and work on behalf of our constituents. We may do some things wrong. We may sometimes fall short in some areas, but hard work has not ever been one of those things.

There is such irony in hearing a Conservative House leader who, with his Prime Minister, has prorogued Parliament, shut it down, and killed their government's own legislation time and time again, say to the Speaker that the problem is that they cannot get their legislation through.

It had been there for 12 months. After eight months, they killed it themselves and prorogued the House.

One prorogation was quite notable. The government looked to be in a bit of trouble. It was in a minority position. The world was entering into a very deep recession. The Minister of Finance, who claims to be the best in the world, ignored the recession and introduced what the Conservatives called an austerity budget at the very moment when the rest of the world, realizing that the economy was coming to a virtual standstill, was introducing budgets that did the opposite.

The finance genius we have sitting in the chair said, “Never mind what the rest of the world thinks about what is going on in the global economy; we know that Canada is not going into recession”, even as we were in the midst of a recession. He introduced an austerity budget to cut back billions in job creation, in grants and in all the things the Conservatives take credit for, such as unemployment insurance for a bunch of Canadians who were just being thrown out of work.

The opposition said that it was not a very good budget and suggested that we vote against that budget. The government panicked and prorogued. Canadians got a civil lesson in how Parliament works. They had never heard the word “prorogation” before. Then we got to learn.

The Prime Minister had to go to the Governor General. He sat there for a number of hours, perhaps being lectured about how undemocratic it was, when facing a non-confidence vote, to head down the road to the Queen's representative to ask for permission to shut it all down before he was thrown out of office. He was more worried about his job that day than about Canadians. That is for sure.

That is a government that killed its legislation in order to save itself, and did it time and time again.

Here is the trend that we worry about with today's motion. For a government that has broken the record by shutting down debate more times than any government in Canadian history, it has refused 99.3% of all the amendments that the opposition has brought to its legislation.

Let us look at that for a moment. The way a bill is supposed to work is it comes into the House and gets debated. There is a pro and con and the real coming together or clash of ideas to improve the legislation because no one is perfect. The drafters of legislation do not get it right. They are sometimes hundreds of pages long and very complicated. The House is meant to debate that. Then we send it to committee and hear from experts, not just members of Parliament who are not often experts in these areas, but people who work in the field. They are the social workers, the financial experts, the crime experts and the police. We hear those suggestions and write amendments based on those ideas. That is the way this place is supposed to work.

However, the government is saying that in 99.3% of those cases those experts are wrong and the government is right. It will not change a period, a comma, not a word in any of the legislation. Then lo and behold, time and time again, the legislation is challenged in the courts successfully. The legislation does not fix the problems identified and costs Canada and Canadians billions.

We all remember well Bill C-30, the Internet snooping bill that would allow the state to look in on the Internet searches and emails of Canadians without any warrant. The government decided in its vigour for its tough on crime agenda that it would pass a law that said that at any point, at any time, Canadians anywhere could have their BlackBerrys and iPhones tapped by the government, that web searches on home computers could be looked at by the government and the police. There is no country in the world, outside of Iran and North Korea, that would even consider doing this. The Conservative government thought it was a fantastic idea. In trying to argue the case, it said that if we were not into exposing our Internet searches and our emails then we must be in support of child pornography.

Has any more offensive or stupid an argument ever been made on the floor of the House of Commons? It is offensive to basic civil liberties and decency, to the role of members of Parliament trying to do our jobs and to the Canadians who said that they were not sure they wanted the government looking at their email?

I look at the member for Yukon right now. I do not know what he is searching and I do not want to know. It is his privacy to look on his computer and do as he sees fit. That is a civil liberty I am sure he defends as well, but not his government.

Bill C-10, the omnibus crime bill, was the flagship. The government rammed it all into one bill and said that it was such important legislation it would shut down debate on it too. Then whole sections of the bill were taken out. Why? It was because they were unconstitutional.

Now we know where that all comes from. Canadians actually pay for a service. Many members of Parliament may not know this, but when a government introduces a bill it goes to constitutional legal experts to determine if the new legislation goes against our constitution, our foundation as a country? If it does, it is a good idea to modify the law to ensure it does not get challenged in the courts, which costs upwards of $3 million to $5 million to taxpayers every time there is one of those challenges. The government did not check on Bill C-10. We know that because the people who work for the Government of Canada, who do this work, are no longer receiving references from the government.

The government is not even asking anymore. It is choosing ignorance. This is incredible. It is saying that it does not want to know whether the laws it writes are constitutional, whether the laws it writes as a government are for or against the Charter of Rights and Freedoms. This is incredible. This is not a mistake. It is by intention. Therefore, we have these lawyers sitting in their offices, being paid every day, waiting for the government to refer the bills it introduces here to ensure they can survive a constitutional challenge. The government does not ask anymore.

Bill C-38, the first omnibus bill and Bill C-45, the second omnibus bill, were both challenged in the courts as unconstitutional. First nations are challenging it. I need to address this because the government House leader mentioned two bills that are being moved, so-called, on behalf of first nations. They are Bill S-2 and Bill S-8. One is matrimonial property rights. It sounds pretty innocuous. Most Canadians would say that matrimonial property rights for first nations women on reserve maybe protects their rights. Who is opposed to it? It is not just us in the opposition, but aboriginal women, every first nation women's group in the country. My friend across the way shakes his head, but I can show him the testimony that says the bill is no good for aboriginal women.

However, the Conservatives know better. With their shameful record on aboriginal rights and title in the country, suddenly they know better than aboriginal women, than first nations women. Bill S-8 is a bill to help first nations have clean drinking water because the record has been shameful.

Government after government has failed first nations communities. Thirty-five per cent of the people I represent in northern British Columbia are in first nations communities. The water conditions there are incredibly bad. We have to do something about it. There are fixes and there are ideas coming from those communities.

Instead the government moves the bill, handing all responsibility down to first nations in terms of cleaning up their own water mess, but none of the resources to do it. Are first nations supportive of it? No. Nor would any municipality or any province in Canada be supportive of legislation that rams down responsibility without any of the support, money or help to get that done.

Most of these first nations communities are living in abject poverty. Where does the government think they are going to get the money from? The government will not settle treaty with them in the west. First nations are having mining, oil and gas exploration and pipelines put everywhere and are receiving none of the royalties, none of the compensation and the government will not move treaty forward.

