Bill C-21 (Historical)

Red Tape Reduction Act

An Act to control the administrative burden that regulations impose on businesses

This enactment enacts the Red Tape Reduction Act, which establishes controls on the amount of administrative burden that regulations impose on businesses.

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Okay. Thank you very much.

I will direct my next questions to Mr. van Raalte from the Treasury Board.

Thank you for being here.

In early 2015, the former government passed the Red Tape Reduction Act. In your opening statement, you mentioned the one-for-one law, which is to ensure that regulators remove one regulation for every new regulation. Is this something that is currently being enforced by the department?

[James van Raalte, Executive Director, Regulatory Policy and Cooperation Directorate, Regulatory Affairs Sector, Treasury Board Secretariat]

Thank you, Mr. Chair and members, for inviting me to join you today.

My remarks will focus on how Canada's federal regulatory policy and modernization agenda responds to the needs and concerns of Canadian small and medium-sized enterprises. I'd also like to share some of the key policy challenges we are seeing in this space.

The Government of Canada policy that sets out how regulatory departments and agencies must develop, manage and review federal regulations is called the “Cabinet Directive on Regulation”. The directive asks regulators to:

...consider the impact of proposed regulations...on small businesses to ensure that [they] do not unnecessarily bear a disproportionate burden when complying with regulations.

To determine whether there are impacts on small businesses, regulators must apply what we refer to as the small business lens. If there are impacts, they must explain how they were factored into the regulatory design, as well as any flexibility that responds to small businesses' needs within the regulation. Flexibility can come in the form of delaying implementation, offering exemptions, reducing reporting frequency, etc. We find that about 20% of the time, there are impacts on small businesses when departments come forward with new regulatory proposals.

There is also a rule within the federal regulatory system that controls the administrative burden on businesses, known as the one-for-one rule. Established in policy in 2012 and under the Red Tape Reduction Act in 2015, this rule requires that, for every new dollar of administrative burden imposed on businesses, a dollar must be removed. It also requires that for every new regulation that imposes a new administrative burden on businesses, a regulation must be repealed from the books. As of March 31, 2021, $60.5 million in net annualized reductions have been observed under the rule. There's also been a net reduction of 185 regulations.

Part of our role at TBS is to ensure that regulators are complying with these rules and to report annually on the application of the one-for-one rule. In addition, TBS leads the government's regulatory modernization effort to facilitate competitiveness, agility and innovation within the Canadian regulatory system and address inefficiency, while ensuring important protections for Canadians and the environment.

We have regulatory co-operation fora with the United States, the European Union and provinces and territories in order to reduce the regulatory differences across jurisdictions and remove barriers to trade. We lead thematic regulatory reviews to identify rules and practices that are creating bottlenecks to growth and innovation, and develop plans to address them. We host a centre for regulatory innovation that focuses on building capacity for regulators to design flexible regulations that enable new and innovative products to come to market. We have a regular TBS-sponsored legislative initiative that removes requirements that stand in the way of modernizing regulations.

In support of this agenda, a committee of stakeholders external to government advises the Treasury Board on ways to improve regulatory competitiveness in Canada and promote excellence, growth and innovation. The committee most recently recommended that the government take a practical approach to help regulators assess the impact of regulations on competitiveness. We commissioned the OECD to learn about what other countries are doing to understand these impacts. The OECD report was clear. Each country has its own approach, and there is no standardized way to measure regulatory competitiveness.

Following on this, we've taken our external advisory committee's approach and are consulting with stakeholders on a draft tool designed to be a practical self-assessment checklist to help unearth potential competitiveness impacts that are top of mind to Canadian businesses as regulatory proposals come forward.

The recommendations made by the external committee are consistent with what we have learned from the COVID-19 pandemic and by monitoring how our regulatory policy compares to other top countries, exposing key opportunities and challenges.

First, while we rank third in the OECD, stakeholder engagement isn't working for everyone. Modernization requires more frequent and meaningful consultation with stakeholders. However, we are hearing that many stakeholders are experiencing consultation fatigue and lack the capacity, knowledge and resources necessary to contribute effectively. This challenge also contributes to a lack of diverse representation.

Second, businesses are concerned with the impact of the cumulative regulatory burden on competitiveness. This issue is significant, yet complex. It implicates the federal government, provinces, municipalities and international regulations. There are no recognized ways to objectively measure cumulative burden or to compare it across jurisdictions. There's a real need for better regulatory data to help search for, identify and address this cumulative burden efficiently.

Third, regulators could make better use of digital solutions and embrace user-centred approaches to improve service delivery. Simply put, being responsive to Canadians demands new ways of working with a focus on digitalization.

Fourth, while the one-for-one rule controls the creation of new burdens, the burden that lies in existing regulations is not getting enough attention. Canada ranks sixth place in the OECD's regulatory policy ranking on post-implementation review, a fact that reinforces the need to improve the way we examine the existing regulatory stock to ensure it is relevant and performing as intended.

Finally, while there is greater demand for agility in regulation, for example, by incorporating standards by reference, stakeholders also require predictable regulatory regimes in which to operate, and there is a tension in finding the right balance between these opposing objectives, agility and predictability.

As we look to address these challenges, I welcome the insights this committee can offer about ways the regulatory system can be more responsive to small and medium-sized enterprises, and support regulatory efficiency and competitiveness more broadly while maintaining Canada's high standards for health, safety, security and environmental stewardship.

I would be pleased to expand upon these points I've raised and to answer your questions, Mr. Chair.

[Dan Albas]

Bill C-21 was the Red Tape Reduction Act in the last parliament. Obviously, I strongly supported that bill.

