Economic Action Plan 2013 Act No. 2

A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 implements certain income tax measures proposed in the March 21, 2013 budget. Most notably, it
(a) increases the lifetime capital gains exemption to $800,000 and indexes the new limit to inflation;
(b) streamlines the process for pension plan administrators to refund a contribution made to a Registered Pension Plan as a result of a reasonable error;
(c) extends the reassessment period for reportable tax avoidance transactions and tax shelters when information returns are not filed properly and on time;
(d) phases out the federal Labour-Sponsored Venture Capital Corporations tax credit;
(e) ensures that derivative transactions cannot be used to convert fully taxable ordinary income into capital gains taxed at a lower rate;
(f) ensures that the tax consequences of disposing of a property cannot be avoided by entering into transactions that are economically equivalent to a disposition of the property;
(g) ensures that the tax attributes of trusts cannot be inappropriately transferred among arm’s length persons;
(h) responds to the Sommerer decision to restore the intended tax treatment with respect to non-resident trusts;
(i) expands eligibility for the accelerated capital cost allowance for clean energy generation equipment to include a broader range of biogas production equipment and equipment used to treat gases from waste;
(j) imposes a penalty in instances where information on tax preparers and billing arrangements is missing, incomplete or inaccurate on Scientific Research and Experimental Development tax incentive program claim forms;
(k) phases out the accelerated capital cost allowance for capital assets used in new mines and certain mine expansions, and reduces the deduction rate for pre-production mine development expenses;
(l) adjusts the five-year phase-out of the additional deduction for credit unions;
(m) eliminates unintended tax benefits in respect of two types of leveraged life insurance arrangements;
(n) clarifies the restricted farm loss rules and increases the restricted farm loss deduction limit;
(o) enhances corporate anti-loss trading rules to address planning that avoids those rules;
(p) extends, in certain circumstances, the reassessment period for taxpayers who have failed to correctly report income from a specified foreign property on their annual income tax return;
(q) extends the application of Canada’s thin capitalization rules to Canadian resident trusts and non-resident entities; and
(r) introduces new administrative monetary penalties and criminal offences to deter the use, possession, sale and development of electronic suppression of sales software that is designed to falsify records for the purpose of tax evasion.
Part 1 also implements other selected income tax measures. Most notably, it
(a) implements measures announced on July 25, 2012, including measures that
(i) relate to the taxation of specified investment flow-through entities, real estate investment trusts and publicly-traded corporations, and
(ii) respond to the Lewin decision;
(b) implements measures announced on December 21, 2012, including measures that relate to
(i) the computation of adjusted taxable income for the purposes of the alternative minimum tax,
(ii) the prohibited investment and advantage rules for registered plans, and
(iii) the corporate reorganization rules; and
(c) clarifies that information may be provided to the Department of Employment and Social Development for a program for temporary foreign workers.
Part 2 implements certain goods and services tax and harmonized sales tax (GST/HST) measures proposed in the March 21, 2013 budget by
(a) introducing new administrative monetary penalties and criminal offences to deter the use, possession, sale and development of electronic suppression of sales software that is designed to falsify records for the purpose of tax evasion; and
(b) clarifying that the GST/HST provision, exempting supplies by a public sector body (PSB) of a property or a service if all or substantially all of the supplies of the property or service by the PSB are made for free, does not apply to supplies of paid parking.
Part 3 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 3 amends the Employment Insurance Act to extend and expand a temporary measure to refund a portion of employer premiums for small businesses. It also amends that Act to modify the Employment Insurance premium rate-setting mechanism, including setting the 2015 and 2016 rates and requiring that the rate be set on a seven-year break-even basis by the Canada Employment Insurance Commission beginning with the 2017 rate. The Division repeals the Canada Employment Insurance Financing Board Act and related provisions of other Acts. Lastly, it makes technical amendments to the Employment Insurance (Fishing) Regulations.
Division 2 of Part 3 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to remove the prohibition against federal and provincial Crown agents and federal and provincial government employees being directors of a federally regulated financial institution. It also amends the Office of the Superintendent of Financial Institutions Act and the Financial Consumer Agency of Canada Act to remove the obligation of certain persons to give the Minister of Finance notice of their intent to borrow money from a federally regulated financial institution or from a corporation that has deposit insurance under the Canada Deposit Insurance Corporation Act.
Division 3 of Part 3 amends the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to clarify the rules for certain indirect acquisitions of foreign financial institutions.
Division 4 of Part 3 amends the Criminal Code to update the definition “passport” in subsection 57(5) and also amends the Department of Foreign Affairs, Trade and Development Act to update the reference to the Minister in paragraph 11(1)(a).
Division 5 of Part 3 amends the Canada Labour Code to amend the definition of “danger” in subsection 122(1), to modify the refusal to work process, to remove all references to health and safety officers and to confer on the Minister of Labour their powers, duties and functions. It also makes consequential amendments to the National Energy Board Act, the Hazardous Materials Information Review Act and the Non-smokers’ Health Act.
Division 6 of Part 3 amends the Department of Human Resources and Skills Development Act to change the name of the Department to the Department of Employment and Social Development and to reflect that name change in the title of that Act and of its responsible Minister. In addition, the Division amends Part 6 of that Act to extend that Minister’s powers with respect to certain Acts, programs and activities and to allow the Minister of Labour to administer or enforce electronically the Canada Labour Code. The Division also adds the title of a Minister to the Salaries Act. Finally, it makes consequential amendments to several other Acts to reflect the name change.
Division 7 of Part 3 authorizes Her Majesty in right of Canada to hold, dispose of or otherwise deal with the Dominion Coal Blocks in any manner.