I was just in Gitxsan territory, speaking with the Gitxsan and the Wet'suwet'en, talking about basic child services, kids who are being abused in their homes and setting up a program that the federal government said that we should enact 20 years ago to allow first nations more rights and responsibilities to rescue those kids and help them kids integrate back into their communities.

Who is not coming to the table? The Conservative government. This is the government that on Bill S-2 and Bill S-8 suddenly said that it had first nations rights and title and priorities at heart, when it did not.

The place can work. Members can sense a certain amount of frustration in my voice, because Parliament can work. It is actually designed to work. I love our system. It is so superior to many other systems I have studied around the world, that have consistent congressional gridlock on legislation and on budgets. We can make things happen here.

However, with the power that is afforded a majority government, which is a lot, comes a certain amount of responsibility to use the power wisely and not abuse it. Yet time and again we have seen the government House leader and other ministers get up and say that they are not looking to limit the debate; they just want to control it. They reject virtually 100% of all the amendments and all the changes and suggestions they hear at committee because they know better and they have the votes to push it forward.

It is at such a point that the control has extended deeply into the government's caucus. Some of the more socially conservative members of the Conservative caucus are no longer free to speak, or are only free to speak on certain things, in certain ways, if the Prime Minister's Office allows for it.

In a small program that we run in northern B.C., initiated a number of years ago, I hold a conference call with all the detachment commanders from all the RCMP outposts that exist in my riding. It is a very large riding facing a lot of tough, difficult situations with policing. Once every two or three months I get on the phone with 12 detachment commanders and we talk about what is going on. We talk about what is happening in crime, what the drug use is like, what legislation is moving through the House that will help or hinder these hard-working, hard-serving officers.

I am not allowed to have that conversation with these RCMP officers anymore. I am not supposed to talk to them. As a sitting member of Parliament, I am not supposed to go to them. A number of them have come to me because they are friends and we have known each other for years. They offer good, on-the-ground advice about what is happening.

They say that they are sorry, that they cannot talk to me. They tell me that I have to phone the Prime Minister's Office in order for them to talk to me about what is going on in Prince Rupert, or what is going on in Dease Lake or Bella Coola.

It is insane. This is wrong. Government officials at the Department of Fisheries and Oceans, who I have known for years and who I phone just for an update to see what is going on with our fish on the west coast, tell me that I am a member of Parliament from the opposition and that I need to phone the people in the Prime Minister's Office and that they will give me permission as to whether they can tell me what is going on in Canada's fishery.

This is not their government. This is not a Conservative government. This is Canada's government. We pay for these civil servants. We pay their salaries to do work on behalf of Canadians. Whether it is silencing scientists, shutting down access for members of Parliament to basic conversations, or shutting down debate in Parliament, the consistent voice from the government is that it will not be held to account.

This is bad. This is not just about the privilege all members of the House need to do their job. The government says there is some urgency, but there is not. There is no urgency when it comes to the government's mandate or agenda.

It is very strange for the government to say it is very open, when we see what is going on in the Senate.

We have senators like Duffy, Wallin and Brazeau. All current senators have potentially stolen money from Canadians. These are the same senators that the Prime Minister says are very good people. These are the same senators using money from the Canadian people to travel during an election and raise money for the Conservative Party. That is the new Conservative Party. I do not understand.

I remember the Reform Party of Canada and some reforms that Mr. Manning wanted to make. With the current party, it is the same story as with the Liberal Party and the Gomery commission and all the rest. I am both angry and sad.

The majority of Canadians did not vote for this government, which has a majority, but does not have the majority support of Canadians. Close to 60% of Canadians voted against this agenda, against this sort of arrogance. They voted not to have the kind of government that now uses brutal tactics, not against the New Democratic Party, but against Parliament.

Lastly, I think we need to have a referendum, which may not happen until the next election.

It bears some comment, not only with respect to the Senate scandal but even the motion today.

I watched the government House leader and the Prime Minister on television earlier. He actually allowed the media into his caucus room for a second, which was bizarre. The bully turns into the victim, that somehow this is put upon them, that they are somehow being victimized here.

What frustrates me is not just the work that we have to do as parliamentarians that is constantly thwarted by the government at committee stage, and my friend laughs, but how can it be possible that 99.3% of all amendments were rejected? The evidence is clear.

My friend can shake his head and laugh and treat this with disdain treat this with disdain or heckle out what seems to be a favourite tactic of some of my friends who cannot win the debate, but can simply sit in their seats and heckle, yell and try to put down a comment that hurts a little too much, that being that 99.3% of all amendments were rejected, that the witnesses were all wrong, that the government was always right and that the courts must be wrong too. Soon the Conservatives will call them activist courts like the Republicans do in the states. Members should watch for it because it is coming.

We believe this motion is fundamentally flawed in its abuse of this place and of all members. I do not speak just for the New Democrats or the folks down the way. I speak for the backbenchers who have been rubbing up against some of the limitations. What is sad about most of it and is most concerning is those who are not agitating against the Conservative government's control over its backbench and accepting it. I lament the most for those who are so comfortable reading the script from the Prime Minister's Office and repeating it like robots, feeling that is their work and whose expectations of what it is to be a member of Parliament are so diminished that they simply accept it, not those the media have called rebels who have stood up and stated that they want to have their own statement but the Prime Minister's Office has shut them down. They run under the blue banner, which is their choice.

I lament for those who seem so happy to get up and repeat the mindless dribble that is put to them by the Prime Minister's Office day after day. When they first ran for office, I wonder if they said that they wanted to be a member of Parliament to represent people and get to Parliament to speak with a strong voice of conviction on behalf of the people they represent and that in order to do they would read whatever was put in front of them by the Prime Minister's Office, written by a 24-year old intern who types out some sort of nonsense and makes up policies that the NDP does not have, making personal attacks on a regular basis as a substitute for honest and sincere debate? Was that really their expectation?

I wish I had some video evidence from some of those early debates because I know that is not what those members ran on. I know their nomination meetings did not look like that, nor did any of the debates they attended during the campaign. That is not what they said. They said that they would speak on behalf of their constituents, fight for them and still raise their voice, even if that meant it was contrary to what their government suggested.

I am sure that is what my friends across the way said. They are very nice people. I know a lot of these folks, as we have spent some time together. I know some of their inner thoughts about the way Parliament ought to be, and some of them lament it. However, it is the ones who do not who worry me. They are the ones who so comfortably slip into that straitjacket day after day. Maybe they just get used to it, but they are able to rationalize that there is some larger agenda that is more important than their having an independent and free voice.

