Economic Action Plan 2014 Act, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Joe Oliver  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

Part 1 implements income tax measures and related measures proposed in the February 11, 2014 budget. Most notably, it
(a) increases the maximum amount of eligible expenses for the adoption expense tax credit;
(b) expands the list of expenses eligible for the medical expense tax credit to include the cost of the design of individualized therapy plans and costs associated with service animals for people with severe diabetes;
(c) introduces the search and rescue volunteers tax credit;
(d) extends, for one year, the mineral exploration tax credit for flow-through share investors;
(e) expands the circumstances in which members of underfunded pension plans can benefit from unreduced pension-to-RRSP transfer limits;
(f) eliminates the need for individuals to apply for the GST/HST credit and allows the Minister of National Revenue to automatically determine if an individual is eligible to receive the credit;
(g) extends to 10 years the carry-forward period with respect to certain donations of ecologically sensitive land;
(h) removes, for certified cultural property acquired as part of a gifting arrangement that is a tax shelter, the exemption from the rule that deems the value of a gift to be no greater than its cost to the donor;
(i) allows the Minister of National Revenue to refuse to register, or revoke the registration of, a charity or Canadian amateur athletic association that accepts a donation from a state supporter of terrorism;
(j) reduces, for certain small and medium-sized employers, the frequency of remittances for source deductions;
(k) improves the Canada Revenue Agency’s ability to provide feedback to the Financial Transactions and Reports Analysis Centre of Canada; and
(l) requires a listing of outstanding tax measures to be tabled in Parliament.
Part 1 also implements other selected income tax measures. Most notably, it
(a) introduces transitional rules relating to the labour-sponsored venture capital corporations tax credit;
(b) requires certain financial intermediaries to report to the Canada Revenue Agency international electronic funds transfers of $10,000 or more;
(c) makes amendments relating to the introduction of the Offshore Tax Informant Program of the Canada Revenue Agency;
(d) permits the disclosure of taxpayer information to an appropriate police organization in certain circumstances if the information relates to a serious offence; and
(e) provides that the Business Development Bank of Canada and BDC Capital Inc. are not financial institutions for the purposes of the Income Tax Act’s mark-to-market rules.
Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures proposed in the February 11, 2014 budget by
(a) expanding the GST/HST exemption for training that is specially designed to assist individuals with a disorder or disability to include the service of designing such training;
(b) expanding the GST/HST exemption for services rendered to individuals by certain health care practitioners to include professional services rendered by acupuncturists and naturopathic doctors;
(c) adding eyewear specially designed to treat or correct a defect of vision by electronic means to the list of GST/HST zero-rated medical and assistive devices;
(d) extending to newly created members of a group the election that allows members of a closely-related group to not account for GST/HST on certain supplies between them, introducing joint and several (or solidary) liability for the parties to that election for any GST/HST liability on those supplies and adding a requirement to file that election with the Canada Revenue Agency;
(e) giving the Minister of National Revenue the discretionary authority to register a person for GST/HST purposes if the person fails to comply with the requirement to apply for registration, even after having been notified by the Canada Revenue Agency of that requirement; and
(f) improving the Canada Revenue Agency’s ability to provide feedback to the Financial Transactions and Reports Analysis Centre of Canada.
Part 2 also implements other GST/HST measures by
(a) providing a GST/HST exemption for supplies of hospital parking for patients and visitors, clarifying that the GST/HST exemption for supplies of a property, when all or substantially all of the supplies of the property by a charity are made for free, does not apply to paid parking and clarifying that paid parking provided by charities that are set up or used by municipalities, universities, public colleges, schools and hospitals to operate their parking facilities does not qualify for the special GST/HST exemption for parking supplied by charities;
(b) clarifying that reports of international electronic funds transfers made to the Canada Revenue Agency may be used for the purposes of the administration of the GST/HST;
(c) making amendments relating to the introduction of the Offshore Tax Informant Program of the Canada Revenue Agency;
(d) permitting the disclosure of confidential GST/HST information to an appropriate police organization in certain circumstances if the information relates to a serious offence; and
(e) clarifying that a person cannot claim input tax credits in respect of an amount of GST/HST that has already been recovered by the person from a supplier.
Part 3 implements excise measures proposed in the February 11, 2014 budget by
(a) adjusting the domestic rate of excise duty on tobacco products to account for inflation and eliminating the preferential excise duty treatment of tobacco products available through duty free markets;
(b) ensuring that excise tax returns are filed accurately through the addition of a new administrative monetary penalty and an amended criminal offence for the making of false statements or omissions, consistent with similar provisions in the GST/HST portion of the Excise Tax Act; and
(c) improving the Canada Revenue Agency’s ability to provide feedback to the Financial Transactions and Reports Analysis Centre of Canada.
Part 3 also implements other excise measures by
(a) permitting the disclosure of confidential information to an appropriate police organization in certain circumstances if the information relates to a serious offence; and
(b) making amendments relating to the introduction of the Offshore Tax Informant Program of the Canada Revenue Agency.
In addition, Part 3 amends the Air Travellers Security Charge Act, the Excise Act, 2001 and the Excise Tax Act to clarify that reports of international electronic funds transfers made to the Canada Revenue Agency may be used for the purposes of the administration of those Acts.
Part 4 amends the Customs Tariff. In particular, it
(a) reduces the Most-Favoured-Nation rates of duty and, if applicable, rates of duty under the other tariff treatments on tariff items related to mobile offshore drilling units used in oil and gas exploration and development that are imported on or after May 5, 2014;
(b) removes the exemption provided by tariff item 9809.00.00 and makes consequential amendments to tariff item 9833.00.00 to apply the same tariff rules to the Governor General that are applied to other public office holders; and
(c) clarifies the tariff classification of certain imported food products, effective November 29, 2013.
Part 5 enacts the Canada–United States Enhanced Tax Information Exchange Agreement Implementation Act and amends the Income Tax Act to introduce consequential information reporting requirements.
Part 6 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 6 provides for payments to compensate for deductions in certain benefits and allowances that are payable under the Canadian Forces Members and Veterans Re-establishment and Compensation Act, the War Veterans Allowance Act and the Civilian War-related Benefits Act.
Division 2 of Part 6 amends the Bank of Canada Act and the Canada Deposit Insurance Corporation Act to authorize the Bank of Canada to provide banking and custodial services to the Canada Deposit Insurance Corporation.
Division 3 of Part 6 amends the Hazardous Products Act to better regulate the sale and importation of hazardous products intended for use, handling or storage in a work place in Canada in accordance with the Regulatory Cooperation Council Joint Action Plan initiative for work place chemicals. In particular, the amendments implement the Globally Harmonized System of Classification and Labelling of Chemicals with respect to, among other things, labelling and safety data sheet requirements. It also provides for enhanced powers related to administration and enforcement. Finally, it makes amendments to the Canada Labour Code and the Hazardous Materials Information Review Act.
Division 4 of Part 6 amends the Importation of Intoxicating Liquors Act to authorize individuals to transport beer and spirits from one province to another for their personal consumption.
Division 5 of Part 6 amends the Judges Act to increase the number of judges of the Superior Court of Quebec and the Court of Queen’s Bench of Alberta.
Division 6 of Part 6 amends the Members of Parliament Retiring Allowances Act to prohibit parliamentarians from contributing to their pension and accruing pensionable service as a result of a suspension.
Division 7 of Part 6 amends the National Defence Act to recognize the historic names of the Royal Canadian Navy, the Canadian Army and the Royal Canadian Air Force while preserving the integration and the unification achieved under the Canadian Forces Reorganization Act and to provide that the designations of rank and the circumstances of their use are prescribed in regulations made by the Governor in Council.
Division 8 of Part 6 amends the Customs Act to extend to 90 days the time for making a request for a review of a seizure, ascertained forfeiture or penalty assessment and to provide that requests for a review and third-party claims can be made directly to the Minister of Public Safety and Emergency Preparedness.
Division 9 of Part 6 amends the Atlantic Canada Opportunities Agency Act to provide for the dissolution of the Atlantic Canada Opportunities Board and to repeal the requirement for the President of the Atlantic Canada Opportunities Agency to submit a comprehensive report every five years on the Agency’s activities and on the impact those activities have had on regional disparity.
Division 10 of Part 6 dissolves the Enterprise Cape Breton Corporation and authorizes, among other things, the transfer of its assets and obligations, as well as those of its subsidiaries, to either the Atlantic Canada Opportunities Agency or Her Majesty in right of Canada as represented by the Minister of Public Works and Government Services. It also provides that the employees of the Corporation and its subsidiaries are deemed to have been appointed under the Public Service Employment Act and includes provisions related to their terms and conditions of employment. Furthermore, it amends the Atlantic Canada Opportunities Agency Act to, among other things, confer on the Atlantic Canada Opportunities Agency the authority that is necessary for the administration, management, control and disposal of the assets and obligations transferred to the Agency. It also makes consequential amendments to other Acts and repeals the Enterprise Cape Breton Corporation Act.
Division 11 of Part 6 provides for the transfer of responsibility for the administration of the programs known as the “Online Works of Reference” and the “Virtual Museum of Canada” from the Minister of Canadian Heritage to the Canadian Museum of History.
Division 12 of Part 6 amends the Nordion and Theratronics Divestiture Authorization Act to remove certain restrictions on the acquisition of voting shares of Nordion.
Division 13 of Part 6 amends the Bank Act to add regulation-making powers respecting a bank’s activities in relation to derivatives and benchmarks.
Division 14 of Part 6 amends the Insurance Companies Act to broaden the Governor in Council’s authority to make regulations respecting the conversion of a mutual company into a company with common shares.
Division 15 of Part 6 amends the Motor Vehicle Safety Act to support the objectives of the Regulatory Cooperation Council to enhance the alignment of Canadian and U.S. regulations while protecting Canadians. It introduces measures to accelerate and streamline the regulatory process, reduce the administrative burden for manufacturers and importers and improve safety for Canadians through revised oversight procedures and enhanced availability of vehicle safety information.
The amendments to the Railway Safety Act and the Transportation of Dangerous Goods Act, 1992 modernize the legislation by aligning it with the Cabinet Directive on Regulatory Management.
This Division also amends the Safe Food for Canadians Act to authorize the Governor in Council to make regulations respecting activities related to specified fresh fruits and vegetables, including requiring a person who engages in certain activities to be a member of a specified entity or organization. It also repeals the Board of Arbitration.
Division 16 of Part 6 amends the Telecommunications Act to set a maximum amount that a Canadian carrier can charge to another Canadian carrier for certain roaming services.
Division 17 of Part 6 amends the Canada Labour Code to allow employees to interrupt their compassionate care leave or leave related to their child’s critical illness, death or disappearance in order to take leave because of sickness or a work-related illness or injury. It also amends the Employment Insurance Act to facilitate access to sickness benefits for claimants who are in receipt of compassionate care benefits or benefits for parents of critically ill children.
Division 18 of Part 6 amends the Canadian Food Inspection Agency Act to provide that fees fixed under that Act for the use of a facility provided by the Canadian Food Inspection Agency under the Safe Food for Canadians Act as well as fees fixed for services, products and rights and privileges provided by the Agency under that Act are exempt from the application of the User Fees Act.
Division 19 of Part 6 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things, enhance the client identification, record keeping and registration requirements for financial institutions and intermediaries, refer to online casinos, and extend the application of the Act to persons and entities that deal in virtual currencies and foreign money services businesses. Furthermore, it makes modifications in regards to the information that the Financial Transactions and Reports Analysis Centre of Canada may receive, collect or disclose, and expands the circumstances in which the Centre or the Canada Border Services Agency can disclose information received or collected under the Act. It also updates the review and appeal provisions related to cross-border currency reporting and brings Part 1.1 of the Act into force.
Division 20 of Part 6 amends the Immigration and Refugee Protection Act and the Economic Action Plan 2013 Act, No. 2 to, among other things,
(a) require certain applications to be made electronically;
(b) provide for the making of regulations regarding the establishment of a system of administrative monetary penalties for the contravention of conditions applicable to employers hiring foreign workers;
(c) provide for the termination of certain applications for permanent residence in respect of which a decision as to whether the selection criteria are met is not made before February 11, 2014; and
(d) clarify and strengthen requirements related to the expression of interest regime.
Division 21 of Part 6 amends the Public Service Labour Relations Act to clarify that an adjudicator may grant systemic remedies when it has been determined that the employer has engaged in a discriminatory practice.
It also clarifies the transitional provisions in respect of essential services that were enacted by the Economic Action Plan 2013 Act, No. 2.
Division 22 of Part 6 amends the Softwood Lumber Products Export Charge Act, 2006 to clarify how payments to provinces under section 99 of that Act are to be determined.
Division 23 of Part 6 amends the Budget Implementation Act, 2009 so that the aggregate amount of payments to provinces and territories for matters relating to the establishment of a Canadian securities regulation regime may be fixed through an appropriation Act.
Division 24 of Part 6 amends the Protection of Residential Mortgage or Hypothecary Insurance Act and the National Housing Act to provide that certain criteria established in a regulation may apply to an existing insured mortgage or hypothecary loan.
Division 25 of Part 6 amends the Trade-marks Act to, among other things, make that Act consistent with the Singapore Treaty on the Law of Trademarks and add the authority to make regulations for carrying into effect the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The amendments include the simplification of the requirements for obtaining a filing date in relation to an application for the registration of a trade-mark, the elimination of the requirement to declare use of a trade-mark before registration, the reduction of the term of registration of a trade-mark from 15 to 10 years, and the adoption of the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
Division 26 of Part 6 amends the Trade-marks Act to repeal the power to appoint the Registrar of Trade-marks and to provide that the Registrar is the person appointed as Commissioner of Patents under subsection 4(1) of the Patent Act.
Division 27 of Part 6 amends the Old Age Security Act to prevent the payment of Old Age Security income-tested benefits for the entire period of a sponsorship undertaking by removing the current 10-year cap.
Division 28 of Part 6 enacts the New Bridge for the St. Lawrence Act, respecting the construction and operation of a new bridge in Montreal to replace the Champlain Bridge and the Nuns’ Island Bridge.
Division 29 of Part 6 enacts the Administrative Tribunals Support Service of Canada Act, which establishes the Administrative Tribunals Support Service of Canada (ATSSC) as a portion of the federal public administration. The ATSSC becomes the sole provider of resources and staff for 11 administrative tribunals and provides facilities and support services to those tribunals, including registry, administrative, research and analysis services. The Division also makes consequential amendments to the Acts establishing those tribunals and to other Acts related to those tribunals.
Division 30 of Part 6 enacts the Apprentice Loans Act, which provides for financial assistance for apprentices to help with the cost of their training. Under that Act, apprentices registered in eligible trades will be eligible for loans that will be interest-free until their training ends.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-31s:

C-31 (2022) Law Cost of Living Relief Act, No. 2 (Targeted Support for Households)
C-31 (2021) Reducing Barriers to Reintegration Act
C-31 (2016) Law Canada-Ukraine Free Trade Agreement Implementation Act
C-31 (2012) Law Protecting Canada's Immigration System Act

Votes

June 12, 2014 Passed That the Bill be now read a third time and do pass.
June 12, 2014 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, because it: ( a) has not received adequate study or amendment by Parliament; ( b) cancels the hiring credit for small business ( c) raises costs for Canadian businesses through changes to trademark law that have been opposed by dozens of chambers of commerce, businesses and legal experts; ( d) hands over private financial information of hundreds of thousands of Canadians to the US Internal Revenue Service under Foreign Account Tax Compliance Act; ( e) undermines the independence of 11 federal administrative tribunals; and ( f) fails to fully compensate for years of unjust clawback to the benefits of Canada's disabled veterans.”.
June 9, 2014 Passed That Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 376.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 375.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 371.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 369.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 317.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 313.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 308.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 300.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 223.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 211.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 206.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 179.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 175.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 110.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 28.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 27.
June 9, 2014 Failed That Bill C-31 be amended by deleting the short title.
June 5, 2014 Passed That, in relation to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, not more than five further hours shall be allotted to the consideration at report stage of the Bill and five hours shall be allotted to the consideration at third reading stage of the said Bill; and that, at the expiry of the five hours provided for the consideration at report stage and the five hours provided for the consideration at 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 said stages of the Bill then under consideration shall be put forthwith and successively, without further debate or amendment.
April 8, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
April 8, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, because it: ( a) amends more than sixty Acts without adequate parliamentary debate and oversight; ( b) does nothing to create quality, good-paying jobs for Canadians and fails to extend the hiring credit for small business; ( c) fails to reverse devastating cuts to infrastructure and healthcare; ( d) hands over private financial information of hundreds of thousands of Canadians to the US Internal Revenue Service under the Foreign Account Tax Compliance Act; ( e) reduces transparency at the Atlantic Canada Opportunities Agency; (f) imposes tolls on the Champlain Bridge; ( g) jeopardizes the independence of eleven federal administrative tribunals; and ( h) enables the government to weaken regulations affecting rail safety and the transport of dangerous goods without notifying the public.”.
April 3, 2014 Passed That, in relation to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, not more than three further sitting days after the day on which this Order is adopted 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 third 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.

Amendments to Standing OrdersGovernment Orders

June 20th, 2017 / 11:10 a.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, yesterday I spoke to the issue of prorogation, because we now have a historic opportunity to ensure that prorogation will never again be used improperly, and I said that the motion fails to eliminate that possibility.

I was about to close on the subject of prorogation by suggesting to the House, as I have suggested to the hon. government House leader in a paper I prepared on things we could do in our Standing Orders, the advice from Professor Hugo Cyr, L'Université du Québec à Montréal. He raised before the Special Parliamentary Committee on Electoral Reform, as did Professor Peter Russell, Professor Emeritus at the University of Toronto, additional reforms for democracy that we should consider making.

Professor Cyr's approach is this:

...to amend the Standing Orders of the House of Commons so that asking for Parliament to be prorogued or dissolved without first obtaining the approval of the House of Commons automatically results in a loss of confidence in the Prime Minister. Consequently, the Governor General would not be bound by a prime minister's advice requesting the early dissolution or prorogation of Parliament without first obtaining the approval of the House of Commons.

This is a very sensible proposal. What the government has proposed is a form of improvement, but there is nothing in the government proposal that would stop the abuse of power such as we saw when Stephen Harper shut down of Parliament to avoid a vote he knew he would lose. Unfortunately, the opposition parties had just recently voted on the Speech from the Throne, mistaking what they thought was a mere formality. It actually was a confidence vote and that is why the Governor General at the time refused to deny Mr. Harper his request for prorogation, although it is historically an affront to parliamentary democracy. We need to close that door now, but the proposal from the government does not do it.

Similarly, I was pleased to see the motion would deal with omnibus bills and allow them to be split, only to be crestfallen to realize they only would be allowed to be split when it came to voting on them, not for studying them. It was actually the case with one of Harper's omnibus bills, Bill C-31, which was introduced in spring 2014. I went to committee, as I was by that point mandated to do by the new motions that were passed to deny me my rights at report stage, to present amendments to various sections of the bill.

These omnibus bills were so big that when I went to committee with amendments to a section, it was the moment when members around the committee realized they had not had any witnesses on that section. It was a commercial chemical section, by the way. I wanted an amendment related to asbestos. The committee had no witnesses, had not studied it , and certainly could not take amendments, but it could pass it because it was under time allocation. When there are multiple sections pushed in the same bill, it is a small improvement to say that the Speaker can split them out for purpose of voting, but we really need those sections split out for purposes of study.

Again, the recommendation from the hon. government House leader is a small improvement but a long way from being adequate.

While we have a chance, there are a lot of things we could look at in the Standing Orders. Again, going back to the advice of Professor Peter Russell and Professor Hugo Cyr to the Special Parliamentary Committee on Electoral Reform, we are one of the only modern democracies that does not have a mandatory period between when an election takes place and when the newly elected government convenes Parliament. This loophole has not yet been exploited or abused, but there is no reason not to close the door on it now.

Fundamentally, what is terribly sad about this process is that we lost the opportunity to achieve a consensus on how to change our Standing Orders. This remains a historical, and not a good historical precedent, where the party with the majority of seats in this place, even though it does not have the majority of votes across the land, is able to push through this motion, because the votes are there.

I would urge the government House leader and the Liberals to seriously consider adopting the NDP amendment. It will do no violence to the principles it is espousing. It would at least allow omnibus bills to be split for purposes of study. I urge this to my colleagues. I also hope that in the future we can return to some of the other proposals I made, particularly taking into account the carbon footprint created by our parliamentary schedule. I continue to maintain that we need to consider very closely changing the days and the weeks in which we sit in order to intensify our time in Ottawa and thus reduce the millions of dollars and tons of greenhouse gases as we fly back and forth to this city.