Division 8 of Part 3 authorizes the amalgamation of four Crown corporations that own or operate international bridges and gives the resulting amalgamated corporation certain powers. It also makes consequential amendments and repeals certain Acts.
Division 9 of Part 3 amends the Financial Administration Act to provide that agent corporations designated by the Minister of Finance may, subject to any terms and conditions of the designation, pledge any securities or cash that they hold, or give deposits, as security for the payment or performance of obligations arising out of derivatives that they enter into or guarantee for the management of financial risks.
Division 10 of Part 3 amends the National Research Council Act to reduce the number of members of the National Research Council of Canada and to create the position of Chairperson of the Council.
Division 11 of Part 3 amends the Veterans Review and Appeal Board Act to reduce the permanent number of members of the Veterans Review and Appeal Board.
Division 12 of Part 3 amends the Canada Pension Plan Investment Board Act to allow for the appointment of up to three directors who are not residents of Canada.
Division 13 of Part 3 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to extend to the whole Act the protection for communications that are subject to solicitor-client privilege and to provide that information disclosed by the Financial Transactions and Reports Analysis Centre of Canada under subsection 65(1) of that Act may be used by a law enforcement agency referred to in that subsection only as evidence of a contravention of Part 1 of that Act.
Division 14 of Part 3 enacts the Mackenzie Gas Project Impacts Fund Act, which establishes the Mackenzie Gas Project Impacts Fund. The Division also repeals the Mackenzie Gas Project Impacts Act.
Division 15 of Part 3 amends the Conflict of Interest Act to allow the Governor in Council to designate a person or class of persons as public office holders and to designate a person who is a public office holder or a class of persons who are public office holders as reporting public office holders, for the purposes of that Act.
Division 16 of Part 3 amends the Immigration and Refugee Protection Act to establish a new regime that provides that a foreign national who wishes to apply for permanent residence as a member of a certain economic class may do so only if they have submitted an expression of interest to the Minister and have subsequently been issued an invitation to apply.
Division 17 of Part 3 modernizes the collective bargaining and recourse systems provided by the Public Service Labour Relations Act regime. It amends the dispute resolution process for collective bargaining by removing the choice of dispute resolution method and substituting conciliation, which involves the possibility of the use of a strike as the method by which the parties may resolve impasses. In those cases where 80% or more of the positions in a bargaining unit are considered necessary for providing an essential service, the dispute resolution mechanism is to be arbitration. The collective bargaining process is further streamlined through amendments to the provision dealing with essential services. The employer has the exclusive right to determine that a service is essential and the numbers of positions that will be required to provide that service. Bargaining agents are to be consulted as part of the essential services process. The collective bargaining process is also amended by extending the timeframe within which a notice to bargain collectively may be given before the expiry of a collective agreement or arbitral award.
In addition, the Division amends the factors that arbitration boards and public interest commissions must take into account when making awards or reports, respectively. It also amends the processes for the making of those awards and reports and removes the compensation analysis and research function from the mandate of the Public Service Labour Relations Board.
The Division streamlines the recourse process set out for grievances and complaints in Part 2 of the Public Service Labour Relations Act and for staffing complaints under the Public Service Employment Act.
The Division also establishes a single forum for employees to challenge decisions relating to discrimination in the public service. Grievances and complaints are to be heard by the Public Service Labour Relations Board under the grievance process set out in the Public Service Labour Relations Act. The process for the review of those grievances or complaints is to be the same as the one that currently exists under the Canadian Human Rights Act. However, grievances and complaints related specifically to staffing complaints are to be heard by the Public Service Staffing Tribunal. Grievances relating to discrimination are required to be submitted within one year or any longer period that the Public Service Labour Relations Board considers appropriate, to reflect what currently exists under the Canadian Human Rights Act.
Furthermore, the Division amends the grievance recourse process in several ways. With the sole exception of grievances relating to issues of discrimination, employees included in a bargaining unit may only present or refer an individual grievance to adjudication if they have the approval of and are represented by their bargaining agent. Also, the process as it relates to policy grievances is streamlined, including by defining more clearly an adjudicator’s remedial power when dealing with a policy grievance.
In addition, the Division provides for a clearer apportionment of the expenses of adjudication relating to the interpretation of a collective agreement. They are to be borne in equal parts by the employer and the bargaining agent. If a grievance relates to a deputy head’s direct authority, such as with respect to discipline, termination of employment or demotion, the expenses are to be borne in equal parts by the deputy head and the bargaining agent. The expenses of adjudication for employees who are not represented by a bargaining agent are to be borne by the Public Service Labour Relations Board.
Finally, the Division amends the recourse process for staffing complaints under the Public Service Employment Act by ensuring that the right to complain is triggered only in situations when more than one employee participates in an exercise to select employees that are to be laid off. And, candidates who are found not to meet the qualifications set by a deputy head may only complain with respect to their own assessment.
Division 18 of Part 3 establishes the Public Service Labour Relations and Employment Board to replace the Public Service Labour Relations Board and the Public Service Staffing Tribunal. The new Board will deal with matters that were previously dealt with by those former Boards under the Public Service Labour Relations Act and the Public Service Employment Act, respectively, which will permit proceedings under those Acts to be consolidated.
Division 19 of Part 3 adds declaratory provisions to the Supreme Court Act, respecting the criteria for appointing judges to the Supreme Court of Canada.