They can keep yelling and you can allow them to if you wish, Mr. Speaker, but the truth often hurts, and the truth of the matter is that with a majority government, this member and his colleagues have chosen to vote for closure more than any government in Canadian history. With a majority, the Conservative government has refused the evidence, has refused the science time and time again, and that government is bad government.

The Conservative government appointed senators, and I am sure some fundraising went on for some of my friends. Maybe Ms. Wallin, Mr. Duffy or Mr. Brazeau came by and raised a few dollars, shook a few hands and got a few votes for my friends. Maybe there is a little bit of a tarnish on my colleagues, which is why they are calling out and why they are worried. It is because their base hates this. They hate the idea of entitlement and of an insider's game that goes on in Ottawa all the time, and that friends of the Prime Minister's Office get some sort of special treatment.

Talking about special treatment, how about a $90,000 personal cheque just cut off the back and handed over to somebody who may have defrauded taxpayers? Where is the Reform Party now? Where are the original Conservative intentions now? They are gone, bit by bit, eroded piece by piece. That is where it has gone, and it has all been subjugated to some idea that there is a better and bigger cause, that this grand scheme they are involved in somehow makes all of it justifiable.

Can you imagine, Mr. Speaker, what these guys would sound like if the roles were reversed? If it were a Liberal government with senators getting cheques from the Prime Minister's chief of staff or a New Democratic government acting the way the Conservatives act, could you imagine the hue and cry and the calls for resignations every second minute? They would be losing their minds.

Now the Conservatives play the victim, saying that these senators were put upon them, that they didn't know what they were doing, that it is terrible. They only have a majority, both here and there. The Prime Minister has appointed more senators than any Prime Minister in Canadian history. How many did he say he would appoint? None, but he had to appoint some, and then it had to be justified. These are small and slow slippages, and this motion is a continuation of that.

This motion says that Parliament matters less and that those Canadians who have grown cynical about the role of MPs are justified in their cynicism. We say that is wrong. How do we turn to the young voters coming up? How do we turn to people who come to us and say that they might want to run for office one day? How can we say that their voices will matter when the government moves motions like this time and time again, shutting down debate?

As my friend the Minister of Aboriginal Affairs and Northern Development said, the Conservatives do not want to shut down debate; they just want to control it. Is this is how one entices people into a life of politics? Is this how one encourages young people to vote? Do we say, “Welcome to Parliament, where we are going to control debate and shut it down time and time again”? This is the Conservatives' call to action.

It is not a call to action, but a call to inaction. It is a call to cynicism. It is calling to people, “Do not look over here; nothing is happening here in government. Go on with your lives and other things that are more important and distracting.” The government is counting on people to have an attention deficit rather than realize that the decisions we make here in Parliament every day affect Canadians in every way.

If members of Parliament cannot do their work, as this motion suggests, and hold the government to account, it is bad government. It is bad government when it cannot find $3 billion that may be under a mattress or in a banana stand or wherever it happens to be, and when senators rip off taxpayers with no consequence whatsoever. We think the RCMP might have a role to play here.

What would happen if any of the Canadians in our gallery today or watching on TV defrauded the Canadian government of $500? They would get charged. However, if it is a Conservative senator, what happens? Oh, they just recuse themselves from caucus. Wow. They still get paid, they still have all of their privileges, but they cannot go to caucus meetings on Wednesday mornings.

Mr. Speaker, do you think that maybe that punishment is a little severe? I mean, having to recuse oneself from a two-hour meeting on Wednesday morning for defrauding taxpayers—boy, that seems pretty harsh.

Why the double standard? We used to call that the culture of entitlement. I remember a colleague of mine in this place, Ed Broadbent, asking a former Liberal minister who became head of the mint and was claiming packets of gum and coffee on his receipts, “Are you entitled to your entitlements, sir?” This person took a moment of authenticity and said, “Yes, I am entitled to my entitlements.”

The Conservatives railed at the Liberal entitlement, the culture of entitlement, the Gomery inquiry and all those terrible things that went down.

History repeats itself if one is not a student of history, and it seems that the Conservative Party has not looked at the history of this place or of other parliaments.

The fact of the matter is that debate in and of itself is not a bad thing. The exchange of ideas is not in and of itself a bad thing. Being wrong from time to time is not of itself a bad thing; learning happens in those moments, and the government needs to learn, because I can read off the list of the bills it had so fundamentally wrong that it had to withdraw them. The Conservatives had to say that they got it so badly wrong because they listened to none of the amendments that they have to fix it now, at the very last minute, or wait until it gets to the Senate and let the unaccountable, unelected and under investigation senators deal with it. That is no form of democracy worth defending, and the Conservatives know it. They know it better than most.

I will move that the motion be amended by deleting all the words after “Fridays” and replacing them with the following: “(b) when oral questions are to be taken up pursuant”—

Extension of Sitting HoursGovernment Orders

May 21st, 2013 / 12:05 p.m.
See context

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I apologize for interrupting my colleague just at the beginning of his speech on the justification for the motion that he has just presented to the House, but we have a point of order that we need to raise because I think it establishes a couple of important things for you, as Speaker, to determine before we get into the context and the particulars of this motion.

Specifically, I will be citing Standing Order 13, which says:

Whenever the Speaker is of the opinion that a motion offered to the House is contrary to the rules and privileges of Parliament, the Speaker shall apprise the House thereof immediately, before putting the question thereon, and quote the Standing Order or authority applicable to the case.

This is the standing order that we cite, because we have looked at the motion the government has presented here today with some notice given last week.

This motion goes against the Standing Orders and certainly the spirit of Parliament. The government is not allowed to break the rules of Parliament that protect the rights of the minority, the opposition and all members of the House of Commons who have to do their jobs for the people they represent. This motion is very clearly contrary to the existing Standing Orders.

I have some good examples to illustrate this. In my opinion, there is no urgency that would justify the government's heavy-handed tactics to prevent members from holding a reasonable debate on its agenda. I say “agenda”, but for a long time now it has been difficult to pin down what this government's agenda is exactly. This is nothing new.

The motion comes to us today at a difficult time, but just because the government held a brief caucus meeting and is facing numerous problems and a few scandals, it is not justified in violating the Standing Orders of the House of Commons. No one would accept those excuses. There is no historical basis for the government to use the Standing Orders in this way. That does not work.

There are a few important things we need to point out. One is that it behooves us to have some explanation of what this motion actually does. For those of us who do not intimately follow the rules and history of Parliament, it can be quite confusing not in terms of the intention of what the government has read but certainly in the implications. It needs some translation, not French to English or English to French, but translation as to what it actually means for the House of Commons. That is why we believe a point of order exists for this motion.