Bill C-29—Time Allocation MotionBudget Implementation Act, 2016, No. 2Government Orders

December 5th, 2016 / 12:25 p.m.


See context

Liberal

Bill Morneau Liberal Toronto Centre, ON

Madam Speaker, I would like to use some statistics from the previous government that might be helpful. A number of years ago, on Bill C-4, which consisted of 322 pages, there were five days of debate at second reading under time allocation, two days at report stage under time allocation, and one day at third reading under time allocation.

On Bill C-31, which was 380 pages, there were five days of debate at second reading under time allocation, two days at report stage under time allocation, and two days at third reading under time allocation.

On Bill C-29, on the other hand, which was only 244 pages, there were six days of debate at second reading, there were two days at report stage, and one day at third reading.

We are doing things in a way that will allow us to get our work done. We are doing it in a way that is appropriate, so that Canadians can understand what we are trying to achieve for them and their families. That is the way we plan on moving forward to make a real difference to our economy and for Canadians over the long run.

The EnvironmentPetitionsRoutine Proceedings

June 17th, 2015 / 4:45 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I have two petitions from people in my riding.

One petition deals with the requirement to have a climate strategy. The petitioners refer back to the targets and timelines that were included in the bill that was passed in this place, Bill C-31, sponsored by the hon. member for Thunder Bay—Superior North.

Bill S-7—Time Allocation MotionZero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 10:25 a.m.


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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I would like to pick up the theme the hon. member for Winnipeg North was developing, and that is the issue of process and democracy in this place. I believe that the government has invoked closure on debate through time allocation more than 90 times in this Parliament. Over four years, that works out to 22 times per year. That, for Canadians who may be watching this, says that the government, 22 times a year, approximately, tells this House that we, as parliamentarians, cannot stand up in this place and represent our constituents and contribute to the debate and discussion in this place.

The consequence of that is that amendments, necessary improvements to legislation, which are contributions from all parties in this House, particularly the opposition, are not made. That is why there have been a record number of government bills that have been ruled unconstitutional by the Supreme Court in this country, including Bill C-31, which I, in committee, warned the government would be unconstitutional. Sure enough, that was found to be the case.

In terms of making good legislation, I understand that the government has a majority, and ultimately it needs to get business done, and we, as a responsible opposition, co-operate with that. However, does the member not agree that good suggestions on this side of the House that can improve the legislation are things a responsible democratic government would want to welcome in this place, not for the good of the opposition but for the good of Canada and the good of Canadians?

Canada Revenue AgencyOral Questions

February 17th, 2015 / 2:55 p.m.


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Conservative

Daryl Kramp Conservative Prince Edward—Hastings, ON

Mr. Speaker, before Bill C-31, CRA officials were inexplicably prohibited from passing along evidence of serious criminal activity, uncovered on the job, to relevant law enforcement agencies. Clearly, this was and is unacceptable.

Can the Minister of National Revenue today please explain to this House why this change was necessary and how it is consistent with our government's commitment to protecting Canadians?

Economic Action Plan 2014 Act, No. 2Government Orders

December 9th, 2014 / 11:10 a.m.


See context

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, as I rise to speak to the government's budget implementation act at third reading, I regret that we are debating, yet again, another massive omnibus piece of legislation.

This legislation contains many specific flaws, but I would like to start by addressing its conceptual failure. It covers too many subjects which are non-budgetary in nature and therefore not suitable for inclusion in a budget implementation act.

This legislation is frankly a smokescreen designed to ram through a multitude of changes without allowing for careful scrutiny and rigorous analysis. It is 460 pages long, with 400 separate clauses amending countless different laws. Bill C-43 represents a continued abuse of power, disrespect for Parliament, and plain bad judgment on the part of the government.

I would like to review a few of the specific laws in this legislation.

First, there is the small-business job credit. The Minister of Finance conceded, in his appearance before the finance committee, that his department did absolutely no economic analysis of this measure before allocating more than half a billion tax dollars to it.

At the Standing Committee on Finance, we heard from experts who say that this tax credit has a serious design flaw. It creates a perverse incentive for employers to lay off workers or reduce their hours of work in order to qualify for the tax savings.

The Parliamentary Budget Officer told us that this so-called job credit would create only 800 jobs over two years, at a cost of about $700,000 per job. Obviously, it is outrageously expensive and ineffective as a job creation measure. We know that there are better ways to manage half a billion dollars in tax dollars and at the same time better ways to create jobs. There are other measures or potentially better-designed investments that could do more to bolster the economy and create jobs cost-effectively.

We offered a focused alternative. The Liberal plan would create a two-year EI premium holiday for businesses that create new jobs, that actually hire and add to their payrolls. This would be a true incentive for employers to do more hiring. Our proposal would fix the design flaw in the government's tax credit. It was endorsed by Canadian employer organizations, such as the CFIB, Restaurants Canada, and the Canadian Manufacturers & Exporters.

Second, I would like to address the government's latest attack on refugee claimants. Having been overruled by the courts on their previous attempt to deny claimants proper medical care, the Conservatives now wish to make it easier for provincial governments to deny them social assistance. It is a harsh and punitive policy that certainly should not be buried in an omnibus budget bill.

Third, there is the restructuring of the Public Health Agency of Canada. The government would demote the position of chief public health officer, a move that would carry potential risks for the health of Canadians. At the finance committee, we heard from experts about how the Public Health Agency was created in the aftermath of Canada's SARS crisis. They told us that the chief public health officer was deliberately, at that time, made a deputy head so as to have the necessary power and autonomy to work with the provinces and effect change. The omnibus bill would undo much of that good work.

This omnibus bill also attempts to clean up the mess and correct some of the errors contained in previous Conservative omnibus bills. For example, in the last omnibus budget bill, Bill C-31, the Conservatives forgot to include a tax credit for interest on Canada apprentice loans. In the same bill, they forgot to include foreign money-service businesses as foreign entities in measures under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

The Conservatives also forgot to introduce a refund for duties paid on destroyed tobacco products when they hiked these duties in Bill C-31. As well, they forgot to subject pooled registered pension plans to the same GST rules as registered pension plans in previous legislation.

There is a litany of forgetting, and it is an unfortunate result of not just a lack of competence and attention to the detail, the nitty-gritty of government or economic management, but also the design flaw of the overall approach of putting all these changes in a budget omnibus bill and denying the appropriate committees of Parliament to both review and vote on measures pertaining to their area of public policy and expertise.

In this litany of forgetting things, the government may actually be forgetting about the needs of Canadians. However, I do not think Canadians will forget about the failings of the current government come the next election.

Principal among those failings is a lack of consultation, which is clearly evident in this omnibus bill. The government did not consult with aviation groups when changing the rules around aerodromes. It did not listen to Canada's only international cable-laying company when excluding cable laying from the definition of international shipping. It did not listen to the provincial governments when pressing ahead with measures aimed at denying social assistance to refugees.

The Canadian people have made it clear that they need economic growth and employment, and they need growth and jobs to be an absolute priority for the government. Unfortunately, the government is out of touch with Canadians' needs and aspirations, and it is certainly doing nothing to create growth and prosperity.

For example, consider the government's new income-splitting scheme, which will cost $2.4 billion this year. It benefits only 14% of Canadians, the most privileged of Canadians. The measure completely overlooks single parents and parents who happen to both make similar incomes.

The late Jim Flaherty had doubts about it, and he expressed them clearly. These are the words of the late Jim Flaherty:

I think income-splitting needs a long, hard analytical look...to see who it affects and to what degree, because I’m not sure that overall, it benefits our society.

If the Conservatives followed his advice and took a long, hard look at income splitting, they would see that it does nothing to really create growth and prosperity, and does nothing to help a lot of the Canadian families that need the help the most. It also puts the government more deeply in deficit this year. The government would already project a surplus, or be close to a surplus this year, if it were not for this income-splitting scheme, which actually puts us back into a deficit situation.

While the Conservatives are borrowing to benefit a small and relatively well-off segment of the population through income splitting, they are neglecting a vulnerable group that has served Canadians with true patriotism and valour; that being our veterans.

In addition to closing Veterans Affairs offices, the government lapsed $1.1 billion that was earmarked to invest on behalf of veterans. Instead of following Parliament's direction and using those funds to take care of our veterans, the government clawed that money back for the federal treasury.

Meanwhile, the government skimped on much-needed mental health services for our veterans. In his recent report, the Auditor General found that 80% of veterans had to wait nearly eight months to find out if they were even eligible for long-term mental health services, and the other 20% had to wait even longer than that.

This is callous treatment by a government that likes to lionize the military, but will not treat individual veterans or their families with care and respect. The Conservative government is even trying to argue in the courts now that it does not have a sacred obligation to those who served in the Canadian Armed Forces.

A Liberal government would have a very different agenda than the current government, economically and socially. We believe that members of the Canadian Armed Forces and veterans should have nothing less than the best of care and support from a grateful nation and government. Our goals would be fair treatment for all members of society and the strengthening of Canada's middle class through an agenda of jobs and growth.

We would grow the economy in a way that would benefit all Canadians, investing significantly in infrastructure, innovation and trade. We would partner with the provinces and Canadian municipalities. We would work with progressive investors, including, potentially Canada's pension funds, to invest significantly and massively in infrastructure. We would follow some of the lead of countries like the U.K. and Australia. This year, Australia is investing $13 billion of federal money into infrastructure. It is leveraging with the state governments and with pension funds to create $60 billion of new investments in infrastructure.

We have the capacity, through a forward-thinking and innovative infrastructure agenda, to create jobs and growth in the short term during this time of secular stagnation and slow growth and soft employment. We can create jobs and growth in the short term, but we can also render our economy more competitive in the long term by addressing Canada's crumbling infrastructure needs.

The reality is that we probably have the best opportunity in our lifetime to actually invest in infrastructure. We have bond yields at historic lows, real interest rates actually negative, a crumbling infrastructure and soft employment market, and a slow growth economy. Put those factors together and there is little wonder why people like David Dodge, or the OECD or the IMF are saying that countries like Canada ought to be investing significantly in infrastructure.

This is no time for the government to do what it did in the last budget; that is, cut planned infrastructure spending by 89% in order to achieve a notional surplus on the eve of an election.

Infrastructure spending needs to be significant, it needs to be consistent, it needs to be long term in nature, not just around electoral scheduling.