Elsewhere

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

Votes

Dec. 9, 2013 Passed That the Bill be now read a third time and do pass.
Dec. 3, 2013 Passed That Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 471.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 365.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 294.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 288.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 282.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 276.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 272.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 256.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 239.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 204.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 176.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 159.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 131.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 126.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 1.
Dec. 3, 2013 Passed That, in relation to Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to 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 stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Oct. 29, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Oct. 29, 2013 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, because it: ( a) decreases transparency and erodes democratic process by amending 70 different pieces of legislation, many of which are not related to budgetary measures; ( b) dismantles health and safety protections for Canadian workers, affecting their right to refuse unsafe work; ( c) increases the likelihood of strikes by eliminating binding arbitration as an option for public sector workers; and ( d) eliminates the independent Canada Employment Insurance Financing Board, allowing the government to continue playing politics with employment insurance rate setting.”.
Oct. 24, 2013 Passed That, in relation to Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, not more than four further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the fourth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Economic Action Plan 2013 Act No. 2Government Orders

October 29th, 2013 / 10:20 a.m.
See context

NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Mr. Speaker, what really bothers me about the process for Bill C-4 is that, once again, the Conservative government is introducing an omnibus bill and then moving a damn time allocation motion. I am very concerned about this because of the impact it has on Canadian democracy, and I am wondering how we are supposed to properly debate this bill.

People across the country are telling us what they think about the environment, the country's finances and employment insurance. In all seriousness, our job in Ottawa is to share these concerns in the House of Commons in order to work together—like a big family—to find a compromise. I will admit that our family is dysfunctional.

However, we have to find solutions to help Canada move forward rather than engaging in a dialogue of the deaf in the House of Commons. I know that we will not solve this problem today on the basis of my comments alone. I would therefore like to ask a question of my NDP colleague, who represents northern Canada.

Is Bill C-4 really designed to properly represent Canadians living in the north or is our government somewhat out of touch with the realities in Quebec and northern Canada and, unfortunately, serving only the interests of party friends?

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 5:55 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, listening to all of these exchanges and debates, we can see that, ultimately, Bill C-4 fails to respond in any way to Canadians' concerns.

Earlier, my colleague pointed out that job security and wage issues were not taken into account in this bill and that no progress has been made on those issues. Meanwhile, it is increasingly clear that families and income earners are becoming more vulnerable. What tangible measures is the government proposing to address those types of problems?

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 5:55 p.m.
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NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, I would like my colleague to comment on the article by conservative National Post editorialist Andrew Coyne. I will summarize the article about omnibus bills, such as Bill C-4, in just a few words: the bill makes a mockery of the confidence convention and serves to shield bills that would otherwise be defeatable in the House. It is impossible to know how legislators intended to vote. There is no common thread that runs between these different items and no overarching principle that unites them. They represent a sort of compulsory buffet. There is something alarming about the government wanting to oblige Parliament to rubber-stamp its whole legislative agenda at one go.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 5:50 p.m.
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Conservative

Rodney Weston Conservative Saint John, NB

Mr. Speaker, the hon. member is quite correct. I did not cover all of the details in Bill C-4. As I said very clearly at the beginning, I was going to focus on some aspects that are very important to my region, to my riding, and I did that very specifically.

I talked about some of the opportunities that are out there. I talked about how important this budget is, what it would give us, how it would give us the tools to go forward, and how it would better prepare the people of Saint John and the people of southern New Brunswick for the opportunities that lie ahead. I am very excited about that. I look forward to the opportunity to engage people on that level and to talk more about it. These are exciting times in Saint John, New Brunswick, and we look forward to continuing to discuss these things.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 5:50 p.m.
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NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Mr. Speaker, I would like to thank my colleague for his speech.

His speech did not cover all aspects of Bill C-4, but that is quite understandable. How could one possibly talk about all of the items contained in a 300-page bill in just 10 minutes?

Today, I moved a motion and I requested the unanimous support of the House to remove sections 290 to 293 from Bill C-4 so that they can be examined by the Standing Committee on Citizenship and Immigration, which in my opinion is the most appropriate place to examine that part of the bill.

Can my colleague tell us why these sections pertaining to the permanent residency system in Canada have to be included in a budget rather than be examined by the Standing Committee on Citizenship and Immigration?

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 5:40 p.m.
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Conservative

Rodney Weston Conservative Saint John, NB

Mr. Speaker, it is a pleasure to rise today to speak to Bill C-4, the budget implementation act, which of course is part of economic action plan 2013, which is very appropriately entitled jobs, growth and long-term prosperity.