The motion essentially would immediately begin something that would ordinarily begin in a couple of weeks, which is for the House to sit until midnight to review legislation. This is somewhat ironic from a government that has a bad history with respect to moving legislation correctly through the process and allowing us to do our work, which is what we are here to do on behalf of Canadians.

I am not alone in seeing that the government has shown the intention of having some urgency with respect to 23 bills, 14 of which have not even been introduced since the last election. Suddenly there is great urgency, when in fact it is the government that has set the agenda. The urgency is so great that it has to fundamentally change the rules of how we conduct ourselves in this place in response to an urgency that did not exist until this moment.

One has to question the need. Why the panic? Why now, and why over these pieces of legislation? Are they crucial to Canada's economic well-being? Is it to restore the social safety net that the government has brutalized over the last number of years? What is the panic and what is the urgency?

Context sets everything in politics, and the context that the government exists under right now is quite telling. Every time I have had to stand in this place raising points of order and countering the closure and time allocation motions that the government uses, I am often stating and citing that this is a new low standard for Parliament. I have thought at times that there was not much more it could do to this place to further erode the confidence of Canadians or further erode the opportunity for members of Parliament to speak, yet it has again invented something new, and here we are today debating that motion.

That is why we believe that Standing Order 13 needs to be called. It is because it is very clear that when a motion is moved that is contrary to the rules and privileges of Parliament—which is what I would underline, as it is the important part—the Speaker must involve himself or herself in the debate and ask that the debate no longer proceed.

The privileges of members of Parliament are not the privileges that are being talked about by our friends down the hall to falsely claim money that did not exist or privileges of limo rides and trips around the world. The privileges of Parliament that speak constitutionally to the need for Parliament are that members of Parliament have the opportunity to scrutinized and debate government bills.

Just before the riding week, we saw the government introduce another time allocation on a bill that had received exactly 60 minutes of debate. Somehow the Conservatives felt that had exhausted the conversation on a bill they had sat on for years, and suddenly the panic was on. We are seeing this pattern again and again with a government that is facing more scandal.

I was looking through the news today. Every morning I start my day with the news and we consider what we should ask the government in question period. There are some days when the focus can be difficult and one may not be sure what the most important issue of the day is. However, the challenge for us today as the official opposition is that, as there are so many scandals on so many fronts, how do we address them all within the short time we have during question period or in debate on bills.

I listened to my friend for Langley, who has been somewhat in the news of late on his attempt to speak on issues he felt were important to his constituents. We saw him move a new private member's bill today. He withdrew the former bill, and now he is moving one again. The New Democrats will support the bill going to committee for study because we think there are some options and availability for us to look at the legislation and do our job.

Whether it is muzzling of their own MPs and the Conservatives' attempt to muzzle all MPs in the House of Commons, or using private members' bills to avoid the scrutiny that is applied to government legislation, and one important piece of that scrutiny is the charter defence of the legislation and so, in a sense, the Conservatives are using the back door to get government legislation through and move their agenda in another way, or the omnibus legislation, which has received so much controversy in Canada as the government has increasingly abused the use of omnibus legislation, or the F-35 fiasco, or the recent Auditor General's report, or the former parliamentary budget officer who was under much abuse and the new Parliamentary Budget Officer who has asked for the same things he did, or infamously, prorogation, time and time again the pattern is the same. The government has complete disdain for the House.

Whether it be the scandals in the Senate, or the China FIPA accord, or the recent problems with the Prime Minister's former chief of staff, or the employment insurance scandals, or the $3 billion missing, or the 300,000 jobs that have not been replaced, the government keeps trying to avoid proper scrutiny out of embarrassment. However, the House of Commons exists for one thing and one thing alone, which is to hold the government to account.

The government will make some claims that the urgency right now is because there has not been enough progress on legislation. Therefore, the Conservatives have to hit the panic button and would have the House sit until midnight, which has consequences beyond just being a late night, and I will get into those consequences in a moment because they support our notion that it infringes upon the entitlements of members of Parliament to debate legislation properly.

The Conservatives' record shows, and this is not speculation or conspiracy, that when they ram legislation through, they more often than not get it wrong. That is not just expensive for the process of law making, but it is expensive for Canadians. These things often end up in court costing millions and millions of dollars and with victims of their own making. The scandal that exists in the Senate is absolutely one of their own making. The Prime Minister can point the finger where he likes, but he appointed those senators.

Specific to the point of order I am raising, this motion would lower the amount of scrutiny paid to legislation. It would allow the government extended sittings, which are coming in the second week of June anyway, as the Standing Orders currently exist, to allow the government to do that, but the Conservatives want to move the clock up and have more legislation rammed through the House.

Also, as you would know, Mr. Speaker, the order of our day includes concurrence reports from committee, which allow the House to debate something that happened in committee which can sometimes be very critical, and many are moved from all sides. However, they would not get started until midnight under the Conservatives' new rules. Therefore, we would study and give scrutiny on what happened at committee from midnight until two or three o'clock in the morning.

As well, emergency debates would not start until midnight. Just recently we had a debate, Mr. Speaker, that your office agreed to allow happen, which was quite important to those implicated. We were talking about peace and war and Canada's role in the world. It was a critical emergency debate that certainly went into the night. However, the idea is that we would take emergency debates that the Speaker's office and members of Parliament felt were important and start them at midnight and somehow they would be of the same quality as those started at seven o'clock in the evening.

The scrutiny of legislation has become much less important than the government moving its agenda through, which is an infringement on our privilege as members of Parliament. The Conservative's so-called urgency, their panic, is not a justification for overriding the privileges that members of Parliament hold dear.

As for progress, just recently we moved the nuclear terrorism bill through, Bill S-9.

We also had much debate but an improvement on Bill C-15, the military justice bill, to better serve our men and women in the Forces. The original drafting was bad. The Conservatives wanted to force it forward and we resisted. My friend from St. John's worked hard and got an amendment through that would help those in the military who found themselves in front of a tribunal.

We have the divorce in civil marriages act, which has been sitting and sitting. It would allow people in same-sex marriages to file for and seek divorce. All we have offered to the government is one vote and one speaker each. The government refuses to bring the bill forward and I suspect it is because it would require a vote. It is a shame when a government resists the idea that a vote would be a good thing for members of Parliament to declare their intentions on, certainly something as important as civil liberties and rights for gay men and women.