There is a difference, though, between what Mr. Masse was referring to, in terms of regulations, and administrative compliance. The way the Red Tape Reduction Act works, at least at the federal level, is that it actually will find out how much time and energy....

For example, if it takes x amount of time by a professional to submit paperwork, it monetizes it, rather than using a straight-up one-for one substitution, whereby we would say, “Here's one new piece of paper on the books; we need to take one piece of paper out.”

Ms. Jones, can you explain whether there's a difference between British Columbia's system and the federal system, and also the American system? I'd like to hear what your views are and which one is the most desirable and effective. I imagine that two-for-one sounds better than one-for-one, but if it's simply a case that we'll shrink the font size and say we've reduced the red tape provisions, I don't think it's what business owners are looking for.

Opposition Motion—Government Advertising

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, it goes back to just last year when the hon. member for Pontiac showed great interest in how the government would advertise Bill C-21, the red tape reduction act. He said:

I'm wondering if there has been or if there will be outreach done that explains this to the mom-and-pop shop that's doing great work with 25 employees or fewer. How are we going to tell them how it affects them?

There is no difference in the question he has asked right now. We are passing information on to Canadians about important issues, and it is a message that has to be passed on.

Red Tape Reduction Act

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker I also have the pleasure of speaking to Bill C-21, which addresses the administrative and financial burden imposed on our small and medium-sized businesses. This is quite clearly a matter that affects all of us, because we all have such businesses in our communities.

In my constituency of Chambly—Borduas, I belong to two chambers of commerce and industry: the Chambre de commerce et d'industrie du bassin de Chambly, and the Chambre de commerce et de l'industrie de la Vallée-du-Richelieu. The latter is an example of one of the newest and fastest-growing chambers of commerce in Quebec, and indicates what a strong upswing we are currently enjoying.

With respect to the Chambly chamber of commerce, we also know that with assistance from the Quartier Dix30 centre, good work is being done to promote the services available in the regions and municipalities in the Chambly basin.

When you talk to these people, you can be sure that they will all tell you the same thing, regardless of where they come from, their riding or the circumstances on the ground. They all want us to reduce the tax burden and cut red tape. If we are going to do that, however, we have to do it right. When I talk about doing it right, the example that comes to mind does not involve small and medium-sized businesses, but it says a lot about the approach taken by the Conservatives. I am referring to the report of the parliamentary budget officer of the time, which talked about cuts the Conservatives had made. They said they had to reduce the size and cost of government. They talked about austerity, and so on. We realized, and the parliamentary budget officer demonstrated this, that because of these cuts, we reduced services to citizens but did not really reduce the size of government, improve its efficiency, or actually reduce costs all that much.

When we consider this example, we realize that we all want the same thing. We all want to reduce an unnecessary burden. At the same time, however, it has to be done in an intelligent and effective way. We supported Bill C-21 at second reading and it went to committee. Some 12 amendments were proposed, but none was accepted. The very purpose of those amendments was to make our approach more coherent.

As my colleague from Argenteuil—Papineau—Mirabel so rightly put it, regulation in itself is not a bad thing. We just need regulation that is intelligent. For example, when we talk about the safety of a company’s employees, the safety of Canadians, health, protection of the environment and all such matters, these are things we want to improve, things that must be in place and must be properly managed and regulated. However, at the same time, we have to find ways of reducing the tax burden.

The problem with Bill C-21 is not only that there is no oversight of those issues, but also that the bill gives the president of the Treasury Board too many discretionary powers. From what we have seen, the current President of the Treasury Board is incapable of making good decisions that effectively reduce the existing burden of our small and medium-sized businesses.

In terms of reducing the tax burden, it is important to raise a number of points to confirm and explain the NDP's approach to this issue. I had an opportunity to raise these points with the Chambre de commerce et d'industrie du bassin de Chambly. About 100 people attended a conference that I offered to the entrepreneurs of part of my riding to explain our approach. First and foremost, this approach involves reducing taxes for small and medium-sized businesses. We often talk about this, and it is extremely important.

The example that proves that we can walk the talk is Manitoba. After five majority NDP governments, the tax rate for small and medium-sized businesses is 0%. That speaks volumes about our approach. We realize that they are the economic driver of our communities. We must legislate or not legislate—or, in this case, impose or not impose legislation—accordingly.

The other issue is the hiring tax credit. This measure was introduced by this government, but unfortunately it was cut in the last budget. We wanted to see a new and improved version of it. We even used it as a basis for a proposal that I had the chance to make a little over a year ago with my colleague from Parkdale—High Park. We proposed a similar tax credit that also applied to the hiring of young people. After all, there is a problem not just with youth unemployment, but also with youth underemployment.

A Statistics Canada report indicated last year that an increasing number of well-educated young people are struggling to find work that matches their qualifications and talents. We proposed providing a tax credit to SMEs to create new jobs, not just replace their employees with younger workers.

The credit sought to encourage growing businesses to hire and train young workers, who would become contributing members of our communities and our economy for the future. This is just as important for the SMEs as it is for everyone in our communities.

After all, we can see a domino effect among young people. When families of consumers settle outside urban centres, that leads to new businesses and new schools in the area and to all sorts of positive effects that contribute to our communities. I have seen this in my constituency, which has some of the fastest-growing municipalities in Quebec. There are growing numbers of young families where I live.

We are not just talking about a tax credit to reduce the tax and administrative burden on small and medium-sized businesses; we are also talking about the notorious credit card fees. We talk about that all the time. The Conservative government is happy to rely on a voluntary code of conduct for these companies, which means that we have to rely on the good faith of these companies. That very rarely translates into concrete results.

The measures the NDP is proposing are the result of consultations with the small and medium-sized businesses that come to see us in our constituencies and in Ottawa. They come to see the NDP members and the members from all the other parties to tell us that this code of conduct is not working.