Before I get into the details of my comments and start expanding on where I want to go, I will take this opportunity to once again thank the people of Saint John for giving me the honour and the privilege of serving them in this great House.

The reason I bring up the riding of Saint John, which I am so pleased to represent, is that a lot of my comments tonight will be focused on Saint John, and all my comments will be focused on the region of southern New Brunswick and new Brunswick as a whole. As I speak to the budget implementation act and economic action plan 2013 tonight, I want to talk about some of the things that are on the horizon for Saint John because in Saint John we are really excited about some of the prospects that are out there for the future. A lot of those prospects are centred around resource development and the opportunities that exist for Saint John because of what we have to offer.

It is no accident that Saint John is very well positioned to take advantage of some of these opportunities, and more specifically, I speak tonight about the energy east pipeline project. We are excited about the prospects of the energy east pipeline. Why, members ask? Quite frankly, we are home to Canada's largest oil refinery.

The urban oil refinery is situated right within the heart of my riding. We are home to Irving Canaport, which is a deep water terminal for importing oil, and we will soon hopefully be exporting oil through that same terminal. We are home to Canaport LNG terminal, which is Canada's only liquefied natural gas terminal. That terminal is set up for imports, but at this point in time it is undergoing a review to seek permission to become an export terminal.

These are some of the opportunities we face in Saint John, and it is specifically because of our proximity to deep water, ice-free deep water. It has given us a huge advantage and a huge opportunity with what we are talking about in this country, which is responsible resource development.

We are talking about developing a pipeline from Alberta to Saint John, New Brunswick. It will benefit the entire country. It will benefit Saint John greatly, and we want to be well positioned in Saint John to take advantage of those opportunities as they come. We know that with the potential of these developments, there will be great opportunities when it comes to employment, and there will be other benefits beyond the pipeline when that comes our way. We are holding our breath and hoping daily that it is getting closer.

There is a lot of optimism around that. The premier of the province of New Brunswick is very actively engaged. I was actively engaged. The mayor of the city of Saint John and the officials from the port of Saint John are actively engaged in trying to impress upon officials in TransCanada with respect to the business opportunity that was there for this pipeline to be developed through eastern Canada and to Saint John, New Brunswick.

That is a great opportunity that we see sitting out there. Members are probably wondering where I am going with this. I will get back to that point in a few minutes, because economic action plan 2013 directly speaks to what we are facing in Saint John. It gives us the tools to be equipped to handle some of those opportunities that are coming our way.

There is more than just the development of this pipeline. There is more than just the changes with Canaport LNG. There are shale gas opportunities in New Brunswick. The provincial government is working very hard to ensure that we are in a position to develop those resources. We are looking at the opportunities that are there and the provincial government is doing exploration work at this time to try to determine what sort of deposit lies there. That is another opportunity.

Potash is an opportunity that we have in New Brunswick, and we are home to PotashCorp's marine terminal. That terminal ships potash worldwide, and we have tremendous opportunities there. The company's people are looking at expansion of that marine terminal because of PotashCorp's mine in Sussex. It has put down a new shaft and is looking at taking advantage of the opportunities that are there.

All these opportunities that I talk about have led to discussions within St. John about how we would best become prepared to take advantage of these opportunities. Economic action plan 2013 includes that very specifically, and it lays out some very important things that we need to be prepared for. There are infrastructure investments in economic action plan 2013 that are so necessary when a community is trying to develop itself and trying to move forward. The city of St. John, the port of St. John and the province of New Brunswick all have to take advantage of some of these opportunities. Therefore, we will give them the tools and the opportunities to do so with this budget.

However, it is not only through community infrastructure, when we talk about infrastructure investments. There is equipment and our people for the opportunities that are there. We have the Canada jobs grant, which will certainly turn the page on how we train people in the country and it will give employers and the private sector a voice in determining where those investments should be made. This is so important. We talk about how we move forward. Do members not think it is important that we give the people who will make the investments, drive the economy and drive the prosperity in our country a voice and a chance to say where those investments should be made? They can tell us exactly where the opportunities will be and they can tell us if we need so many tradespeople or so many accountants. They can tell us exactly where we should be spending our job training dollars. This is so important. Not only would they get to give us advice on that, but they would also get to invest in an opportunity.

I had the pleasure of visiting one of the Irving mills in Saint John just recently with the Minister of Employment and Social Development. We have two Irving pulp and paper mills, so we visited Irving paper and we sat down and had a discussion with the officials from the human resources department about their needs. We talked about some of the things they were facing as they went forward and how they only hired people with at least two years of post-secondary education. That surprised me because we tend to look at some of the jobs in some of these organizations as not being highly skilled. These people are very highly skilled and they come in the door with a minimum of two years of post-secondary education and they are trained to do the jobs they need to do. The officials at the company are prepared to make the investment in these people and their futures.

It is so important that we are able to play a role and work with them, because it is more important that the business people who are actually hiring for these jobs, and not government bureaucrats, make the decisions on where these dollars go. Going forward, we should be giving business people a say in what they are doing.