I mentioned earlier why, in the infringement of this privilege, it causes great harm and distress not just to Parliament but to the country.

I asked my team to pull up the list of bills that were so badly written that they had to be either withdrawn or completely rewritten at committee and even in the Senate which, God knows, is a terrible strategy for any legislation.

There was the infamous or famous Bill C-30, the Internet snooping bill, which the Minister of Public Safety said something to the effect that either people were with the government or they were with child pornographers, which may be an example of the worst framing in Canadian political history. There has probably been worse, but that was pretty bad. The Conservatives had to kill the bill.

We have also seen Bill C-10, Bill C-31, Bill C-38 and Bill C-42, all of these bills were so badly written that oftentimes the government had to amend them after having voted for them. After saying they were perfect and ramming them through, invoking closure and shutting down debate, the Conservatives got to committee and heard from people who actually understood the issue and realized the law they had written would be illegal and would not work or fix the problem that was identified, and so they had to rewrite it. That is the point of Parliament. That is the point of the work we do.

We have also seen bills that have been challenged at great expense before the courts. Former Bill C-2, the tackling violent crime act, with huge sections of the government's main anti-crime agenda, was challenged and defeated in court.

Bill C-38, arbitrarily eliminating backlog for skilled workers, was challenged and defeated.

Bill C-7, Senate term limits, was after years just now deferred to the Supreme Court. It is called “kicking it down the road”.

Also, there are Bill C-6, Bill C-33 and others, and there are those that are being crafted and debated right now that are going to have serious problems.

The essential thrust of our intention is in identifying the rules that govern us, and specifically Standing Order 13. The government has time and again talked about accountability before the Canadian people and talked about doing things better than its predecessors in the Liberal Party, the government that became so arrogant and so unaccountable to Canadians that the Conservatives threw it out of office. History repeats itself if one does not learn true lessons from history.

As I mentioned, Standing Order 27(1) already exists, and it allows the government to do exactly what we are talking about, but not starting until the last 10 sitting days. The Conservatives have said that there is so much on their so-called agenda that they have to do this early, allowing for less scrutiny, allowing for emergency debates to start at midnight, allowing for concurrence debates that come from committees to start at midnight and go until two, three or four o'clock in the morning.

This is contrary to the work of parliamentarians. If the Conservatives are in such a rush, why do they not negotiate? Why do they not actually come to the table and do what parliamentarians have done throughout time, which is offer the to and fro of any proper negotiation between reasonable people?

We have moved legislation forward. My friend across the way was moving an important motion commemorating war heroes. We worked with that member and other members to ensure the bill, which came from the Senate, made it through speedy passage.

Parliament can work if the Conservatives let it work, but it cannot work if they keep abusing it. Canadians continue to lose faith and trust in the vigour of our work and the ability to hold government to account. We see it time and again, and I am sure, Mr. Speaker, you have as well, in talking to constituents who say that they are not sure what goes on here anymore, that it just seems like government will not answer questions, that everyday they ask sincere and thoughtful questions and the Conservatives do not answer. Bills get shut down with motions of closure.

Let us look at the current government's record.

Thirty-three times, the Conservatives have moved allocation on legislation, an all-time high for any government in Canadian history. Through war and peace, through good and bad, no government has shut down debate in Parliaments more than the current one.

Ninety-nine point three per cent of all amendments moved by the opposition have been rejected by the government. Let us take a look at that stat for a moment. That suggests that virtually 100% of the time, the government has been perfectly right on the legislation it moves. All the testimony from witnesses and experts, comments from average Canadians, when moving amendments to the legislation before us, 99.3% of the time the government rejects it out of hand. It ends up in court. It ends up not doing what it was meant to do.

Ten Conservative MPs have never spoken to legislation at all. I will note one in particular. The Minister of Finance, who has not bothered to speak to his own bills, including the omnibus legislation, Bill C-38 and Bill C-45, which caused so much controversy. He did not bother to stand and justify his actions. I find it deplorable and it is not just me, Canadians as well, increasingly so.

This is my final argument. We cannot allow this abuse to continue. This pattern has consequences, not just for what happens here today or tomorrow, but in the days, weeks, months and years to come and the Parliaments to come. If we keep allowing for and not standing up in opposition to bad ideas and draconian measures, we in a sense condone them.

We say that Parliament should become less irrelevant. We think that is wrong. We think what the government is doing is fundamentally wrong. It is not right and left; it is right and wrong. When the government is wrong in its treatment and abuse of Canada's Parliament, that affects all Canadians, whatever their political persuasion. We built this place out of bricks and mortar to do one thing: to allow the voice of Canadians to be represented, to speak on behalf of those who did not have a voice and to hold the government of the day to account. Lord knows the government needs that more than anything. It needs a little adult supervision from time to time to take some of those suggestions and put a little, as we say, water in its wine.

It has the majority. This is the irony of what the government is doing. In moving more time allocation than any government in history and shutting down debate more than any government in history and using what it is today, it speaks to weakness not strength. The Conservatives have the numbers to move legislation through if they saw fit, but they do not. They move legislation, they say it is an agenda and they hold up a raft of bills.

Economic Action Plan 2013 Act, No. 1Government Orders

May 7th, 2013 / 4:15 p.m.
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NDP

Ruth Ellen Brosseau NDP Berthier—Maskinongé, QC

Mr. Speaker, I have the honour of rising in the House today to speak to Bill C-60 on behalf of my constituents in Berthier—Maskinongé, who are opposed to this new omnibus bill.

In my opinion, the short title of this bill, Economic Action Plan 2013 Act, No. 1, is not really appropriate.

After reading through this bill, I am once again disappointed to see that there is nothing in it that will bring about economic recovery or create jobs or make life more affordable for Canadians. On the contrary, the Conservatives have raised taxes on a number of consumer goods.

Budget 2013 is full of tax increases on hospital parking, safety deposit boxes, labour-sponsored investment funds, bicycles and baby buggies. These increases even affected hockey helmets, until my colleague from Sudbury pointed that out and the government had to cancel the increases on hockey helmets and sports equipment.

These tax increases will cost Canadians $8 billion over the next five years. This budget will not just raise the cost of living. It will also slow economic growth.

The Parliamentary Budget Officer analyzed the economic situation and the bills brought in by this government. She found that budget 2012, the 2012 update and budget 2013 will result in the loss of 67,000 jobs by 2017 and will cause a 0.57% decline in the GDP. I do not need to say that this is not a good thing for our country’s economic growth.