This is a concrete way of minimizing the burden that would not require major changes and that the government could implement very quickly. It would put substantial shares of profits into the pockets of small and medium-sized business, which in turn would contribute to job creation and economic growth in our regions and our communities.

There is also the question of the different employment insurance schemes. Here again, we saw a ridiculous proposal from the government. It proposed astronomical spending to create very few jobs, while at the same time dipping into the employment insurance fund to finance this measure, as the Liberals did before the Conservatives.

The employment insurance fund belongs to the employees and employers. Spending those funds in such a cavalier manner for the sake of good headlines on the eve of an election is not a very intelligent approach. They tell us that this bill is a step in the right direction, when all it does is give more powers to the President of the Treasury Board.

I will repeat what some of my colleagues have already said. We can no longer trust in the Conservatives’ approach. We have a plan for small and medium-sized businesses. When I interact with entrepreneurs, because I participate regularly in the activities of the chambers of commerce in my constituency, they tell me that they fully support that approach. We are going to continue to fight for it in the House.

We cannot support an approach that so far has not worked and has not produced the desired results. That is why we put forward our proposals.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, before I begin, I would like to let you know that I will be sharing my time with the member for Chambly—Borduas.

I am pleased to rise to speak to Bill C-21 because this gives me an opportunity to talk about how important small businesses are to me and my riding and about why we should support them.

Specialized industries and big businesses should not be the only beneficiaries of our desire to support our economy. We need to recognize that small businesses are central to our economy. I will explain why. Small businesses are one of our biggest drivers of economic growth. We have to help them thrive. Small businesses already account for nearly half of Canada's GDP, and they are responsible for close to 60% of all jobs in Canada as well as 75% of net new jobs. When the economy is in a downturn and fewer jobs are being created as we lose big companies, small businesses are the ones making a difference and creating jobs, especially in rural and remote areas. As a result, they are very important and create 75% of net new jobs.

We in the NDP believe that SMEs should be a priority for any federal government, because they directly support job creation. That is why we proposed reducing the small-business tax rate from 11% to 9% during the last federal election. That measure directly targeted SMEs. We also proposed other simple, concrete measures to help SMEs. For instance, we proposed expanding the hiring tax credit for small businesses. The Conservatives cancelled it in 2014, which was really sad to see, because it meant taking away a tax credit that created jobs and helped people enter the workforce. There are 1.3 million unemployed Canadians. Eliminating this kind of hiring credit that created jobs was a move in the wrong direction. At the same time, in the most recent budget, the Conservatives spent $500 million to implement measures that, according to the Parliamentary Budget Officer, will create only about 800 jobs. Clearly, that is not a good investment.

Furthermore, youth unemployment is very high. It is actually double the national average. We need to take a closer look at that in order to reverse that trend. Everyone knows that our youth are Canada's future. As parliamentarians, we have to invest in their future. That is why we proposed a tax credit worth up to $2,000 for hiring young people, in order to help businesses train young people aged 18 to 25 and provide them with good jobs.

In addition to all of that, as part of our campaign to make life more affordable, we proposed ways to reduce operating costs for our retailers and merchants, by directly tackling the anti-competitive credit card fees imposed by credit card companies. The Conservatives introduced a voluntary code of conduct recently, but that is not enough to reduce credit card transaction fees. We in the NDP are concerned about the excessive fees that businesses have to pay, since they can amount to 1, 2 or 3% of sales.

The exorbitant fees charged by credit card companies do not help our communities. That is money that comes directly out of our communities and will not be reinvested. A ceiling needs to be imposed to make these fees more equitable for the companies, but especially for our merchants. That would be fairer to the families who are trying to make ends meet.

These proposals truly support the entrepreneurs in my region whether they have just started their company or have been in business for decades. I travel around my riding and talk about these proposals, which are very well received by the Vallée de la Petite-Nation chamber of commerce and the chamber of commerce and industry of Deux-Montagnes, Saint-Eustache, Sainte-Marthe-sur-le-Lac, Mirabel and Argenteuil. These proposals will directly affect business owners in my riding.

In a riding like mine, a big part of the economy is based on agriculture and agri-food, and most of the business owners work in that field as well. These farmers are at the heart of our rural areas and a job creation strategy in the rural areas and small communities. I wanted to point that out because we have to think beyond taxes and red tape. We also have to think about what we can do to encourage and support our farmers.

The bill before us, Bill C-21, An Act to control the administrative burden that regulations impose on businesses, is meant to reduce red tape for businesses. The Conservatives are proposing to do that by giving more power to the Treasury Board. That is where they start to take away the SMEs' power to create jobs.

We still want to find ways to reduce the administrative burden on SMEs and allow them to focus on what they do best, namely growing their business and creating jobs. However, the NDP wants to prevent the government from eliminating rules regarding health, food safety, transportation safety, management systems and the environment. It is not unreasonable to ask the government to protect the environment, workers and our food.

We are concerned that the measures introduced to concentrate power in the Treasury Board are not steps in the right direction. We do not trust that the Conservatives will do a good job. In closing, I will provide two examples.

First, in the October 2013 budget implementation bill, Bill C-4, the Conservatives made changes to the Canada Labour Code in order to gut the powers of health and safety officers in federal workplaces. They are directly compromising Canadians' health and safety.

Second, they do not necessarily want to reduce red tape because they increased the paper burden with the building Canada fund. We do not know how they can be trusted. When they have the opportunity to take occupational health and safety seriously, they do not do so, and when they say that they want to reduce red tape, they make more for our municipalities, which also create jobs.

For all those reasons, I cannot support this bill.