However, we would also make huge investments when it comes to tax breaks. We are investing in the extension of the hiring tax credit and of the accumulating capital costs allowance for investments in new equipment and machinery. This will give the people who are in the business and industrial side of the equation the opportunity to invest dollars at home and to provide those highly-skilled jobs that we are talking about.

This budget, the economic action plan 2013, would give us the opportunity to be prepared for the future. There is a lot of opportunity on the horizon for the people of St. John and the province of New Brunswick and by taking advantage of this program and of what is in this budget, we would be very well equipped to go forward.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 5:40 p.m.
See context

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, if I understand correctly, there is a blatant lack of transparency in Bill C-4. This is yet another mammoth bill for which debate is being limited by a time allocation motion. It is not good for consumers, workers, veterans, the public service or the environment.

That being said, there is one issue that is particularly worrisome to me. I would like to ask my dear colleague, who so ardently defends his constituents, why the Conservative government would move forward with its harmful $350-million tax on labour-sponsored funds. What effect will this have on workers and the economy in general?

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 5:25 p.m.
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NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, I am rising today to speak to Bill C-4, the budget implementation act.

For the most hopeful among us, promise was in the air for a little while this past summer. There was talk of reset and of change. It seemed clear enough when this place shut down for the summer last June amid the Senate scandal that there was cause for the Conservative government members to pause and reflect on the way they conduct themselves as government.

I would, however, note that this speech and all speeches on the bill are delivered under time allocation. It is the 50th time the government has moved to limit debate in the House, so there has been no change.

A diagnosis of what is happening to Canadian politics under the current government would identify the same disease infecting all of what the Conservatives do. It is about a lack of transparency, a lack of accountability, and a lack of respect for the process of democratic politics.

Canadians elect us, all of us, to come here to give voice to their concerns and to pursue their wishes on their behalf. When the government will not allow those voices to be heard, what we have at the heart of all of this is a government that does not respect the people whose country this actually is.

Conservatives have become occupiers of the institutions and abusers of the practices that have been established for the collective benefit of all Canadians. We know that these institutions and practices are not perfect and never have been; I would point to the Senate down the hallway. From time to time we need to change so that our institutions and practices keep up with maturing notions of democracy and what best serves that collective benefit.

We would call it modernization, perhaps. Conservatives once called it reform, in a day when we all at least had in common, it seemed, a commitment to transparency and accountability in the institutions of government and the practices of politics.

However, reform has not come from the supposed reformers. Hope has been betrayed by the government again, and there has been more disappointment for any Canadians left whose disposition allows them to remain optimistic about the government.

For those who could not escape the suspicion that the government would not and could not change its ways—and I am among them, unfortunately—the bill we are debating today was so entirely predictable: omnibus in nature, amending 70 pieces of legislation, and burying deep in its 300-plus pages two completely new pieces of legislation. It is legislation, I might add, as with all new legislation, that is worthy in its own right of full debate in this place.

How predictable that one of these pieces of legislation has to do with a gas project. Extraction and the fire sale of Canada's natural resources is all the government knows and all it does in the form of an economic plan. How fitting, especially in light of the evidence emerging every day from the Conservative government with an obsessive-compulsive disorder to control and manipulate, that the Mackenzie gas project impacts fund act would seek to eliminate the independent arm's-length bodies charged with mitigating the socio-economic impacts of the Mackenzie gas project and bring these matters directly under the control of the minister and the government.

Of course, we would not recognize a Conservative budget bill or implementation act without an attack on working people. From the elimination of useful dispute resolution processes to the undermining of health and safety provisions, attacks on workers have become the hallmark of the Conservative budget process. It is attack but never help; destroy but never build.

However, what I want to talk about today is the need to build urban economies and the need to help people who work and look for work in our cities, something Bill C-4 fails to do. I would like to point to a number of recently released studies in the hope of bringing to the attention of the government and Canadians just how far off the mark Bill C-4 is.

One such study, entitled “It's More than Poverty” and carried out by McMaster University and the United Way of Toronto, was released in February of this year. Having found that precarious employment has increased by nearly 50% over the last 20 years, so that barely 50% of people in the study are in jobs that are both permanent and full-time, the authors of this study describe precarious work as “the new normal” for many in the urban workforce.

This new normal is not a good normal. People in precarious work earn 46% less and report household income that is 34% less than those in secure jobs.

Just this month, the Institute for Competitiveness and Prosperity and the Martin Prosperity Institute, both at the University of Toronto, released a study entitled, “Untapped potential—Creating a better future for service workers”. In this study, the institutes point to the increasing precarity of work in the Toronto labour market, particularly in what they call the routine service sector of the labour market, jobs that account for almost half of Toronto's workforce.

Defining precarious work as work that is temporary, part-time and paying below the low-income cut-off, the institutes note that the number of routine service jobs that have become precarious over the last decade has increased by one-third. The point that the institutes want to make with this study of precarity is not just about the implications of these changes for those working in this sector but as the study's title suggests, the untapped potential in this sector from which we can all benefit. The point is that unstable, low-wage and low-skill positions deflate disposable income and overall prosperity. The institutes urge policy-makers, and that is us, to assess what policy tools are needed to boost job security and wages within these occupations.