With wages stagnating, uncertain jobs and families heavily in debt, the Conservatives are proposing austerity measures that add to the cost of living for Canadian families and stifle economic growth.

This bill contains a number of complex measures that deserve to be considered and examined carefully. For the third time in their current term, however, the Conservatives are proposing to evade the oversight of parliamentarians and the public. I find this insulting on several levels. We are here to examine bills. When the government imposes gag orders, we cannot do our job.

This bill contains changes to the temporary foreign worker program. The Conservatives are proposing to close major loopholes by giving the department the last word when work permits or opinions about a permit application become a source of political embarrassment. That does not solve the main problem, which is the mismanagement of the temporary foreign worker program by the present government.

I have received many emails from the people of Berthier—Maskinongé criticizing the changes in Bill C-60 that enable the government to compel a crown corporation to have its negotiating mandate approved by the Treasury Board so that it can reach a collective agreement with a union, particularly in the case of the CBC.

The people of Berthier—Maskinongé do not want to see any politician exercise that kind of control over our national public broadcaster. The changes proposed in Bill C-60 constitute an all-out attack on the right to free collective bargaining in Canada.

The NDP opposes Bill C-60 based on its content, but also on the process used. With so little time to study of the bill, members cannot consider its consequences. Once again, the Conservatives are trying to keep Canadians in the dark, and it is Canadians who will ultimately pay the price.

Today I would like to focus on a few specific aspects of the bill. I have noticed a truly disturbing trend in this government's legislative program.

Several changes made recently show how little the Conservatives know about the need for a long-term strategy for our regions. I am thinking in particular of the elimination of the labour-sponsored funds tax credit, the employment insurance reform and the cuts to all services.

One important measure that has drawn my attention is the cancellation of the labour-sponsored funds tax credit in this last budget. The government has announced the phasing-out of the 15% tax credit it grants for shareholders of labour-sponsored funds.

This decision is a serious mistake and shows that the Conservatives understanding nothing about Quebec's economic model and the role these funds play in the province and, of course, in the economies of the rural regions.

Ninety per cent of the amounts that Ottawa wants to recover with this measure will come from Quebec savers and investors, since virtually all of these funds are in Quebec. This decision will mainly affect the middle class and its ability to save for retirement, in addition to depriving Quebec SMEs of significant support for their development.

Once again, the government has turned a deaf ear, just as it did on the employment insurance reform. On April 27, thousands of people from several Quebec regions demonstrated in downtown Montreal against the Conservative government's butchering of employment insurance.

This reform is a serious attack on the most vulnerable workers in our society, most of whom are women. It will also affect families and regions. Once again, despite the demonstration, the Conservatives are not listening to Canadians, and I find that truly sad and deplorable, particularly when I see families and workers trying hard to make ends meet.

This reform strikes a hard blow to the economic health of our regions. In my riding, thousands of people hold seasonal jobs. A large segment of the economy depends on seasonal work, including farming, tourism, construction and forestry. The list is long.

Employment insurance reform will have disastrous consequences for a number of regions. The Conservatives did not assess the impact of such a reform. They are refusing to listen to the protestors who are calling on the government to back down. I am also wondering what happened to their 2011 campaign slogan, “Our region in power”. I have the impression that their slogan should now be “The regions—who cares?”

Why not try to create real jobs and support local initiatives? In short, I am talking about this reform to remind the government that it is a real disaster. As if that were not enough, the government is adding insult to injury with the labour-supported funds.

Another important aspect of the bill is the elimination of the supplementary tax credit for credit unions. Our credit unions play a vital role in our rural communities. Last year, I had the honour of being on the Special Committee on Co-operatives, where my Conservative and Liberal colleagues and I heard testimony that shed light on the remarkable work co-operatives do in our communities.

Perhaps some members were more attentive than others, because I now see that the supplementary tax credit for co-operatives will be eliminated. That will seriously limit the ability of credit unions to compete with large banks, when what the banking sector needs is more competition.

Last year, the Conservatives put an end to the co-operative development initiative and made cuts to the rural secretariat. Now, it is the co-operatives' turn. Do the Conservatives not understand that these changes are going to hit our rural regions hard, both in Quebec and in the rest of the country?

Tabling a budget means making choices. The budget implementation bill shows that the Conservatives are choosing not to support families, workers or our young people. Last year, when we debated the budget 2012 implementation bills—Bills C-38 and C-45—many of my New Democrat colleagues, as well as economic analysts, warned us that we would not have time to understand everything the omnibus bills contained and that the long-term impact would be felt for years to come.

We are finding out the implications of those bills again today, and I am afraid the same thing will happen with Bill C-60. Our children will be the ones to feel the effects of the Conservatives' misguided policies, when they are longer be around to be accountable. I hope they will be willing to listen to our concerns and make the required changes.

Economic Action Plan 2013 Act, No. 1Government Orders

May 7th, 2013 / 1 p.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I listened closely to what the member opposite was saying. I must say that I am upset by this government's approach to things.

We know that this bill is not unlike last year's omnibus bills, C-38 and C-45. We know that the Parliamentary Secretary to the Minister of Finance tabled a notice of motion at the Standing Committee on Finance in order to give committee members just five meetings to complete consideration of Bill C-60 and to ensure that clause-by-clause review of the bill is completed by May 27, which is just eight sitting days after the time allocation motion forces passage of the bill at second reading.

Does the hon. member think that five committee meetings will allow enough time to study this bill properly?

Economic Action Plan 2013 Act, No. 1Government Orders

May 7th, 2013 / 11:35 a.m.
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Bloc

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

Mr. Speaker, I rise on behalf of the Bloc Québécois members to voice our views on the Conservatives' recent budget.

Although the federal government claimed it would negotiate pragmatic agreements with the Government of Quebec in good faith, instead it is directly attacking Quebec's unique approach with measures announced in budget 2013 and Bill C-60, the budget implementation bill.

I would like to ask the government what happened to negotiating in good faith. Where were the negotiations on the labour program that will deprive Quebec of millions of dollars? Where were the negotiations on abolishing the tax credit for labour-sponsored funds? Where were the negotiations on higher taxes for the Caisses populaires Desjardins, which will wipe out a portion of Quebec members' dividends? Where were the negotiations following the unanimous vote by the National Assembly to retain Quebec's jurisdiction over securities? Where were the negotiations after the National Assembly's unanimous vote to keep Quebec's approach to homelessness? Where were the negotiations following the unanimous vote by the National Assembly against changes to worker training? Where were negotiations following the unanimous vote by the National Assembly against changes to employment insurance? Where were negotiations when the federal government imposed, once again, the “Ottawa knows best” doctrine to the detriment of Quebec's organizations and Quebec's approach? Where were the negotiations with Quebec when the federal government decided to finance the Lower Churchill project? Where were the negotiations with Quebec following the recognition of the Quebec nation?