We would invest, as a government, in getting better labour market information to provide a clear understanding of the skills mismatch to the situation of jobs without people and people without jobs, address labour shortages and, at the same time, give opportunities to young Canadians who need work.

There are 200,000 fewer jobs for young Canadians today than before the downturn. One of the things we need in Canada is better labour market data. We need to invest in organizations like Statistics Canada. We need to ensure that young Canadians and their families know more about what the jobs of today look like and what the jobs in the future will look like. We need to get better data and we need to make that data available in a user-friendly format for young Canadians, starting in junior high school, such that they can start thinking long term, not just what they want to do but what those jobs actually pay so they can get a job that will provide them with the means to have a place of their own. There has never been a time, in recent history, when we have seen more young Canadians living at home, on the sofa in the basement, because they simply cannot get work to financially sustain themselves.

One of the drivers of high levels of personal debt for Canadian families right now is the direct financial subsidization of adult children who cannot get a job or cannot get jobs that will actually financially sustain them. Canadian families today are seeing record levels of personal debt—$1.65 for every $1.00 of annual income—as parents and grandparents directly financially support young people who have skills, who have good educations, but whose skills do not match current labour market needs. We need to close that gap and part of it is simply providing good information to young Canadians as they are planning their career and their lives, and informing them as to the types of jobs, professional trades, that can provide them with the capacity to support themselves into the future.

We need to work with the provinces to restore the honour and respect paid to professional trades. We have seen a diminution in the respect for professional trades over the last 30 years. We need to reverse that because we know there is a shortage of skilled trades and an opportunity for young people, if they are given the correct information, to choose paths in skilled trades, I think we will see more young people doing that.

We also need to invest more in training and apprenticeships. We need to track unpaid internships, for instance. We have asked the government to mandate Statistics Canada to track unpaid internships. We have been told that there is more use of unpaid interns today than ever before. It is kind of a supply and demand issue.

There are a lot of young Canadians who are desperate for work, desperate for the experience they need to start off their careers, who simply cannot find work. The issue with unpaid internships is that it can deepen inequality of opportunity significantly because only children from privileged families can afford to work for no pay. In other words, it is more likely a child from a privileged family will actually get a good start and get some work experience.

This has tremendous long-term impacts on equality of opportunity. We have learned from a recent report of the IMF that in fact inequality of opportunity is not just a social issue; it impedes economic growth. That is why issues like unpaid internships and income inequality are important and why we should, at the very least, not make the situation worse with a tax change that has the capacity to deepen inequality, like income splitting.

We also need to recognize that over the last 30 years the nature of work and training has changed, not just in Canada but throughout the industrialized world. The old days where one could get a degree, or a diploma, or trade and be set for life and never have to go back to school, university or college, are over, in the same way that working for 30 years, retiring with a gold watch and defined benefit pension plan is largely behind us.

We need to update and modernize our Canada student loans program as part of a suite of support for not just young people as they graduate from high school to get their education, but as they move forward through multiple decades of their careers and lives. There is nothing really there for people in their 30s who have young families, who find that their skills do not match the current job market. It is very difficult for them to finance the education and training they need to get a job to support their families at that time. It would be good for productivity and competitiveness, and jobs and growth, if we worked with people throughout their careers and life cycles to help them get the skills they needed during that entire period.

We also believe it is important that we go back to evidence-based decision making, as opposed to the Conservatives' decision-based evidence making, when we are crafting public policy. What we may think, based on an ideological perspective, is the right thing to do, when exposed to the bright light of fact and information, we may be surprised. It is important that we get the best possible information and data, whether scientific or statistical.

We live in an age of big data. Smart companies and smart governments are investing massively in knowing more about their customers and the demographic trends and how to prepare for them. There is only one organization I can think of globally that has deliberately chosen over the last 10 years to both reduce the quality and quantity of data it collects, and that is the Conservative government. It is an ideological perspective that is wrong headed.

Instead of dividing Canadians with ideologies, a Liberal government would unite Canadians with ideas, based on fact, creativity, imagination and innovation, to create the jobs and growth that Canadians need.

Economic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 5:15 p.m.


See context

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it is my pleasure to rise today to oppose the main motion at report stage of Bill C-43, which purports to be a budget implementation bill, but we know that it is anything but.

As is the habit of my colleagues across the way since they have been in government, they bring forward omnibus bills. Buried in those bills are usually totally unrelated matters, unrelated pieces of legislation. Later on, if we oppose a few of those measures, we end up having to vote against the whole piece of legislation. Then the Conservatives get to stand up and say “Gotcha.” Well, “gotcha” does not work in this case.

Since being elected with a majority, the Conservatives have moved 2,190 pages of omnibus bills. In all that time, they have accepted one amendment from the opposition, which by the way was a very technical tax amendment to Bill C-31, in 2014, put forward by the NDP.

Among all those pages, 2,190 pages, are buried changes to the temporary foreign worker program and EI access. Just name it; it is all in there. There are also many changes to environmental issues, to airports, and all kinds of things I could list for hours, but I do not have the time.

What it points to is a government that absolutely has very little respect for parliamentary democracy. If it did, it would bring in pieces of legislation it was proud of. It would put them here, and it would let us debate them. Not only that, but once the government brings in omnibus bills, what does it do? It moves time allocation and does all kinds of other things to end debate.

We are not the only ones saying that. Conservative commentator Andrew Coyne, in the National Post, on April 30, 2012, wrote, on omnibus budget bills:

Not only does this make a mockery of the confidence convention — shielding bills that would otherwise be defeatable within a money bill, which is not — it makes it impossible to know what Parliament really intended by any of it. We’ve no idea whether MPs supported or opposed any particular bill in the bunch, only that they voted for the legislation that contained them. There is no common thread that runs between them, no overarching principle; they represent not a single act of policy, but a sort of compulsory buffet....

...there is something quite alarming about Parliament being obliged to rubber-stamp the government’s whole legislative agenda at one go.

That is where disrespect for our parliamentary democracy comes in.

I want to remind us all that in 1995, the Prime Minister, when he was in opposition, had this to say:

....in the interest of democracy I ask: How can members represent their constituents on these various areas when they are forced to vote in a block on such legislation and on such concerns?

We can agree with some of the measures but oppose others. How do we express our views and the views of our constituents when the matters are so diverse?

I am standing here asking myself and my colleagues across the way that same question: How can we represent our constituents and fully debate and then vote on disparate matters, instead of being forced to vote on these huge omnibus bills?

Buried in this bill is the temporary foreign worker program, which is broken. I think everyone has admitted to that. Instead of fixing it piecemeal, when the government is caught, usually by the media or the opposition, what it does is tweak it a little bit more. There is another tweak in this bill. It talks about enforcement. First of all, it is a shocker that enforcement was not in place. Second, what will this enforcement look like? We are being told it is going to be mainly administrative, on paper.

I have little confidence that the government will be able to deliver what is promised in this bill, because at the same time that it has made cuts to Service Canada, there is more work being assigned in that area. Where are the resources?

It is easy to stand here and speak against what we do not like, but let me tell members what I would like to have seen in this budget bill.

I would like to have seen a pan-Canadian child care program that would ensure families had access to regulated, quality child care spaces for less than $15 a day. That is the kind of vision people are looking for from their government, because from coast to coast to coast we are hearing from families who are struggling to find child care spaces, and those who can find them discover that the costs are a burden. Some costs are as high as $2,000 a month. For most families, that is just not doable. That is the kind of program I would liked to have seen in the budget, instead of all these announcements about providing an extra $60 a month. An extra $60 a month does not even buy a day's worth of child care, nor does it help to create additional child care spaces, so there once again we have smoke and mirrors from my colleagues across the way.

I would also like to have seen a real plan in this budget to address the very high youth unemployment. I am sure members have heard from young people who have finished university, have left after high school, or have gone into other kinds of post-secondary education that they cannot find jobs once they graduate, yet some of the jobs that they could get into are being filled by temporary foreign workers. It should be a major concern to every parliamentarian when the youth unemployment rate in some of our cities is at double digits and in the high teens. That is a major concern, and I do not see an action plan or a commitment in this budget to address that issue head-on and in a serious way.

We have recently heard that young people who want to get a job after graduating and who have a huge student debt should find volunteer work and work for nothing. Not everyone can do that. That is one of the other areas I hoped we would see our government address, but once again it receives a failing grade. In this legislation it has failed to crack down on the abuse of unpaid internships to ensure that young people are paid for the work that they perform.

We all know the difference between volunteering and unpaid internships. We are talking here about unpaid internships. There may be the distant hope of a job, yet some young people are working full time without any pay. At another time in our history, we had words for that kind of labour. We should really be addressing that situation, because young people are facing major challenges.

The other provision I would have liked to have seen in this legislation is a relaxation around some of the barriers that the government has put forward to restrict access to employment insurance by the unemployed. People pay into it, and they need to access it when they are unemployed. However, we now see that the access rate has gone down incredibly for many of the unemployed in Canada. Many of them feel duped by their government, and there is nothing in this legislation to say that future Conservative or Liberal governments would not take money out of that fund that workers and employers have paid for and use it for other nefarious activities that they want to conduct.

I would say that this budget fails Canadians.

Economic Action Plan 2014 Act, No. 2Government Orders

October 29th, 2014 / 4:20 p.m.


See context

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, I rise this afternoon to speak to the latest Conservative omnibus bill. This bill is a product of a tired, old Conservative government that has lost touch with the challenges and opportunities of Canadians.

Bill C-43 is overflowing with changes that have no place in a budget bill, such as the petty change the Conservatives want to make to deny refugee claimants access to social assistance.

The Conservatives are actually using Bill C-43 in an effort to deny income support to refugee claimants, right after their attempt to limit refugee claimants' access to health care was struck down by the Federal Court. The court called that Conservative policy “cruel and unusual treatment” that “outrages (Canadians') standards of decency.”

A recent editorial in The Globe and Mail called this bill “an abuse of process and shown contempt for Parliament by subverting its role”. The Globe is right. It is anti-democratic for the Conservatives to once again use a massive omnibus budget bill to limit debate and ram through so many unrelated measures in Parliament.

In the last few years, the Conservatives have concocted and implemented a process that prevents MPs from all parties from doing their jobs in properly scrutinizing legislation. This is leading to a lot of sloppy mistakes. The Conservatives' general disdain for Canada's democratic institutions and their outright contempt for Parliament have led to countless errors being cemented into Canadian law.