There has been no such assessment coming from the other side, and there are no such tools in Bill C-4. I am thankful that at least we on this side of the House are on the job. I would point to my colleague, the member for Davenport, and his recently tabled urban workers bill, which I proudly co-sponsor, as a response to the circumstances described in these studies. It is a bill of legislative relevance to Canadians, and particularly to urban Canadians.

Finally, I would like to point the government to a recent study done by the Wellesley Institute in Toronto, called “Shadow Economies: Economic Survival Strategies Of Toronto Immigrant Communities”, also released just this month, which focuses on the economic poverty of newcomers. This study finds that only one-third of households were able to fully cover their household expenses on income through formal employment, forcing people, as both workers and consumers, into the informal economy to make ends meet.

It is in this context that the government enters with an economic plan that according to the Parliamentary Budget Officer would be responsible for 67,000 less jobs by 2017, and a GDP reduction of 0.6%.

I do not know if it is possible for anybody to draft a stronger indictment of the government as economic manager than the one it has penned for itself with this very bill, Bill C-4. It is not just irrelevant to the lives of the vast majority of Canadians, proving once again how remote the government is from the population and their cares and concerns, but it is actually harmful and hurtful to the people I came here to represent.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 5:25 p.m.
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Bloc

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

Mr. Speaker, I thank my colleague for his question. He put his finger right on the problem.

The Conservative government is visiting the regions of Canada and talking out of both sides of its mouth. In Quebec, it is trying to minimize the impact of Justice Nadon's appointment. The Government of Quebec, as well as all of the parties represented in the National Assembly, have made the point that the future justice will have a hard time complying with the law and making rulings with the necessary knowledge of Quebec civil law. Quebec has every right to expect this from a Supreme Court judge who will have to make important rulings.

One may wonder why there are three judges. Some cases may be made public and may involve Quebec. Take, for example, the firearms registry, which could eventually end up in this court.

The Conservatives are always saying one thing to Quebec and another to Canada, but we are not fooled. We can see this is going on. With Bill C-4, the Conservatives are trying to legitimize this appointment decision in a roundabout way. However, the fact remains that Justice Nadon is not qualified to sit in Quebec.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 5:20 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I will try not to go over my speaking time.

I found the hon. member's speech very interesting. I am particularly interested in clauses 471 and 472 of Bill C-4, because they deal with the appointment of judges to the Supreme Court.

I would quickly like to correct a statement my colleague made. The proceedings of the committee, which includes members from all the recognized parties in the House, and the votes in this committee, are confidential. We had to sign confidentiality orders, so we cannot disclose how the vote was held and we certainly cannot assume that one or the other party voted in favour of the appointment of Mr. Nadon just because his name was selected.

Furthermore, there is an even more significant issue. How does my colleague explain that the government can, by means of Bill C-4, especially clauses 471 and 472, which are the subject of the second reference to the Supreme Court—

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 5:10 p.m.
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Bloc

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

Mr. Speaker, first, I want to thank you for giving me the floor today. Having the chance to speak to the budget implementation bill is very important.

Again, the federal government is using a so-called budget bill that is being described as “mammoth” to push its regressive ideology and pass controversial measures that have never been discussed in public before.

Before we can even debate the substance of the bill or consult people and interest groups, the government imposes a gag order. This is generally recognized as a practice to be used as an exception. The government is once again limiting review of budget Bill C-4.

This bill and the measures it contains are far too important to pass hastily without any real debate or a true impact study that would inevitably take place.

This bill is more than 300 pages long and affects more or less 70 statutes. It would have been important, even essential, for us to take our time and split the bill to do it justice and make proposals to amend it and make general changes, which would have allowed us to work on it properly.

The Conservatives claim that the bill focuses on the economy, but that is far from true. Bill C-4 will, once again, affect a host of different areas, and some of the changes that will result from the bill will have an adverse effect on Quebec, the regions, businesses and workers.

I have some examples. Bill C-4 would eliminate the federal tax credit on labour-sponsored venture capital corporations, which, back home, are commonly referred to as workers' funds. They are very common in Quebec and they play an important role. For instance, there is the Fonds de solidarité FTQ and the CSN's Fondaction.

These funds are quite prevalent in Quebec. Traditionally, they served as significant development tools in our communities and helped create and maintain tens of thousands of jobs, strengthen communities and breathe life into the economy where regular instruments, such as bank loans, were not as appropriate and could not play the important role that these workers' funds could play as development tools.

In my riding alone, I found real-life examples of cases where, at some point in time, these funds were crucial to a company's development. I can list some businesses that used them and benefited from that money when they needed it. Those companies include BSL Wood Products, Projexco, Meridien Maritime, Richard Poirier & Frères Électrique, La Pourvoirie de la seigneurie du lac Métis, Les Distributions Arnaud, and the list goes on and on. Those funds useful to those companies because they gave them access to venture capital at an important point in their development.

Here is another example. In the bill that has been introduced, which once again penalizes Quebec, there is talk of Supreme Court justices. The federal government has picked a fight with the Government of Quebec by appointing a Supreme Court justice who was not on the list submitted by the Government of Quebec and does not meet the criteria set out in legislation.