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, the subject today affects many more businesses across Canada than we might think.

I am simply going to take the example of the manufacturing sector, which plays a key role in Canada. It once accounted for 65%, but it is now 50%; it is declining somewhat. In that segment, we find not just companies with 500 or more employees. From one end of my riding to the other, there are companies with five or 15 or 50 employees. These manufacturing entrepreneurs need an appropriate operating framework. They have enough competition at the international level. Today, no sector of economic activity, whether in Canada or elsewhere on the planet, can be exclusive to one region, one riding or one country any longer. Everything is global these days. You produce something, a natural resource, and it can be processed or manufactured anywhere on the planet.

I am talking about the manufacturing sector, but there are other sectors such as agriculture or retail, which now has to adjust to e-commerce. What is needed is a genuinely flexible framework. Bureaucracy and red tape, as it is called today, are certainly part of operating a business. However, I have sometimes had businessmen or businesswomen tell me that they had to spend one day a week doing nothing but administration. They had to fill out reports: one for the environment, another for workers’ compensation, because there is also bureaucracy at the provincial level. Put it all together and it adds up to a lot. People have to be able to operate their businesses in a sound environment and, most importantly, a competitive environment.

Bill C-21, An Act to control the administrative burden that regulations impose on businesses, is intended as a response from this Conservative government to the Canadians and the small and medium-sized businesses that have often voiced their concerns about the expanding administrative burden that regulations impose on the cost of doing business in Canada. If we want to prosper, we must really have an attractive framework.

The government therefore wants to institute the one-for-one rule. As my colleague said earlier, plus one minus one equals zero. You do not have to be very good at mathematics to understand that calculation: 1 - 1 = 0. However, the one-for-one rule must not interfere with public health or safety. There is an environmental framework and a framework for public health and safety. It applies mainly to employees but can also relate to the cleanliness of food processing. This must all be as transparent as possible.

Once again, they are going to give a minister, Mr. Gazebo, some latitude, rely on his judgment, and trust him to reduce administrative burdens and make decisions about this subject. I am sorry, but the Conservatives and Liberals really do not have a good track record in this regard, particularly when it comes to regulations that protect Canadians’ health and safety. I stress this again. We have seen very clearly the disastrous consequences for the environment and public safety that deregulation has had for the Canadian public in recent years.

Regulations that are in the public interest should be retained, of course. What needs to be done is to closely monitor the aggravating factors and the factors that are mitigating and user-friendly for businesses and business owners.

Bill C-21 seems to disregard that obligation. We would have liked to have assurances that deregulation will not apply to regulations that affect health and safety and, most importantly, the environment.

If the Conservatives really wanted to help small businesses, they would have supported the NDP’s proposal to create an ombudsman position to deal with issues such as the excessive credit card fees that the big banks unfairly charge merchants. This is an ineffective injustice that my colleague fromMontmagny—L'Islet—Kamouraska—Rivière-du-Loup has been battling vehemently since he first came to the House.

Small and medium-sized businesses create most of the new jobs in Quebec and Canada, not only in the major centres, but also outside the urban areas. In addition, small businesses make those regions thrive. Unfortunately, small businesses and the regions outside urban areas get very little attention from this Conservative government. The Prime Minister and his key ministers have completely ignored them at the expense of big businesses, the ones that have been given billions of dollars in tax cuts. We see what happens when you favour a single sector of economic activity, with the price of oil falling. The Conservatives find themselves in a precarious position, making it up as they go. They are no longer even capable of producing a budget in real time, something that is essential to help Canadian business owners across the country.

I talked about the fiscal and administrative environments as well as the actual environment. When someone operates a business, we want them to do so in a way that respects the environment. Of course, the government also deregulated that. It said it would let project proponents self-regulate. Canada is one of the only countries in the world that lets everyone do almost whatever they want, wherever they want, whenever they want. Furthermore, the provinces have tried to protect themselves when it comes to natural resources, just in case the federal government is unable to impose an environment that is not highly regulated, but that people respect.

Thinking clearly about what is happening also means having a healthy, clear and successful framework. I am thinking of future generations. That is what is so aggravating about this. Future generations do not have an environment in which they will be able to develop our natural resources without polluting. If you add this to our changing demographics and our aging population, it is going to be a disaster. We were talking earlier about renewing our workforce. Businesses have a real challenge on their hands. The workforce, the next generation, the men and women who want to be part of this prosperous Canada should have the opportunity to do so, and they should be able to run businesses even in areas where crops cannot be grown as they once were here in Canada. There are areas where climate change is preventing people from farming the same way they did in the past.

The regulatory framework in which most businesses in Canada will operate is made up of nearly 2,500 regulations spread over more than 15 departments. These cover everything from agricultural businesses to R and D companies researching the energy of the future. Business people across Canada need to dedicate a huge amount of time, money and consultation to complying with these regulations.

At present, red tape is preventing the collective growth of entrepreneurship. The need to prove that they comply with regulations by collecting, processing and retaining information, preparing reports and filling out forms is such that it discourages many people from actively taking the reins of businesses across the country. I talked about demographic changes. That will be the result if there is not an appropriate framework.

This small bill, which is truly small, contains about 11 clauses. In actual fact, there are only four. It is a question of semantics. It does not address the real problems, which cause quite a few headaches for Canadian entrepreneurs.

In closing, it is not until the NDP comes to power in 2015 that things will change and entrepreneurs will prosper.

[François Lapointe, NDP, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, my colleague referred to employment insurance reform, which is totally out of touch with what is going on in so many industries, particularly in eastern Canada and Quebec. That is certainly causing problems. It also relates to another comment I had.