There are many eloquent examples of conflicts.

Let us talk about employment insurance. As hon. members will recall, previous budgets have chipped away at the very foundation of our social safety net: government services and the old age security program.

Budget implementation Bills C-38 and C-45 were also a direct attack on seasonal workers and the regional economy of some areas of Quebec.

To justify its employment insurance reform, which harshly penalizes the economy in regions like the Lower St. Lawrence and the Gaspé, the government claims that it is trying to connect unemployed workers to available jobs, but really, it is tearing up its labour market agreement with Quebec, which helps unemployed workers find jobs.

In the last couple of budgets, the federal government has been trying to centralize Canada's economic development at the expense of Quebec's land use strategies, the well-being of the people in the regions and regional economic development. The federal government is trying to gradually strip us of our dignity and our pride in our distinct identity.

With last year's budget, it was clear that the Prime Minister was continuing to build his version of Canada based on his values and interests. He proved that there was no room for Quebec to develop within that model. This year's budget is simply more of the same.

Budget 2013 is a direct attack on the way Quebec does things. As for labour market issues, Ottawa will take away millions of dollars from Quebec that helped the unemployed find jobs.

In its place, the federal government is pushing a program that will force employers and the Quebec government to provide more money if they want the federal government to contribute. In order to hand out cheques with the maple leaf on them, the federal government is ready to axe initiatives that are working well.

Ottawa also wants to bring in a new formula whereby the federal government, the provinces and employers would put in up to $5,000 each to train workers. Although worker training falls under provincial jurisdiction, the federal government is stubbornly forging ahead, to the detriment of our financial services industry. The Quebec Minister of Finance has also criticized this.

Now I would like to talk about labour-sponsored funds. The elimination of the labour-sponsored funds tax credit is another direct attack on Quebec and its workers.

In addition to impoverishing people who are trying to save for their retirement, the federal government is also going to deprive Quebec SMEs of a key economic lever. Labour-sponsored funds are an integral part of Quebec's economic organization, as demonstrated by the fact that $312 million of the $355 million Ottawa plans to take away from workers will be from Quebec.

The Chantier de l'économie sociale has strongly criticized the abolition of the federal tax credit for labour-sponsored venture capital corporations, such as the Fonds de solidarité FTQ and Fondaction CSN. Quebeckers, including unionized workers, use these funds as savings vehicles and commit to helping develop Quebec businesses, such as social economy businesses.

Bill C-60 again includes provisions on securities, as mentioned in the latest budget. The federal government is extending the mandate of the Canadian Securities Transition Office and still insists on creating a Canada-wide securities commission, despite clear decisions from the Quebec Court of Appeal and the Supreme Court.

In response to the federal government's budget, the Government of Quebec said, “Allowing the federal government to insinuate itself in securities regulation, which is within Québec’s exclusive jurisdiction, is out of the question.”

We have long known that Canada's Minister of Finance dreams of getting his hands on Quebec securities. Even after he was turned down by the Quebec National Assembly and the Supreme Court of Canada, the minister has not concealed his intentions to interfere in Quebec's key financial sector.

I would like to talk about homelessness and how the government does not respect Quebec's way of doing things. In its latest budget, the federal government said it supports the housing first approach, which could threaten community-based, universal homelessness initiatives that currently respond to very real needs in Quebec.

According to the Réseau Solidarité itinérance du Québec, all of the support services for some 50,000 people who are homeless or at risk of being homeless are in jeopardy as a result of the federal government's new policy. The federal government's actions on homelessness are worrisome. In addition to reducing funding, Ottawa wants to impose its housing first approach, which will force Quebec to sacrifice its expertise and the programs tailored to its needs. The National Assembly unanimously denounced Ottawa's attitude and asked that the homelessness strategy be redesigned according to the existing model and in compliance with Quebec's policies.

The Bloc Québécois thinks that the federal government's approach is unacceptable. It could severely hamper the work that people have done over the years on this issue. It would disregard the expertise that has been developed over time to reach the people in need most effectively. This is a direct attack on Quebec's way of doing things.

I would now like to talk about health transfers and social programs. Budget 2013 is one step closer to a $36 billion reduction in federal health transfers. It will have devastating consequences on Quebec's finances because it imposes new agreements for equalization, health transfers and social programs and withdraws money transferred to Quebec for worker training. This is essentially a slap in the face for Quebec. To achieve a zero deficit, the Conservatives, like the Liberals before them, are lobbing the deficit into Quebec's court. Budget 2013 ushers in fiscal imbalance once again.

For all these reasons, and many others, the Bloc Québécois will not support the next federal budget, a budget that is unfair to Quebec, takes aim at Quebec and takes away some of its fundamental powers.

May 7th, 2013 / 10:40 a.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Thank you, Mr. Chair.

First of all, I would just like to follow up on Ms. McLeod's comments. As we have the perfect right to do, we gave notice of a motion on this same topic that probably took about three and a half minutes to introduce. We are taking an additional 15 minutes or so to discuss a motion put forth by Ms. Glover on the same topic. So if she believes that my three minutes undermined the work of the committee, I'd like to hear her comments about the motion we're discussing right now.

On the substance of the motion, we have serious concerns about this. The motion put forward by Ms. Glover proposes that other committees be asked to study parts of this omnibus bill, Bill C-60, but it does not allow them to have the opportunity to amend the bill or to vote on those proposed amendments. In essence, they're calling witnesses in a bit of a void, whereas the finance committee will subsequently be asked to vote on clauses of the bill without actually having the benefit of the testimony that has been heard before all of these other committees.

We went through a very similar process with Bill C-45, and frankly, Mr. Chair, it was a sham. The committees did not have adequate time to be able to study the bill in detail. Some were not able to study it at all. Some were able to call officials and that was it. There were no recommendations that came forward from any of the committees that were looking at it, and then this committee was asked to debate and vote on this bill in totality, on a clause-by-clause basis, without having heard the testimony from all of these witnesses.

I also want to address the section of the motion, section (c), that asks members, any member, to submit their amendments to the committee, including members who have no caucuses, who are not normally represented on this committee. Without them being here and without other members having the opportunity to move these amendments, I question the validity of that process. It's not our normal procedure. Normally you have to be present and in your place to move an amendment. So I seek your judgment on this, Mr. Chair, in terms of this procedure, which is certainly unprecedented in my experience here.