The Supreme Court has to include three justices from Quebec, and with good reason. Civil law is quite different from Canadian law, and the justices who sit on the highest court must be able to rely on sufficient expertise to be able to rule on significant, complex civil law issues. In addition, in many of the existing legal cases—between Ottawa and Quebec, for example—it is only natural that Quebec should be able to rely on three justices who are attuned to the province's unique characteristics.

Justice Nadon decided to step aside temporarily because his appointment is being challenged. That was the right thing to do, except that the federal government has decided to refer Justice Nadon's case to the Supreme Court. Now, the Supreme Court will be both judge and judged in this case. That is absurd. There should have been an independent review to clarify this unthinkable situation.

Not wanting to be defeated in this dispute, the federal government is trying to use Bill C-4, which is before us today, to amend the Supreme Court Act to make Justice Nadon's appointment legal—after the fact, of course.

For the Bloc Québécois, the changes in Bill C-4 that have to do with the period of time during which an appointee had to be a member of the Barreau du Québec are nothing short of an admission of the shortcomings that tarnished the entire procedure to appoint Justice Nadon.

I would point out that that appointment was unfortunately approved by the Conservatives, but also by the Liberals and the NDP, who included Justice Nadon on their list of the three top candidates.

Rather than changing the legislation to try to save face, the federal government should just face facts: it must appoint judges to the Supreme Court who really represent Quebec, from the list submitted by the Government of Quebec. There is no other option.

This is not the first time Quebec has been aggrieved in a situation relating to the role of the Supreme Court. Hon. members may recall, for example, the allegations made by historian Frédéric Bastien, who revealed that the Supreme Court had overstepped the bounds of proper behaviour.

Bill C-4 also includes a measure to eliminate the Canada Employment Insurance Financing Board. We saw this coming. There is nothing really surprising about this government and its way of doing things.

This was clear with the employment insurance reform, for example, and all the measures meant to restrict access to that system, even though it is essential in some regions and for all workers who, at some point in their lives, face a situation where work is not available in their field, whether because of the seasonal nature of their work or because of an economic downturn.

It has become very clear that the Conservative government, like the Liberals before them, has no problem using employment insurance for political ends and, above all, taking any surpluses in the EI fund and using them for other purposes or adding them to its regular budget if it so chooses.

What was the purpose of that board? The best way to explain it is to look at how it was described when it was created. The definition is especially clear:

The Canada Employment Insurance Financing Board (CEIFB) was created as a Crown Corporation in 2008 to ensure that EI premiums are used exclusively for the EI program. This followed extensive public discussion on the need to improve the transparency and independence of EI financing.

Now, however, we must point out coincidence of sorts between the abolition of the board and the government's express desire to get its hands on the money. It has done so on many occasions in order to divert income from premiums to general government revenue, rather than return the money to workers when they need it.

As we read that description, we can better understand the Conservatives' desire to abolish a body that was opposed to their getting their hands on the money and pilfering the surplus as they are doing at the moment.

This year alone, $2 billion will be taken out of the employment insurance fund in order to pay down the deficit or indulge Conservative whims such as military procurement, gifts for the Queen, and celebration of conflicts, debates or battles two centuries old, such as the war of 1812.

The bill also includes major changes to labour legislation. In recent labour disputes, such as at Air Canada and CP, we have seen that the Conservatives are allergic to any kind of pressure from employees. The mere possibility of strikes worries them so much that they enact special legislation to prevent them.

Bill C-4 goes even further. Now the Conservatives are making major changes to the way in which services are deemed essential because they want to pre-empt any possibility of employees exerting pressure. From now on, the Conservatives are giving the employer the exclusive right to determine whether a service is essential and the number of positions needed to provide that service. Previously, the essential services designation was agreed upon between the union and the employer.

These are major changes because they affect the fundamental balance that must be in place between employers and employees. Even worse is the fact that Bill C-4 politicizes the workplace health and safety process. In fact, in Bill C-4, the minister appropriates the power to issue directives to employers and to make certain decisions that were once made by health and safety officers.

This is a complete travesty.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 5:05 p.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I have a question for my colleague.

Since the Conservatives got a majority in 2011, environmental regulations have been deteriorating and we have been seeing some problems with science in particular. For example, the government has eliminated some scientist jobs and has prevented scientists from speaking.

My question is about a provision in Bill C-4. Why continue in the same vein? My colleague represents an agricultural riding and he has young girls. I know he has a very lovely family. Why is the government eliminating jobs at the country's most prestigious research centre, the National Research Council of Canada? Why is it attacking science? Why is it eliminating nearly half of all scientist jobs?

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 4:55 p.m.
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NDP

Nycole Turmel NDP Hull—Aylmer, QC

Mr. Speaker, I really like that question. That is precisely what we want: to divide Bill C-4 and pull out the measures that could help people.