If circumstances are such that a business has to hire new employees every six months, there could easily be a shorter form for when employees are replaced. However, if the form has to be changed every time, that will result in more paperwork, not less. It is like I was saying before.

There is another unbelievable phenomenon happening in my riding. It is so hard to manage the innovation tax credit that a significant proportion of small and medium-sized businesses no longer bother to claim it and have given up on some of their efforts to innovate.

In many cases, it is medium-sized businesses, not small ones, that have managed to keep claiming the tax credit. I have asked them if it is that hard for them to do. They have told me that the administrative hassle costs them between 30% and 35% of the amount they get back. I have asked them if there is really more paperwork. They have told me no, but the government checks and double-checks their answers, and they have to call an official 18 times, and the official challenges everything they submit.

Officially, the program does not involve any more red tape. However, the program is now managed in such a convoluted way that small businesses are, for the most part, abandoning their efforts to innovate. That is really bad for the country's economy in the medium and long terms. There are all kinds of examples like that one.

Once again, Bill C-21 is a long way from fixing this problem.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, I listened with great interest to my hon. colleague.

Bill C-21 is yet another bill in which the government passes off fluff for action. It is as if the government has created itself as Don Quixote and is going to go after windmills called red tape.

The government has systematically attacked the basic systems that are in place to ensure a viable economy. One example is its attack on the environmental legislation, which stripped all of the water protections, and the government's dumbed-down idea that it would somehow make it easier to get the pipelines approved. Then it has run into one bit of opposition after another because there are no clear rules in place.

The Conservative government is afraid to bring in a budget. It cannot have a plan and cannot even count the money, and yet it has created this false attitude that it is going after red tape.

Could my hon. colleague tell me why he thinks we are wasting time on a bill like this flop, rather than dealing with clear issues like the budget and protecting citizens?

[François Lapointe, NDP, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, I will be sharing my time with my colleague from Compton—Stanstead. I will therefore be speaking for just 10 minutes, in order to leave him the other half of my 20 minutes.

I have the honour today to address my colleagues, and those who are kind enough to be watching us on CPAC, on the subject of Bill C-21, An Act to control the administrative burden that regulations impose on businesses.

I would recall at the outset that for a long time, the government called this its bill to reduce—and not to control—red tape. We can already see that there has been some backsliding with respect to the government’s real intent to deal with the problem.

Over the last seven years, a number of ministers have made numerous announcements at various locations in Canada, with much fanfare, to express how eager the government was to attack the administrative burden. The Conservatives said they wanted to reduce what they called “red tape”. They made it into a major obsession, which has unfortunately produced very little in the form of Bill C-21.

However, this is an important issue, not to say a major problem. Roughly $30 billion in time and costs are imposed on SMEs and entrepreneurship in general in Canada with forms and various other requirements. That is a lot of money. For an SME or a business, the situation is even worse in terms of its resources.

When you have more than 100, 125, 200 or 300 employees, you can set up human resources or administrative services where people can focus on administrative requirements. The business thus becomes more efficient, and in proportion to the company’s overall operations, such requirements pose less of a problem.

However, for the owner of a small business that has generated 5, 10, 15, 20 or 30 jobs through hard work, whenever a form or a request from a public servant appears, it is always handled by a single person: the small business owner. It is a heavy burden, especially for small businesses and microbusinesses. It is also a burden for medium-sized businesses, but it is even more serious for small and microbusinesses.

We have to deal with this problem, because 98% of our active businesses in Canada have fewer than 100 employees. Ninety-eight per cent. The category includes people who work very hard and have created jobs, but do not yet have sufficient turnover to have human resources and administrative departments. These people have to shoulder the administrative burden themselves.

Sixty-four per cent of employees in the private sector work in an SME; 64% of people in Canada who are not employed by provincial governments or the federal government work in an enterprise with fewer than 100 employees.

This is the sector of the Canadian economy that creates and maintains the most jobs, and it is these enterprises that have to come up with most of the $30 billion invested in time and trouble because of good old red tape.

In addressing this major and important issue, we unfortunately have serious problems with respect to the bill that is before us at third reading today. The bill embodies the government’s desire to apply the one-to-one rule, which is designed to eliminate a regulation for every new regulation made by the government.

I do not know how many times I have to drive this home. The one-for-one rule always gives nothing more than zero. We are faced with a solution whereby the sum total of what was to be an attack on red tape to liberate Canadian businesses still amounts to nothing more than zero. That is the major solution offered by this bill.

A few weeks ago, we were fortunate to have Kevin Page with us in Parliament. He gave a speech to my colleagues and me. He made a very accurate observation to the effect that when there is a complex issue, someone always thinks of a simple solution. The problem is that it is often a very bad solution.

When I think about the one-for-one rule, I cannot help but think about what Mr. Page said that day. That is exactly what we have here: a simplistic measure.

Another problem with this bill is that the President of the Treasury Board could decide to eliminate regulations. The member for Parry Sound—Muskoka is currently President of the Treasury Board and his record is not entirely spotless when it comes discretionary decisions. Take for example, the $50 million invested in gazebos in Ontario when the G20 leaders were visiting.

It is a serious problem when a bill places so much power in the hands of a single representative of government, particularly when the person who currently holds that position does not have a completely spotless record when it comes to discretionary decisions.

The Conservatives also have a poor track record with respect to workplace health and safety, and the bill says nothing about the environment.

We would not want Bill C-21, which gives the government power to tinker with forms and abolish regulations, to be exploited by a government with a very bad track record. Just think about the train tragedies that have occurred in recent years in Canada. The regulatory management that preceded those accidents was part of the problem, and it was the Conservative government that was in charge. We would not want want Bill C-21 to be used to do away with regulations that are for the common good or important for the environment.