This bill would try to fix a number of previous Conservative mistakes. I would like to give members a few examples of areas where the Conservatives are trying to use this omnibus bill to fix errors in previous bills.

First, the Conservatives forgot to include a tax credit in the last omnibus budget bill, Bill C-31, for interest paid on Canada apprentice loans. The Conservatives try to fix that in clause 35 of Bill C-43.

The second is that the government forgot to ensure that PRPPs are subject to similar GST treatment as RRSPs. The fix for that is found in part 2 of Bill C-43.

Third, they forgot to include a refund in Bill C-31 for duties paid on destroyed tobacco products. That correction is in Bill C-43, part 3.

Fourth, they forgot to change a legal heading when the Conservatives used Bill C-19 to transfer spending powers from the Minister of Foreign Affairs to the Minister of Citizenship and Immigration. The Conservatives gave all of the powers in that section of the law to the immigration minister, but still named the section “Minister of Foreign Affairs”.

Fifth, they forgot in Bill C-38 to allow the Minister of Industry to publicly disclose certain information regarding the review process.

Sixth, they forgot in Bill C-31 to include foreign money services businesses as foreign entities under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

Seventh, they ignored expert advice and capped the size of the Social Security Tribunal in Bill C-38, leading to massive backlogs in the system.

Eighth, they failed to realize in Bill C-4 that the amalgamation of the Blue Water Bridge Authority might not go as planned.

Ninth, they created confusion in Bill C-4 with various amendments related to public service labour, including a reference to the wrong clause number.

Tenth, they forgot in Bill C-45 to coordinate between RCMP pension rule changes in Bill C-42 and rule changes that raised the age for public service pensions in Bill C-45.

There are 10 examples of the the mistakes the Conservatives made in the previous bill that they are trying to fix in this omnibus bill.

The fact is that the Conservatives' game plan of limiting debate and ramming these bills through Parliaments is responsible for creating these mistakes. Parliament is denied its legitimate role to identify these flaws in the process of real parliamentary debate at committee and in the House and fixing them.

The reason these mistakes are made in the first place is because of the deeply flawed process surrounding omnibus legislation.

I would like to talk a bit today about tax policy, GST, EI, and the income-splitting proposal that the Conservatives had in their last platform.

Bill C-43 actually adds GST to some goods and services that are used by or provided by non-profit organizations operating health care facilities. When we asked officials for an example of what kinds of service might get caught up in this GST hike, the example they provided was of a health care facility that also runs a residential apartment building, such as an old age home. Adding GST to services purchased by or provided by old age homes means one of two things: either it will cut into the bottom line of the health care facility, or the old age home will have no choice but to pass the tax hike on to the people they serve. In the case of an old age home, it means that the government is getting ready to hike the GST and punish Canadian seniors, who are already struggling to get by on a fixed income.

In terms of employment insurance, Bill C-43 also gets it wrong. Bill C-43 offers a small EI tax cut to employers, but only if they agree to stay small. Instead of creating real jobs and growth, Bill C-43 would actually encourage businesses to stay small and would punish them if they grow and become more successful. Due to a design flaw in Bill C-43, the so-called small business job credit creates an incentive for some businesses to fire workers. That is why economist Jack Mintz has called it “a disincentive to growth” and why economist Mike Moffatt said “...the proposed ‘Small Business Job Credit’ has major structural flaws that, in many cases, give firms an incentive to fire workers and cut salaries.”

Even Finance Canada officials last night acknowledged that this tax credit creates a disincentive for some employers to hire.

Last month the PBO looked at this tax credit and found that it will only create 800 jobs over the next two years, at a cost of $550 million. That means it will cost taxpayers almost $700,000 per job.

In response to the need to encourage businesses to hire and to reduce EI premiums for businesses that do that or reward businesses that hire, the Liberals have proposed an EI holiday for new hires. This plan would only reward businesses that actually create jobs. The Liberal plan has been endorsed by Canadian job creators, including the Canadian Manufacturers & Exporters, which has said that the Liberal plan for an EI exemption for new hires “would create jobs”. The Restaurants Canada organization, representing restaurants across the country, said “This...proposal for an EI exemption for new hires would help restaurants create jobs.” The CFIB said it loves the Liberal plan to exempt small business from EI premiums for new hires, which has lots of job potential.

The same PBO report that looked at the Conservatives' tax credit and identified the flawed program that would cost $700,000 per job also identified that the Conservatives are collecting billions of dollars in excess of taxes in EI over the next two years and that the Conservatives actually have the capacity to cut EI premiums significantly.

The PBO estimates that artificially high EI rates under the Conservatives will cost the Canadian economy 10,000 jobs over the next two years. That is 10,000 more Canadians who will be out of work over the next two years because the Conservatives are using artificially high EI premiums to pad the books to fund pre-election spending. The Conservatives are ignoring the evidence and putting Conservative politics ahead of the Canadian economy and ahead of the interests of Canadian workers and employers.

Speaking of ignoring the evidence, the Conservatives appear ready to go ahead with their flawed income-splitting scheme that was introduced in their last platform. The idea that the Conservatives were putting forth in their last platform has been panned by everyone from the C.D. Howe Institute and the Canadian Taxpayers Federation to the Mowat Centre and the Canadian Centre for Policy Alternatives. It was even panned by the late Jim Flaherty himself.

It is being panned because, as articulated in their platform, fewer than 15% of Canadian households would benefit, most of them high-income households, at a cost of $3 billion per year to the federal treasury and another $2 billion per year to provincial governments. Provincial governments, as we know, are facing deficits and huge fiscal challenges.

Under the Conservatives' scheme, the Prime Minister, earning $320,000 a year and with a stay-at-home spouse, would save about $6,500 per year. Meanwhile, a Canadian earning the average industrial wage and with a stay-at-home spouse would save less than $10 per week, and most households would get no benefit whatsoever.

We have a different approach. The Liberal approach is that we need to build a plan for 2015 that would be focused on creating jobs and growth to strengthen the Canadian middle class. The status quo is not working. The current federal government is so preoccupied with day-to-day politics that it has lost track of and is out of touch with the challenges and opportunities facing Canadian families. Those are challenges such as aging demographics and a slow-growth economy, which some refer to as secular stagnation. Baby boomers are rapidly approaching retirement age, and as they exit the workforce, they will leave a shrinking tax base and labour shortages in their wake. They will also place a greater strain on health care systems as they age. We will end up with more Canadians using the social safety net and fewer Canadians paying into it. These demographic pressures are leading economists to predict that slow economic growth could become the new normal.

The Canadian economy, frankly, is already sputtering under the Conservatives. Job growth over the last two years has been extremely weak, consumer debt is high, infrastructure is in disrepair, and housing prices in our cities are inflated. Last year the Canadian economy created a paltry 5,300 net new full-time jobs across the country. The percentage of Canadians working today is still two full points lower than before the downturn. There are 200,000 more jobless Canadians today than before the downturn, and the number of Canadians who are considered long-term unemployed is twice that of 2008. More than 150,000 Canadians are unemployed and have been searching for work for a year or longer. As we all know, the longer they are out of the workforce, the harder it is for them to get back in.

On the other end of the spectrum, we have young Canadians who simply cannot get their foot in the door of the Canadian labour market. Recent grads are facing huge challenges. There are 200,000 fewer jobs for young Canadians today than before the downturn, before 2008. Persistently high youth unemployment and under-employment is robbing a generation of people of opportunities they need to succeed. TD economist Craig Alexander and CIBC economist Benjamin Tal describe a scenario of a lost generation of Canadian youth and a lost generation of potential for all Canadians.

This is despite the fact that this generation is the most technologically adept, most educated generation in our nation's history, and therein lies the challenge we face. There is a gap between the education they have and the job market. We have people without jobs and jobs without people.

Too many Canadians in their twenties are left saddled with big student loans and are unable to make ends meet. All too often, it is their middle-class parents and grandparents who are footing the bill. Among the hardest hit are Canadians who are actually squeezed between helping their adult children pay the bills and taking care of their aging parents at the same time, the sandwich generation. In many cases these parents in their forties, fifties, and sixties are taking on additional debt or dipping into their retirement savings. In fact, this is one of the things that is driving record levels of personal debt, which is about $1.65 for every dollar of annual income. According to the Canadian Financial Monitor, Canadians who are 55 years of age or older are two and a half times more likely to refinance their mortgage if they have children than if they do not have children. Their average household debt is twice that of their childless peers.

Meanwhile, many younger families do not actually have a mortgage to refinance. Instead, they are being priced out of the housing market altogether.

On this front, the Conservative government must share at least part of the blame for the high housing prices in Canada and commensurate personal debt. It was the Conservative government, in budget 2006, that brought in 40-year mortgages with no down payment. It introduced them for the first time in Canada. It had an effect, because in the first half of 2008, more than half of all new mortgages in Canada were 40-year mortgages, and 10% of those had zero down payment.

The Conservatives shifted Canada's borrowing culture and lending culture, and that shift has helped fuel record levels of housing prices commensurate with that household debt. They have since reversed course and returned to the norm that was the case under Liberal governments in the past, meaning 25-year mortgages with at least 5% down. However, it is important to recognize the Conservatives' culpability in bringing 40-year mortgages with no down payments into Canada and helping fuel record levels of personal debt related to skyrocketing housing prices.

From the OECD and the IMF to the Bank of Canada, one thing on which Canadian and international economists agree is that elevated housing prices and household debt pose a big domestic threat to our economy. These elevated housing prices have helped widen the generational divide between those on the one hand who have watched the value of their house appreciate and in some cases have tapped into that equity to help fund consumption, and those on the other hand who cannot afford to even enter the housing market.

We are seeing greater income inequality in Canada, and fewer Canadians now think of themselves as being middle class. In fact, the number of Canadians who self-identify as middle class has dropped from 64% in 2009 to 47% in 2014. Even more troubling is that for the first time in recent history, more Canadians now believe that the next generation, their children and grandchildren, will be worse off, not better off, than they are today. That is the first time this has happened in Canada.

What we need is a federal government that will rise to meet these big challenges facing our country: aging demographics, slow growth, soft job market, and high levels of youth unemployment and underemployment. These are all challenges, but they also represent opportunities. I will give one specific challenge to our country that is a big social and economic challenge but that also represents an opportunity if we can get it right.

Over the next 10 years, there will be about 400,000 young aboriginal and first nation Canadians who will be of workforce age. If they have the skills they need for the jobs of today, that would be really good for our economy. If they do not, it represents a demographic, economic, and social time bomb for our country.