Now, I understand the goal—I believe I understand the goal—which is to dissuade this process from being in the House of Commons and having extended voting in the House of Commons with all of the members. I guess what it could come down to is that the six members of the Conservative Party at the finance committee would therefore have the power to make decisions, rather than the 308 members in the House of Commons. That seems to me to undermine our normal procedure.

Those are some of the concerns we have about this motion, Mr. Chair.

Economic Action Plan 2013 Act, No. 1Government Orders

May 6th, 2013 / 5 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, we are going through a period in which the government appears to be circumventing the idea of building consensus in the country. It disregards the parliamentary tools at its disposal to assist it in building consensus. On the contrary, it constantly seeks to oppose. The government does not want to discuss. Once again, there is very little debate about a bill as important as Bill C-60, which will amend 59 laws. Previously, there was very little debate on Bills C-38 and C-45, which amended more than 70 laws.

The same thing happened to a number of bills introduced during the 41st Parliament, or ever since the Conservatives have held a majority. They do not want to take the time to listen to the public's concerns and needs. They disregard them. This is a highly ideological government, which does not listen to the people and has difficulty justifying itself.

We cannot continue this way. We absolutely need a government that listens, that responds to needs, that has a long-term vision and that can promote sustainable economic growth. The goal was not to introduce bills full of ad hoc measures, to turn back time in order to eliminate protections previously put in place or to deregulate industries to the point where the invisible hand of the market reigns supreme.

We have seen the consequences of this kind of thinking, which was at the root of the economic crisis of 2008. We do not want to see that happen again. We want something sustainable. We have no lessons to learn from the present government.

Economic Action Plan 2013 Act, No. 1Government Orders

May 6th, 2013 / 4:15 p.m.
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NDP

Nycole Turmel NDP Hull—Aylmer, QC

Mr. Speaker, drawing up a budget means making choices. In their 2013 budget, the Conservatives have chosen austerity. This government justifies its decision on the grounds that it wants to wipe out the deficit. All of us here in this House are in favour of wiping out the deficit. Nobody can argue with that, but it is all in the way you do it.

The Conservatives are proposing lean years for everyone in the hope that these cuts will return us to a balanced budget. We believe we must invest in our economy in order to wipe out the deficit. Our economy needs a little help. It needs investment to create jobs and growth. It definitely does not need utterly austere policies like those proposed by this government.

The IMF, the Parliamentary Budget Officer and many renowned economists have warned the government about the harmful effects of its strategy. The Parliamentary Budget Officer says the 2013 budget will eliminate thousands of jobs, cut direct program spending and slow GDP growth. That is not very encouraging, especially for a government that claims to champion employment and the economy.

With Bill C-60, the government is giving us version 3.0 of its omnibus bills. Like Bills C-38 and C-45, Bill C-60 amends nearly 50 acts and contains hundreds of unrelated legislative amendments.

As a parliamentarian, but especially as a citizen, I am shocked to see that this government has not adopted a more co-operative and democratic approach. Its bill is full of inconsistencies and counterproductive measures. However, the government is determined to force it down Canadians' throats without us really having the time to study it or propose improvements.

A very specific example of a counterproductive measure that will harm the economy of my region, the Outaouais, is the elimination of the 15% tax credit for shareholders of labour-sponsored funds. Labour-sponsored funds are essential to the development of Outaouais businesses. On May 2, the Gatineau chamber of commerce organized a press conference to announce its request that the government reverse its decision. The FTQ's Fonds de solidarité alone has invested $125 million in 80 businesses in the region. Those investments have made it possible to create or maintain 6,700 jobs in the Outaouais alone.

The hardest thing to understand in the Conservatives' attitude is that the government will achieve no savings by eliminating the tax credit.

A study conducted by SECOR in 2010 clearly shows that the economic impact of the jobs created and maintained through the investments of these labour-sponsored funds enable the government to recover the tax credits in an average period of three years.

So I ask myself the question and I put it to the government: what is the justification for this attack on labour-sponsored funds? These funds create and maintain employment in addition to playing a positive role in our economy.

Eliminating the tax credit will also have a direct impact on small investors. It has benefited some 23,000 people in the Outaouais alone.

By investing $5,000 in a labour-sponsored fund, a taxpayer can currently save up to $750 in federal income tax. Because of this government, 23,000 small investors in the Outaouais will lose a profitable savings vehicle for their retirement and for the economy. This government must open its eyes and reverse its decision.

I have looked through Bill C-60 at length and have found virtually nothing about the measures this government intends to take to combat poverty. In a developed country such as Canada, we would be wrong to believe that poverty is a marginal phenomenon. Poverty exists. It is very real. We see it on the ground, in our ridings. Many of us could describe numerous unfortunate examples of poverty.

Every month, 800,000 Canadians turn to food banks. A growing number of these 800,000 food bank users are working people. Despite earning an income, they cannot always afford to put food on the table. More and more workers are living in poverty, and this government’s policies are obviously to blame to some extent for this situation. This is unacceptable. Fighting poverty must be one of the government’s priorities.

In conclusion, I would like to comment briefly on this government’s repeated attacks on public servants. Last year, it announced that it was eliminating 19,200 jobs, while solemnly swearing that services would not be affected. We subsequently learned that in reality, 29,000 public servants would be losing their jobs and that services to the public would be directly affected.

The Conservatives enjoy depicting public servants as privileged, lazy individuals. That is part of their strategy. They want to pit private sector workers against public servants. We would all do well to close ranks in the face of this government’s attacks on workers in general.

The fact of the matter is that the average pension of a public servant upon retirement is $24,000 a year, or $18,500 for women and $28,000 for men. It is time to stop implying that public servants are rolling in money. Those who are doing very well are the Conservatives’ friends, those who are on the receiving end of favours and generous subsidies while they generate profits totalling millions and sometimes even billions of dollars.

I am thinking here, among other things, of oil companies that are still subsidized to tune of $1.3 billion a year and that often use our soil, our air and our water as a free dumping ground. Natural resource development is a major source of revenue, but development must be done properly. Right now, major polluters are enjoying a free lunch. Things could be done differently, but this government is failing when it comes to fighting for the middle class and for the environment.

As I said in my opening remarks, drawing up a budget means making choices. In budget 2013, the government clearly chose to turn its back on the middle class and on SMEs. Canadians will remember this when the time comes to elect a new government.