The NDP would like the report to contain clear obligations on how we will ensure accountability in how the government will use this law and in how the stakeholders will be consulted before a regulation is eliminated. It would be very important to give that responsibility to an organization and not just to the President of the Treasury Board.

However, the nine amendments presented by my colleagues in committee were all rejected. That is just another problem with this bill, which seeks to address an important issue. We need to cut red tape, but we do not want to adopt a solution that has no effect. It is therefore difficult for parliamentarians to determine whether this is a worthy bill.

In short, according to a document produced by Industry Canada, red tape decreased by about 11% between 2005 and 2008. The report concluded that employment trends and the decrease in workers' compensation claims were the primary causes. This shows how complex the situation is.

If people are being injured at work and there is no job stability, even if we reduce the administrative burden, we will not decrease red tape. If business owners are constantly having to replace employees and if these employees are getting injured every three days, there will be no decrease in red tape. Business owners will have to deal with all kinds of hassles. This is a much bigger and more complex problem.

There are solutions, but they would require a lot more work and co-operation. For example, Belgium is working on digital solutions. Business owners send their papers in electronically, so they are not forced to send them every time a government official has a question.

Furthermore, some European countries have created statuses for microbusinesses. These countries are trying to cut red tape for people who are getting into business and who have only about 10 employees. These companies get a special tax status to make their lives easier. There are solutions that would have an impact.

Those solutions are not in this bill, and it has a number of problems. I will have to continue to think on this bill.

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, it is a privilege to stand in the House and follow the minister. We definitely want to thank her for all of her work at WED and for her commitment to small business. It is a privilege for me to share a province with the member, where we are proud of the work that she has done.

The red tape reduction act is one that is very close to me. I have the privilege of serving on the Red Tape Reduction Commission, and what we have heard again and again from small businesses from coast to coast is the need for the government to get a handle on the amount of red tape that is developed. This one-for-one rule is really moving the goalpost further down the field to ensure that we get to a place where we can address some of the concerns of small businesses and other businesses across the country.

As members know, this legislation would fulfill a commitment that we made as a government. In October, 2012, we brought forward the red tape reduction action plan in response to the commission's recommendations. With this legislation, we hope to make it the law of the land that regulators strictly control the administrative burden they impose upon businesses. Under the one-for-one rule, for every new regulation that adds an administrative burden on businesses, one must be removed.

This is smart legislation. It would help Canadian businesses become more productive and help them succeed in an increasingly global and competitive marketplace.

The red tape reduction act would require that regulators take seriously the requirement to control the amount of red tape imposed upon businesses and the related costs. The legislation is designed to be tough. It would challenge regulators to think through how regulations could be designed and implemented in ways that do not impose unnecessary red tape upon businesses.

It is tough, but it is also quite flexible. The government's commitment to maintaining Canada's high health and safety standards is unwavering. The one-for-one rule would be applied without compromising the protection of the health and safety of Canadians.

This legislation is very timely. As we know, one of the government's top priorities is creating a climate in which business can innovate, invest in the future, and create economic growth and jobs. Too often, red tape gets in the way by tying up a company's time, energy, and production resources. The red tape reduction act would allow businesses to use their resources to become more productive by eliminating unnecessary regulatory red tape.

Given what is happening in the global economy today, we know that Canadian businesses have to be at the top of their game to succeed. The good news is that the Canadian economy has come through a global economic downturn, that recovery is happening, and the economy is in relatively good shape. Canada is positioned for sustainable economic growth.

It is worth remembering that when the hard times arrived in 2008, Canada was in a position of economic strength compared to its international partners. This allowed us to put in place one of the most comprehensive stimulus packages in the world. At the time, international observers, such as the International Monetary Fund, were predicting that Canada would be one of the fastest countries to recover. I am proud to say that these predictions have come true, given our relative economic and fiscal strength.

Since we introduced the economic action plan to respond to the global recession, Canada has recovered more than all of the output and jobs lost during the recession. The Canadian economy has boasted one of the strongest job creation records in the G7 over the recovery, with nearly 1.2 million jobs created since June, 2009. Over 90% of the jobs created since June 2009 are full-time positions, 80% of those in the private sector, and over two thirds in high wage industries.

What is more is that the real GDP is significantly above pre-recession levels, the best performance in the G7. Not only has Canada weathered the economic storm well, but the world has also noticed. Both the International Monetary Fund and the Organisation for Economic Co-operation and Development expect that Canada will be among the strongest growing economies in the G7 over this year and next. The World Economic Forum rated Canada's banking system as the soundest in the world for the seventh year in a row in its annual Global Competitiveness Report. According to KPMG, total business tax costs in Canada are the lowest in the G7, and 46% lower than those in the United States.

In addition, four credit rating agencies, Moody's Investors Service, Fitch Ratings, Standard and Poors, and DBRS, have reaffirmed their top rating for Canada and expect Canada to maintain its AAA rating in the year ahead.

However, we cannot rest on this record of success. Despite solid job creation since 2009, too many Canadians remain unemployed. That is why the government's economic action plan focuses on the drivers of growth and job creation—innovation, investment, education, skills and communities—underpinned by our ongoing commitment to keeping taxes low and returning a balanced budget by 2015.

Clearly, responsible fiscal management has to be in place for us to succeed. Canada is one of the few countries that can now boast of having a declining tax rate and a low debt. That is why we remain committed to eliminating the deficit. Reducing debt helps to keep interest rates low and encourages businesses to invest and create jobs.

Reducing debt signals that the public services are sustainable over the long run. The gains that we saw as a result of Canada's low-tax plan are fostering long-term growth that will continue to generate high wage jobs in Canada into the future. It strengthens the country's ability to respond to economic shocks, such as the global financial crisis that we witnessed in 2009, and it will ensure that Canada keeps its economic advantage now and for generations to come.