The reality is that we have failed collectively as governments at all levels to address this challenge. If we take it seriously, young aboriginal workers can be part of a Canadian growth and economic success story. We have to get it right. We have to take these issues seriously.

Liberals believe that sustainable growth and a focus on creating jobs, growth, and opportunities is the best way to benefit Canadian middle-class families and to restore hope to them. We believe we need to invest in infrastructure, training, innovation, and trade, and we believe that we need to keep our competitive tax rates.

Bill C-43 does nothing to grow the Canadian economy, and it ignores the very real challenges of the middle class and of young Canadians.

In a very short period of time, potentially within days, we will be seeing a fall economic statement. We hope the government chooses to invest in the future by investing in infrastructure, in training, and in young Canadians. We need the government to do so, and if this government does not, a future Liberal government will.

PrivacyAdjournment Proceedings

September 23rd, 2014 / 7:45 p.m.


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South Shore—St. Margaret's Nova Scotia

Conservative

Gerald Keddy ConservativeParliamentary Secretary to the Minister of National Revenue and for the Atlantic Canada Opportunities Agency

Mr. Speaker, if the hon. member wants an answer, then she can only ask one question. She has about 15 questions there, so she would need several answers to answer them all. Her original question that started this late show was on the privacy requirements around Canada Revenue Agency.

There are occasions when government officials, in the course of their ordinary duties, may become aware of information that they think could be evidence of serious criminal activity. In such instances, most government officials are able to contact law enforcement with their findings and let the police take it from there. However, prior to June 19, the strict confidentiality provisions in the Income Tax Act, the Excise Tax Act, and the Excise Act, 2001, for the most part prohibited Canada Revenue Agency officials from communicating such evidence to law enforcement authorities.

Our government, in response to that, and as part of economic action plan 2014, amended the relevant legislation to allow the CRA to disclose some taxpayer information to law enforcement agencies in very specific, relevant circumstances if the information was related to serious criminal activity. This change reflects a 2010 recommendation from the Organisation for Economic Co-operation and Development, the OECD. It permits the CRA to provide taxpayer information to an appropriate police organization when there are reasonable grounds to believe that the information could provide evidence of specific serious offences such as drug trafficking, terrorism, child pornography, and contracts for the commission of murder. Those are all serious crimes that all Canadians would agree are reprehensible and should be shared with law enforcement.

There seems to be some confusion among members of the opposition about the intentions and goals of the changes to Bill C-31. Our government takes the protection of Canadian taxpayers' information extremely seriously. We appreciate the confidence and the trust that individuals and businesses place in CRA as a cornerstone of Canada's voluntary tax system. However, we also believe that not being able to report evidence of a possible serious criminal offence is at odds with the value Canadians place on the principles of justice, fairness and support for the victims of crime.

Let me be clear. If a CRA employee detects evidence of serious criminal activity in the normal course of his or her duties, relevant information may only be shared with police if authorized by legislation. The law is very specific about the narrow set of circumstances that would allow such information to be shared. CRA officials take their responsibilities to apply due diligence to such a sensitive matter extremely seriously, and I have full confidence they will carry out this responsibility with the highest level of professionalism and discernment.

Quite frankly, I find it extraordinary that the member opposite would not favour such common-sense reforms to protect the public. Is she advocating that in the course of his or her duties, a CRA auditor who uncovers evidence of a commission of a criminal offence of drug trafficking, child pornography or a commission to commit murder, because of the legislation as it exists, that person should not be able to share that with relevant police organizations? That is what she is suggesting.

PrivacyAdjournment Proceedings

September 23rd, 2014 / 7:40 p.m.


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NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, on May 30, I asked the government why the Conservatives had such little respect for Canadians' right to privacy, a fundamental right, an immutable respect and non-negotiable right. According to documents we have obtained, we know that the Canada Revenue Agency committed roughly 3,000 privacy breaches and data breaches against Canadians in less than a year. That means there were more breaches at the Canada Revenue Agency this year than in all the departments combined since 2006, or when the Conservatives came to power. That is not trivial.

The changes the Conservatives are proposing would allow employees of the Canada Revenue Agency to hand over taxpayers' private information to the police without authorization from any sort of warrant. It is as though the Conservatives want to reward the Canada Revenue Agency for its mismanagement of private information, as we saw in recent scandals. Data breaches at the Canada Revenue Agency, the systematic collection of private information at airports and the passage of legislation facilitating access to private information without a warrant reinforce the perception that the government does not respect the right to privacy and that it is also opening the door to abuse with ill-conceived legislative reform.

The government introduced a series of bills that, according to experts, could have serious repercussions on Canadians' privacy. Indeed, Bill C-13, Bill S-4 and Bill C-31 enshrine a number of controversial practices in law.

The Office of the Privacy Commissioner of Canada has been sounding the alarm since last May. After revealing that the federal government is collecting vast amounts of personal information from telecommunications companies, the Privacy Commissioner's office then revealed that the federal government is also collecting personal information about Canadians from social networks.

Bill C-13 on cybercrime and Bill S-4 on the protection of digital information would allow telecommunications companies to provide personal information to other companies or law enforcement officials without a warrant. That is a very significant and serious issue.

I would like to quote a professor and intelligence expert from Laval University, Stéphane Leman-Langlois, who believes that Canadians should be very concerned. He said:

We can all agree that there is not very much privacy on the Internet, but still, there are some very weak protections in place. However, rather than strengthening privacy, which of course would be the best thing to do, the government is bombarding us with bills that will reduce those protections...

That is what is happening on the Conservatives' watch. They are reducing these protections and eroding respect for Canadians' privacy. As I said on a number of occasions, this truly is an intrusion into people's lives. That is very worrisome. We spoke about it last May, and I would like to talk about it again this month, now that Parliament is back in session, because it is really important.

The government did away with Statistics Canada's long-form census because it was too intrusive, but it has no problem allowing private companies to impinge on the privacy of millions of Canadians. That is completely hypocritical.

To shed some light on the consequences of these privacy bills, the NDP is asking for the creation of an independent panel of experts to examine how the government is using and storing Canadians' communications data.

Obviously, I am asking my colleague opposite to respond to this proposal. Does he intend to follow the NDP's recommendation and set up an independent panel of experts so that Canadians can be reassured with regard to their right to privacy, an immutable and fundamental right that all Canadians hold dear?

Time Allocation MotionPrivilegeRoutine Proceedings

September 15th, 2014 / 3:35 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am pleased to rise today on this question of privilege about closure.

I am rising at my first opportunity on this question of privilege, given that between the Speech from the Throne in October and when we adjourned June 20, there had been 21 occasions on which closure of debate occurred, and I maintain that the exercise of my rights and the rights of my colleagues in this place have been obstructed, undermined, and impeded by the unprecedented use of time allocations in the second session of the 41st Parliament.

Mr. Speaker, in presenting this fairly legal argument to you, I propose to leave out page numbers and citations because I have prepared a written version of this for your office and I hope that will be acceptable to you that I skip page numbers in this presentation. Hansard may not have the numbers of the debates, but I hope there is enough context so people can find them.

I belive this excessive use of what is often called “guillotine measures” is a violation of the rights of all members of Parliament, but I would like to stress that there is a disproportionate impact on members such as me who are within either smaller parties, that is less than 12 members, or who sit actually as independents, because in the roster of recognizing people in their speaker slot, quite often those of us in the smaller parties or independents simply never get to speak to the bills at all.

My question, Mr. Speaker, bears directly on what your predecessor said in this place on April 27, 2010. He said, “...the fundamental right of the House of Commons to hold the government to account for its actions is an indisputable privilege and in fact an obligation.”

In the autumn of 2011, in a ruling concerning the member for Mount Royal, Mr. Speaker, you yourself said that to constitute a prima facie case in regard to matters of obstruction, interference, molestation or intimidation, you need to “...assess whether or not the member's ability to fulfill his parliamentary [activities] has been undermined.” At that moment in the same Debates, you had the occasion to reflect on “...the Chair's primordial concern for the preservation of the privileges of all members,...” and you added, “As your Speaker, one of my principal responsibilities is to ensure that the rights and privileges of members are safeguarded, and this is a responsibility I take very seriously.”

I now have occasion to turn to other words that will guide us in this matter. From the Supreme Court of Canada in the Vaid decision, in the words of Mr. Justice Binnie, speaking for the court, he outlined the scope of parliamentary responsibility and parliamentary privilege for the management of employees and said, “Parliamentary privilege is defined by the degree of autonomy necessary to perform Parliament’s constitutional function.” He went on to say at paragraph 41 of that Supreme Court of Canada judgment:

Similarly, Maingot defines privilege in part as “the necessary immunity that the law provides for Members of Parliament, and for Members of the legislatures of each of the ten provinces and two territories, in order for these legislators to do their legislative work”.

I would repeat and emphasize that, because although the Vaid decision was on a different fact set, Mr. Justice Binnie spoke to our core responsibility as parliamentarians when he said that we must be able, as legislators, to do our legislative work.

Mr. Justice Binnie continued in the Vaid decision to say:

To the question “necessary in relation to what?”, therefore, the answer is necessary to protect legislators in the discharge of their legislative and deliberative functions, and the legislative assembly’s work in holding the government to account for the conduct of the country’s business. To the same effect, see R. Marleau and C. Montpetit...where privilege is defined as “the rights and immunities that are deemed necessary for the House of Commons, as an institution, and its Members, as representatives of the electorate, to fulfill their functions”.

Mr. Justice Binnie went on to find further references in support of these principles from Bourinot's Parliamentary Procedure and Practice in the Dominion of Canada.

These are fundamental points. The purpose of us being here as parliamentarians is to hold the government to account. It is obvious that no legislative assembly would be able to discharge its duties with efficiency or to assure its independence and dignity unless it had adequate powers to protect itself, its members, and its officials in the exercise of these functions.

Finally, Mr. Justice Binnie—again, for the court—said at paragraph 62, on the subject of parliamentary functions in ruling that some employees would be covered by privilege, that coverage existed only if a connection were established between the category of employees and the exercise by the House of its functions as a legislative and deliberative body, including its role in holding the government to account.

As I said earlier, this approach was supported by your immediate predecessor. In a December 10, 2009 ruling, the Speaker of the House, the Hon. Peter Milliken, said that one of his principal duties was to safeguard the rights and privileges of members, and of the House, including the fundamental right of the House of Commons to hold the government to account for its actions, which is an indisputable privilege, and in fact an obligation.

It is therefore a fundamental principle of Westminster parliamentary democracy that the most important role of members of Parliament, and in fact a constitutional right and responsibility for us as members, is to hold the government to account.

The events in this House that we witnessed before we adjourned on June 20, 2014, clearly demonstrate that the House and its members have been deprived of fulfilling constitutional rights, our privilege, and our obligation to hold the government to account, because of the imposition of intemperate and unrestrained guillotine measures in reference to a number of bills. Over 21 times, closure has been used.

It is only in the interest of time that I am going to read out the numbers of the bills and not their full description. Bill C-2, Bill C-4, Bill C-6, Bill C-7, Bill C-13, Bill C-18, Bill C-20, Bill C-22, Bill C-23, Bill C-24, Bill C-25, Bill C-27, Bill C-31, Bill C-32, Bill C-33, and Bill C-36 were all instances where closure of debate was used.

In many of the instances I just read out, and in the written argument I have presented, closure of debate occurred at second reading, again at report stage, and again at third reading. The limitation of debate was extreme.

A close examination of the guillotine measures imposed by the government demonstrate that the citizens of Canada have been unable to have their elected representatives adequately debate the various and complex issues central to these bills in order to hold the government to account. Members of Parliament have been deprived and prevented from adequately debating these measures, through 21 separate motions for time allocation in this session alone. It undermines our ability to perform our parliamentary duties.

In particular, I want to again highlight the effect that the guillotine motions have on my ability as a representative of a smaller party, the Green Party. We do not have 12 seats in the House as yet, and as a result we are in the last roster to be recognized once all other parties have spoken numerous times. Quite often, there is not an opportunity for members in my position, nor for independent members of Parliament, to be able to properly represent our constituents.

Again, I should not have to repeat this. Certainly you, Mr. Speaker, are aware that in protecting our rights, as you must as Speaker, that in this place we are all equals, regardless of how large our parties are. As voters in Canada are all equal, so too do I, as a member of Parliament, have an equal right and responsibility to represent the concerns of my constituents in this place, which are equal to any other member in this place.

As speaking time that is allotted to members of small parties and independents is placed late in the debates, we quite often are not able to address these measures in the House. This would be fair if we always reached the point in the debate where independents were recognized, but that does not happen with closure of debates. My constituents are deprived of their right to have their concerns adequately voiced in the House.

Political parties are not even referenced in our Constitution, and I regard the excessive power of political parties over processes in this place, in general, to deprive constituents of equal representation in the House of Commons. However, under the circumstances, the additional closure on debate particularly disadvantages those constituents whose members of Parliament are not with one of the larger parties.

Mr. Speaker, in the autumn of 2011, in your ruling considering the member for Mount Royal and his question of privilege, you said that one of your responsibilities that you take very seriously is to ensure that the rights and privileges of members are safeguarded. The principal right of the House and its members, and their privilege, is to hold the government to account. In fact, it is an obligation, according to your immediate predecessor.

In order to hold the government to account, we require the ability and the freedom to speak in the House without being trammelled and without measures that undermine the member's ability to fulfill his or her parliamentary function. As a British joint committee report pointed out, without this protection, members would be handicapped in performing their parliamentary duty, and the authority of Parliament itself in confronting the executive and as a forum for expressing the anxieties of citizens would be correspondingly diminished.

To hold the government to account is the raison d'être of Parliament. It is not only a right and privilege of members and of this House, but a duty of Parliament and its members to hold the government to account for the conduct of the nation's business. Holding the government to account is the essence of why we are here. It is a constitutional function. In the words of the marketers, it is “job one”.

Our constitutional duty requires us to exercise our right and privilege, to study legislation, and to hold the government to account by means of raising a question of privilege. This privilege has been denied to us because of the consistent and immoderate use of the guillotine in regard to 21 instances of time allocation, in this session alone.

This use of time allocation, as you know, Mr. Speaker, is unprecedented in the history of Canada, and infringes on your duty as Speaker to protect our rights and privileges as members. As you have said many times, that is your responsibility and you take it very seriously. However, these closure motions undermine your role and your duty to protect us. Therefore, it diminishes the role of Speaker, as honoured from time immemorial.

In fact, you expressed it, Mr. Speaker, in debates in the autumn of 2011, at page 4396, when you had occasion to reflect on “the Chair's primordial concern for the preservation of the privileges of all members..”, and when you added, “As your Speaker, one of my principal responsibilities is to ensure that the rights and privileges of members are safeguarded, and this is a responsibility I take very seriously.”

Denying the members' rights and privileges to hold the government to account is an unacceptable and unparliamentary diminishment of both the raison d'être of Parliament and of the Speaker's function and role in protecting the privileges of all members of this House.

In conclusion, I submit to you, Mr. Speaker, that the intemperate and unrestrained use of time allocation by this government constitutes a prima facie breach of privilege of all members of this House, especially those who are independents or, such as myself, representatives of one of the parties with fewer than 12 members.

Mr. Speaker, I appreciate your consideration in this matter. I hope you will find in favour of this question of privilege, that this is a prima facie breach of the privileges and rights of all members.

Combating Counterfeit Products ActGovernment Orders

June 19th, 2014 / 7:45 p.m.


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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I thank my colleague for his speech because, once again, he brilliantly explained certain aspects of this bill. As well, he told us about his personal experience, particularly in relation to copyright, which is important. Our creators should be paid and should receive royalties when they create.

My colleague also mentioned the current dysfunctional state of the House of Commons, in terms of the repeated gag orders imposed by the government. I would also like to note that in the monster bill, Bill C-31, the budget implementation bill, division 25 deals with amendments relating to international treaties on trademarks.

Could my colleague explain why the government did not split this bill? We could have examined this part of Bill C-31 in greater depth. I would like to hear his comments on that.

Red Tape Reduction ActGovernment Orders

June 19th, 2014 / 4 p.m.


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NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, before getting to the substance of my speech, I would like to say a few words about the fact that the NDP is the only party that takes advantage of all possible speaking opportunities in the House. As we know, we are sitting until midnight on weekdays to debate various issues.

The Conservatives must have missed about 200 opportunities to speak. The Liberals have also missed a lot. They are absent from the debates. I find that deplorable. It is really too bad that we are not using all the speaking and debate time we have to discuss and duly represent our ridings, voters, constituents and people.

As you know, I am the small business deputy critic. I therefore have the pleasure of speaking to Bill C-21, An Act to control the administrative burden that regulations impose on businesses.

Bill C-21 includes the one-for-one rule. This rule requires the government to eliminate a regulation every time it adopts a new one. The government must also offset any new burden on small businesses, that is, time and money spent by businesses to demonstrate compliance with amendments to existing regulations, in order to ease the burden for businesses.

In addition, Bill C-21 stipulates that the president of the Treasury Board may establish policies or issue directives respecting the manner in which the rule is to be applied. He may also make regulations respecting the period within which measures must be taken to comply with the regulations, the manner of calculating the cost of an administrative burden, how the law will apply to regulations changed when the one-for-one rule came into effect, and the power to grant exceptions.

Although Bill C-21 claims to reduce red tape for businesses, it will actually make the president of the Treasury Board the arbiter of eliminating regulations. A very important point here is that the government claims to deal with something that is actually not that simple. When we meet with small and medium-sized businesses, we know that they would really like to be able to reduce red tape. However, we must be careful because this bill claims to reduce red tape, but, in fact, it is giving yet another discretionary power to the president of the Treasury Board.

Personally, I remember seeing other similar bills whose intent is often to provide greater authority and greater flexibility. For instance, Bill C-31 was meant to give greater discretionary authority to the Minister of Citizenship and Immigration. However, when a minister is given greater discretionary authority, this means that the rules may be good for some, and not so much for others. That is when things begin to fall apart and then, ultimately, things begin to get far more complicated and a lot harder to track. The minister has the authority to say yes in some cases and no in others, when in reality, the situations are identical. We cannot clearly rely on the rules.

Unfortunately, we cannot trust the Conservatives; we have seen this in the past. They have a habit of deregulating without any regard for the health and safety of Canadians. These are vital issues; there is no denying that. The Conservatives, and the Liberals before them, did not manage to defend the regulations protecting the health and safety of Canadians.

I must refer to the events that allow me to say today that the Conservatives are not there when it comes time to regulate appropriately. I will now bring them up. It is not easy to talk about these tragic events, but I need to.

The Lac-Mégantic tragedy put the important issue of rail safety in Canada back on the agenda following decades of Liberal and Conservative deregulation.

Let us look at other issues such as the maritime search and rescue centre in Quebec City, which was ultimately kept open. For over two and a half years, the Conservatives wanted to close it down. After they threatened the centre with closure, they realized that what mattered was saving lives and that by looking to close the centre, they were endangering the lives of Canadians. In the next election, I will be sure to remind voters that the Conservatives hesitated for two and a half years. That is unacceptable. We cannot take shortcuts when people’s health and safety are at stake.

Let’s talk about another issue, again in Quebec City. As we know, the Port of Québec went through periods when the city’s air was contaminated with nickel dust. Once again, we need to ensure that there are regulations to protect the public. Normally, businesses are proud to be involved in making and enforcing regulations that benefit the public.

XL Foods was another big one. If the government cuts the number of food inspectors, such incidents should come as no surprise. There are fewer people on the ground doing inspections. When it comes to regulations, the government needs to think twice and make sure it is doing the right thing because it cannot make mistakes that could have a direct impact on the health and safety of Canadians.

In Bill C-21, only the preamble states that regulations affecting the health and safety of Canadians will not be affected. No mention is made of the environment. It is not in the bill at all.

The same thing happened with the free trade agreements the government signed. Human rights and the environment were relegated to the sidelines even though we expected the federal government to sign free trade agreements containing clear measures. Now human rights and the environment are an afterthought. I think we can have economic development that prioritizes people's health and safety as well as their environment.

If the Conservatives really care about the health and safety of Canadians, why did they not specifically guarantee the application of the bill and the regulations that protect people's health and safety? That could have been done. The government should make it a priority to implement regulations that protect the health and safety of Canadians and their environment. This bill seems to completely disregard that obligation. We need more than the government's promises and the preamble of a bill because that could leave room for interpretation in the years ahead.