Helping Canadian companies succeed in the global economy has clearly been a priority of this government and we certainly have seen the success of that. By taking action such as enshrining the one-to-one rule in law, we are making the regulatory system more conducive to business success and to economic growth. We are creating a more predictable environment for businesses, particularly for small and medium-size businesses, and we are freeing entrepreneurs from the burden of regulatory red tape.

It is all part of our plan for Canada. I certainly invite hon. members across the way to join me in supporting the bill we are speaking about today. It will help us to further eliminate unnecessary rules and costs that have been the source of frustration for business people and entrepreneurs across this country, and it will bolster Canada's strong reputation as one of the best countries in the world in which to do business and to invest.

[Dennis Bevington, NDP, Northwest Territories, NT]

Mr. Speaker, I am here today to talk about Bill C-21, an act to control the administrative burden that regulations impose on businesses. It is a good bumper sticker for Conservative politics later on in this year. It is also a bill that is in some ways very confusing.

If we take the basic premise that we will get rid of a regulation for every regulation we create, that logically says there are quite a number of regulations that do not need to be on the books right now. Why does the government not do some homework and identify the regulations that are not important to the Canadian public, to businesses and to the happiness of the Canadian state and simply eliminate those regulations? Would that not make more sense than tying up the time of the House of Commons with a bill that really does not nail anything down? It simply lays out a pattern that can or cannot be obeyed. It is sort of like the elections limits law earlier in my time in Parliament. People could follow it if they wanted or they did not have to follow it

The President of the Treasury Board may establish policy or issue directives respecting the manner in which the rules can be applied. We have another law that is really for public consumption. It really will not affect too much in the way that business regulations are set or not set in Parliament.

For instance, it says in the preamble of the bill that the one-for-one rule may not compromise public health, public safety or the Canadian economy. It is in the part of the bill that is not law. It simply talks about the bill. Where Conservatives outline their concerns about where we should not touch regulations on a one-to-one basis, it really is inappropriate, it does not work and it is not part of any requirement of government to follow.

Environment, immigration or human rights are not mentioned. A whole number of things are not mentioned. The Conservatives' thoughts are very different from their thoughts about foreign regulation or how to sell the Canadian public on the idea they are taking care of the economy, the economy being a very complex organism which has social, cultural and environmental aspects to it at all times.

I was a small businessman for many years in the Northwest Territories. I dealt with small businesses in limited markets under very difficult conditions. Regulations set out a pathway for businesses in many cases. They provide, and should provide, a mechanism by which business people can conduct their business in a good and proper fashion. That is the purpose of regulation. Regulations put everyone on a level playing field. Everyone is required to abide by regulations.

Within the economy, there are some rules and conduct that can make business work. Therefore, regulations are very important. To simply deal with regulations in this rather cavalier fashion, saying that for every new regulation we create we are going to take one away, is patently absurd.

Let us go back to the environment. The Conservatives have been changing environmental laws to help large resource developers to effect their businesses better in the three northern territories. That has not worked very well for them. With the changes to the NWT environmental legislation that occurred last year along with devolution, they are now in court with first nations over those changes.

Now we have uncertainty in the Northwest Territories about how development is going to proceed because of those changes. Now the government has decided to do a somewhat similar thing in Yukon with Bill S-6. It would make changes to the Yukon environmental legislation.

The bill has created a firestorm among first nations and ordinary Yukon citizens right across the territory. The people of Yukon understand that the best way for developers to proceed is with the full understanding and co-operation of first nations.

What the government has done in both territories is created this chasm and brought legislation forward which has the exact opposite effect of what it says it is trying to do. I think this bill will probably be similar in some ways.

As I said earlier, if regulations are not appropriate, they should be taken down. We should not wait until another regulation comes along to decide that a regulation is not appropriate anymore. That really is an unbelievably inane way of conducting government.

The NDP has some sensible suggestions for small business. What are we going through right now in Canada? We have a dollar that has dropped by about 20%. What does that do for small businesses that want to innovate and expand their production base, much of which would be imported machinery?

What we need is an innovation tax credit to encourage investments in machinery, especially at this time when we are dealing with 80¢ dollars that have to buy equipment from countries that have a better exchange rate, like the United States.

The NDP tax innovation credit is a good idea. It is an idea for 2015, for the situation in which we exist today. The New Democrats would also extend the accelerated capital cost allowance, which would allow businesses to quickly write off the cost of processing equipment and machinery. This allowance is set to expire this year. At the very time it is needed most, it is going to expire.

Hopefully over the course of this year, as the government changes, we will be able to put some of these things into effect.

As well, cutting the small business tax rate from 11% to 10% and then to 9% is a good solid idea. Small businesses create jobs, they grow communities and they provide services to those who would not have them otherwise.

We do not see multinational corporations investing in small business in my communities in the Northwest Territories. We see the average Joe, the person who has a few dollars and wants to make a difference putting that to work in his community. A lower tax rate for those people ensures that the money will circulate within the economy.

Lowering the tax rate for multinational corporations with multitudinous shareholders all over the world means that the money is dispersed to other sources, dead money in many cases, sitting in banks, good to no one at all. Perhaps we should have a look at other ways to activate that money. That is something the NDP government can look at as it moves into the future.

I have a minute left, and that is probably all the bill deserves. It is really does nothing. The way it is set up it will be meaningless in the future. It is just another wasted effort on the part of the Conservative government to try to show how it can use symbols rather than real work to persuade Canadians that it is on their side.

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, I am pleased to have the opportunity to rise and finish my intervention from last week on this important bill.