We want a guarantee that deregulation will not apply to those provisions, and we want it now. We have not been given that guarantee yet. Regulations that are in the public interest should be preserved. The idea is not just to limit, in theory, the number of regulations and determine which are good for Canadians and which are not. There has to be a reasonable way to undertake public administration. Giving more powers to the president of the Treasury Board is definitely not the way to ensure good public administration.

The many small business owners I have talked to agree that there should be less useless red tape.

The Canadian Federation of Independent Business, an organization that I have met with on a number of occasions, estimates that business owners pay $30 billion in hidden taxes in the form of the time and money they spend completing forms and following government rules, and it believes that this needs to change.

I am proud to tell this organization that the NDP is always open to helping small businesses by eliminating useless red tape and letting them focus on what they do best: growing their business and creating jobs. The NDP remains a partner to SMEs.

Red tape is not the only thing that small business owners come to me about. They also regularly tell me that the Conservatives boast about helping small businesses by eliminating red tape, but that they did not renew the hiring credit for small business. It was not in budget 2014. However, businesses have been clear: this hiring credit is important. It gives them some breathing room. Even though it had the means to do so, the government deliberately decided to ignore SMEs and eliminate the credit. That is not surprising, coming from the Conservatives. This is a very important measure to help SMEs grow and to create more good jobs.

SME owners are unanimous in asking me when this government will finally take serious action to regulate the anti-competitive credit card fees that merchants must pay to card issuers. If the Conservatives truly wanted to help SMEs, they would support the NDP's proposal to regulate the fees that credit card companies charge to merchants.

I meet with SME representatives and they show me their bills. They have been crippled by banking fees this year and their profits have decreased considerably. They sometimes even have to reconsider their decision to go into business. This goes for SMEs that have been in business for several years and those that are just getting started. Banking fees have gotten so high that SMEs have no choice but to take them into account. These fees cut into their profits and wages so much that owners start to wonder if they have made the right choice. That is not insignificant.

The Conservatives did diddly-squat. While small businesses are the ones creating most of Canada’s new jobs, they get very little attention from the Conservative government. In fact, this government preferred to give away billions of dollars in corporate tax breaks, starting with the oil companies, obviously. Even though they produce oil, they apparently need tax breaks. I have always thought that oil producers do not need any public money.

They gave away billions of dollars instead of supporting small businesses, the real job creators. This is why the NDP decided to support small business. There is nothing better than small businesses to turn around the economy of a region or a community. Profits made by a small business generally go toward developing the region. This money flows through the town or community where the small business is located. That also means local jobs. There is a lot less of a chance of outsourcing as well. This is why supporting small businesses pays off.

The Conservatives say they want to cut red tape, but they did quite the opposite with the Building Canada fund.

Rather than helping municipalities and small businesses start their infrastructure projects within an acceptable time, the Conservatives created a long and cumbersome bureaucratic system for any project over $100 million. That will result in delays of 6 to 18 months, holding back major projects. Furthermore, this government has done nothing to make it easier for small businesses to secure government contracts. We saw it in committee; this should be made easier. Several associations have done their job and tried to make the government aware of this, but contracts should be broken up so that small businesses can access them. It would be worthwhile to make improvements in this area. It is practically impossible for our small businesses in Canada to compete with big corporations when bidding on government contracts, which are so long and complicated.

Over the coming months, the member for Sudbury and I intend to continue taking part in consultations with small businesses. Young entrepreneurs and family businesses are the key to a prosperous economy in Canada. That is why New Democrats will continue to work toward a pragmatic, common-sense solution in order to contribute to their success.

If the Conservatives sincerely wanted to help small businesses, they would not drag their feet and would take action against the excessive fees that credit card companies are charging merchants. Neither would they have, as I previously mentioned, eliminated the small business hiring tax credit in the 2014 budget. In this respect, I encourage all small business owners to write their MPs to let them know how important this tax credit was to them. The NDP intends to contact small businesses in all ridings and encourage them to help us make sure that the government understands once and for all that this tax credit helped create and maintain a lot of jobs. These are not unstable part-time jobs that will end in three months, but good solid jobs.

Again, the NDP believes in common-sense solutions for cutting red tape for small businesses. Allow me to mention something that the government should bear in mind: when we meet with SMEs they often tell us about the lack of collaboration between the different government bodies. We know that this Conservative majority government has a hard time getting along with its provincial and municipal counterparts. That is a serious problem. SMEs sometimes have to fill out forms at both the federal and provincial levels. There needs to be an agreement to make it easier and ensure that SMEs do not have to fill out the same form 10 times, send them to a number of different places and follow different criteria. Those who work 80 hours a week for their SME might not have the time in the evening to figure out how each body operates and so forth. To make things easier for the SMEs, we need a government that listens, that does not say that it does not care and then goes ahead without listening to a word anyone else has to say. We need a government that will listen.

When various situations came up in Quebec, I would have liked the federal government to listen more closely. Listening closely can pay off and make life easier. Today, we are all saying we would like to improve things. I think that the current approach is not exactly the one that should be used and I hope that the government will understand that. We will not approve the additional discretionary powers for the ministers. That is not what is needed here. We need to simplify the process.

If we get rid of one approach and replace it with another then the rule of “one plus one plus one minus one plus one” might further confuse the SMEs. They want us to decide on one way of doing things and keep it that way for 10 years so that they do not have to read a new instruction manual every time they have to fill out a form.

I will now take questions.

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, the minister loves to do creative reading.

The minister sees his laws being struck down and then claims somehow that he is winning. He is not fooling anyone, least of all the Supreme Court. The way the government is trying to roll back Canadians' privacy rights is not constitutional.

Does the minister intend to allow bills like Bill C-4, Bill C-13, and Bill C-31 to pass into law just so they can also be struck down later, or will he respect the court's rulings and redraft these bills as even his own people are recommending?

Agricultural Growth ActGovernment Orders

June 12th, 2014 / 11:40 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, on December 9, the Minister of Agriculture and Agri-Food tabled Bill C-18, the agricultural growth act.

Bill C-18 is another Conservative omnibus bill, making changes to nine different pieces of legislation, some of which we support, and others that pose significant concerns. Unlike the government's everything but the kitchen sink omnibus budget bills—and we have certainly seen omnibus budgets with everything thrown in together—in Bill C-18, perhaps following the good advice that the NDP has provided, changes actually all relate to agriculture. For once, we actually have a omnibus bill where all the provisions are related.

This is important, because we have seen, particularly with the budget bills, an absurd number of different pieces of legislation put together. We have seen absolutely absurd combinations, with environmental laws, natural resources laws, and taxation laws like the FATCA provisions that were in Bill C-31 all thrown together into one particular bill.

In the case of Bill C-18, we have an omnibus bill that puts in place amendments all related to agriculture, in some cases making similar edits to different bills.

First, there are amendments to the Plant Breeders' Rights Act. The key changes move Canada towards ratification of the 1991 model law of the International Union for the Protection of New Varieties of Plants, UPOV '91.

Second, it expands the rights afforded to plant breeders for the varieties they develop and increases the places along the value chain where plant breeders can collect royalties.

Bill C-18 also includes the following new exclusive rights for plant breeders: reproduction, conditioning, sales, export or import, repeated use to produce commercially another plant variety if the repetition is necessary for that purpose, and stocking for the purpose of any of the other protected acts.

The term of the grant of plant breeders' rights has also been increased from previous legislation, from 18 years to 20 years. It is 25 years in the case of a tree, a vine, or any other category listed by the regulation. It also includes a new clause that grants farmers' privilege, allowing farmers to save seed and condition seed for purposes of production and reproduction on their own farms. It is important to note that this privilege is not extended to the storing of seed or to the sale of harvested material from protected seed.

Bill C-18 also grants the CFIA the ability to make changes through regulation to which circumstances and classes of farmers and varieties would not be covered under the farmers' privilege. This protects the rights of researchers to use patented materials as the basis for developing a new variety or for another research use. It also enhances public accessibility to the registry of plant varieties. This of course is a major change from the previous act.

It also maintains the ability of the CFIA to grant compulsory licences to ensure that in certain situations, plant varieties are available at reasonable prices, widely distributed, and of good quality.

Bill C-18 also includes an amendment that allows plant breeders to request that their plant breeders' rights be exempt from a compulsory licence. It also grants the government the ability to make changes governing exemptions from compulsory licensing through regulations, without legislative change.

There are some benefits in Bill C-18.

First, it would ensure that variety developers would be able to see a return on investment for their plant breeding research efforts, providing incentives for an important sector of Canadian agribusiness. It would also grant farmers' privilege to allow farmers to save the conditioned seed for use on their own farms. It would promote access for Canadian farmers to the results of private breeding research from Canada and other countries through more effective intellectual property rights. As members know, this is a concern people have raised.

It would protect researchers from infringement of plant breeders' rights. It would enhance public accessibility and transparency when it comes to plant breeding, and it would maintain the existing compulsory licence system, providing some assurance that varieties can be made available at reasonable prices, widely distributed, and kept at a high quality. This is a very important aspect of the bill that I know members will find interesting.

I know my colleagues in the NDP are very focused on this agriculture bill, because, as we know, we have a whole variety of NDP MPs representing some of the heartland of Canadian agriculture across the country.

I would like to say at this point that we have diversity like we have never had before in the House of Commons, and from both rural and urban areas. It is just fantastic to see the NDP caucus, 100 strong, which is going to grow to perhaps double that after the next election. We are certainly looking forward to that.

One might ask why the member for Burnaby—New Westminster is speaking on an agriculture bill. Perhaps the government House leader is asking that question too. The reality, and I know members will find this interesting, is that the most fertile land in all of Canada is in Burnaby. That particular area is known as the Big Bend area of Burnaby. It is part of the Fraser delta. The Fraser River comes down, after going through the Coast Mountains, and provides for incredibly fertile ground.

I should say, because I think it is important to note, that not only is it the most fertile ground, but because of the previous actions of the B.C. NDP government back in 1972, which established the agricultural land reserve, the first government in the country to do that, the agricultural land in Burnaby has been preserved. That is extremely important. It is an urban area, but right there is the agricultural heartland of the Lower Mainland.

What is even more important to note is that the city of Burnaby, for the last 25 years, has been run by an NDP government, under the Burnaby Citizens Association. In fact, in the last municipal election, with a strong agricultural component, the mayor, the entire city council, eight of eight city councillors, and seven of seven on the school board, meaning every single municipally elected official, were members of the NDP and members of the Burnaby Citizens Association. That is the longest-standing—