Bill C-21, An Act to control the administrative burden that regulations impose on businesses, known as the “red tape bill”, is an interesting idea, an idea that has been tried by a number of governments at all levels. It comes up especially when parties are campaigning, when candidates go out and talk to small business people. They say they are going to get in there and work to get rid of red tape and bring the cost burden of red tape down for people with small businesses. They are going to make a real difference.

It should be the goal of all governments to ensure that any regulations that exist are up to date and current and accomplish what they set out to accomplish. Otherwise, they should be jettisoned. They should be revised or just gotten rid of. Any government worth its salt would do that as a normal administrative practice within its responsibilities.

However, sometimes, mainly for political reasons, governments like to trot out a particular catchy phrase in the way that this bill does. It talks about one for one. It talks about how the Conservatives have communicated with public servants within the bureaucracy and have told them that if they are going to bring a regulation forward, then they have to get rid of a regulation. It has absolutely nothing to do with whether the regulation they are bringing forward has any merit or whether the regulation they want to get rid of does not have any merit; it is simply on the basis of one for one. It is nothing more and nothing less than bald politics. It has nothing to do with proper administration.

An issue that we have raised here on a number of occasions is that there are many good reasons for regulation. The government has a role to play beyond just ensuring that businesses are able to operate effectively and efficiently and that the rules and regulations that affect them are appropriate and efficient; on behalf of the public interest, the government also has to ensure that there are good health and safety regulations. It ensures that there are good regulations that protect Canadians in the area of food safety and good regulations to ensure that the immigration process works smoothly. There is an important role for regulations to play in the process.

My concern with a bill like this is that the Conservatives are just looking for numbers and looking at being able to roll out a banner during the election campaign to say what they have been able to accomplish with their one-for-one campaign. If the Conservatives were truly serious, then they would prove to small business and to Canadians by their actions that they were in fact administering the federal government effectively and efficiently.

I took the opportunity over the past year and a half to communicate with small business people on the issues they were most concerned about as they related to the role of the federal government. The top of the list tended to be taxation. That is why small business people in my community in the constituency of Dartmouth—Cole Harbour have responded so well to the announcement by our leader that when we are elected in 2015, we will bring forward a reduction in the small business tax from 11% to 9%.

That tends to be at the top of the list of small businesses in my community. That is why they have responded so well.

The second item that tended to be important was cracking down on anti-competitive credit card merchant fees. That was something that the government had talked about doing. It talked about it in the Speech from the Throne last year. It talked about it before in the election campaign, saying that it was was going to bring down the cost of the use of credit cards for merchants.

What happened? The government bowed to pressure from the big banks. It decided in favour of the wishes of the big banks, which make billions of dollars in profit every year as a result of many of the things that the government does. The government decided to land on the side of the big banks rather than the small businesses, and it has not done anything with the credit card merchant fees.

That is another commitment that the New Democratic Party has made to Canadians.

The small business people in my community are always concerned about paperwork and regulations that are useless or do not make sense. They are concerned about them, but those matters fall well down the list in terms of priority.

If I may, allow me to bring up a couple of other points. In this bill, what the Conservative government talks about is a focus on inefficient and unnecessary regulation. It also talks about the bureaucracy and the burden of paperwork.

As I was thinking about this, I thought about the infant from Egypt who was prohibited from travelling with her family to Canada simply because of unnecessary, unfair, and unrealistic policies made by the Conservative government. I see it in my office all the time, whether it is with immigration, employment insurance, the Canada pension, or Canada pension disability. The Conservative government is not doing Canadians any favours when it comes to dealing with the kinds of forms, processes, policies, and regulations that ordinary Canadians need to deal with in order to access some of the programs that still exist in this country. If the government were truly concerned about getting rid of inefficient and ineffective regulations and policies, it would pay much more attention to the ones that we have brought to the attention of members here in the House.

This bill, unfortunately, could be much more than it is. It is no more than political rhetoric on behalf of the government. If it was truly concerned about dealing with regulation, it would simply do it and prove to Canadians through its actions that it is making a difference on the issue of regulation.

The House resumed from January 26 consideration of the motion that Bill C-21, An Act to control the administrative burden that regulations impose on businesses, be read the third time and passed.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, let me first say happy new year to my counterpart and all hon. members.

We are back in Ottawa for another hard-working, orderly, and productive sitting of the House of Commons, a sitting in which our respective parties' policies and plans will be debated. Only one party, though, has a plan that will benefit all Canadians, and that is the Conservative plan to create jobs, keep taxes low, and keep our communities safe from crime and the threat of terrorism.

This afternoon we will conclude debate on the Liberal opposition day motion.

Tomorrow we will wrap up debate on Bill C-44, the protection of Canada from terrorists act, at third reading. This bill is the first step in our legislative measures to ensure that our law enforcement and security agencies have the tools they need to meet evolving threats.

The other part of our program to counter that terrorist threat is a bill that will be introduced tomorrow. It will be called for second reading debate during the week after our upcoming constituency week. That should allow all hon. members an opportunity to study these thoughtful, appropriate, and necessary measures and to hear the views of their constituents before we start that important debate.

Before we get to that constituency week, though, there is one more sitting week. On Monday, we will debate the NDP's pick of topic, on the third allotted day. Before question period on Tuesday, we will start debating Bill C-50, the Citizen Voting Act. After question period, we will return to the third reading debate on Bill C-21, the Red Tape Reduction Act, which will help ensure job creators can focus on what they do best, not on government paperwork.

Wednesday and Friday of next week will be dedicated to Bill C-32, the victims bill of rights act. This bill would put victims where they belong: at the centre of our justice system.

Finally, next Thursday will be the fourth allotted day, when we will again debate a proposal from the New Democrats.