The government puts 70 measures in a 300-page bill and tells us that we have to accept all or nothing. That is what it is forcing us to do. We cannot support the majority of the items in Bill C-4. We could support others, but if we want to work on dealing with the economic situation for all Canadians, we need to have discussions. This will not happen if the government keeps holding in camera meetings and gagging members when we are talking about a bill.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 4:55 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I wonder if my colleague would comment briefly on her impression of the importance of the $1000 EI credit that is going to help small and medium-size employers create more jobs. In my area, most of the jobs created are created by small and medium-size employers that employ between 10 and 50 people. The hiring credit in my area is a very important part of the budget, of Bill C-4. I wonder if my colleague could comment on the importance of that in her area.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 4:40 p.m.
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NDP

Nycole Turmel NDP Hull—Aylmer, QC

Mr. Speaker, I rise today to speak to Bill C-4, as my colleagues have done. As hon. members know, Bill C-4 is an omnibus bill that is 300 pages long and currently amends 70 pieces of legislation.

Logic would suggest that we should be given time to properly consider the bill. I am wondering whether this government would agree to sign a 50-page contract immediately or within a few hours. Logically, the government should automatically say no because it would want time to examine the contract before signing it.

Nevertheless, that is what the government is asking us to do today. The Conservatives have introduced a 300-page bill that amends 70 laws and, at the same time, it is telling us that we have no choice but to pass it immediately. However, only 24 hours passed between the time the government introduced the bill and the time we started debating it in the House.

I would also like to remind hon. members that some information was provided in committee in only one language, making it impossible to properly discuss and debate the bill in order to gain a proper understanding of it.

That is very little time to debate a 300-page bill that addresses sometimes complex subjects that have no relation to each other.

What is more, 48 hours after we saw the content of this massive bill, the government was already imposing a gag order in order to ram the bill through. It is unacceptable for the government of a country like Canada to pass most of its laws in this manner.

The use of a time allocation motion should be limited to emergency situations. I am certain that no one on this side of the House would be opposed to debating a bill if there were an emergency situation and that no one would be opposed to amending it as needed before passing it.

The Conservatives introduce a huge number of bills in the House. The government deliberately delayed the work of the House by a month by proroguing Parliament, yet the government is now telling us that it is urgent that we pass Bill C-4. One has to wonder whether it is logical for the government to prevent the House from returning on the scheduled date, doing its work and examining the bill, only to tell us a month later that it is urgent that we pass the bill. It does not make any sense.

Canadians are perceptive. They know full well that the government is using the gag order to prevent us and all the stakeholders affected by these changes from having enough time to examine the impact of Bill C-4.

As a parliamentarian and a Canadian, I could never support this Conservative attempt to avoid the scrutiny of Parliament and Canadians. Obviously, we will vote against this bill in its current form. We will oppose this bill in principle because we are not being given the time to do the job we were elected to do. We must represent the people. We will also vote against the bill because of its content.

The previous three budget implementation bills taught us that we need to be wary of this government. In the previous bills, the Conservatives took aim at environmental assessments and protections for most of Canada's lakes and rivers. Those bills also resulted in $36 billion in cuts to health care transfers and increased the retirement age from 65 to 67.

Bill C-4 is not that different from the other three budget implementation bills in that it is setting society back. It sets out significant changes to the Canadian work environment. Now, the minister will have the bulk of the powers once granted to health and safety officers by the Canada Labour Code. It is a legislative step backwards for health and safety.

Bill C-4 also takes aim at an employee's ability to refuse to work in unsafe conditions. At the very least, Canadians should be able to maintain their right to work in a healthy and safe environment. However, as we can see, the Conservatives do not seem to share that opinion.

In reading Bill C-4, we can also see that the government is not going to abandon its war on the public service anytime soon. It has become its pattern to go after the hundreds of thousands of people who provide Canadians with the services to which they are entitled.

This time, the government is torpedoing the Public Service Staff Relations Act by eliminating the arbitration process as a method of settling disputes. It is also making changes to give the minister the discretionary ability to determine which services are essential. This measure could ultimately be used by the minister to completely remove certain workers' right to bargain, a right that is recognized by the Canadian Charter of Rights and Freedoms.

The all-out war being waged by this government against the people who work in the public service has caused a great deal of damage in my riding of Hull—Aylmer. The latest Statistics Canada figures show that 17,000 of the 19,200 job cuts planned in the public service will occur in the Gatineau-Ottawa region.

These cuts are resulting in a major slowdown in economic activity. In fact, the Conference Board of Canada has indicated that the economic forecast for our region, which is the fifth-largest in Canada, has been revised down by about 50%. In other words, the cuts are hurting the affected regions economically.

Meanwhile, the Parliamentary Budget Officer estimates that the measures in budget 2012-13 will cost 67,000 jobs. According to Statistics Canada, there are currently 6.5 unemployed workers for every reported job vacancy in Canada. That is a very poor record for a government that claims to be such a good economic manager. We would have expected the government to use Bill C-4 to fix this situation, but it is doing nothing. Instead of attacking workers, this government should focus on creating good new jobs, but it is not doing that.

Since coming to power, the Conservatives have been going on and on about the fact that the cupboard is bare and more cuts are needed. The nation's finances should be managed responsibly, but it is important to set priorities.

Since 2006, the government has spent $1 billion on organizing the G8 and G20 summits, $500 million on advertising and $1.3 billion a year on tax breaks for its friends in the oil industry.

I would also like to point out that this government did everything it could to bill taxpayers $40 billion for fighter jets. I can see why Canadians are shocked when they hear that there is no money and the Conservatives cannot give them a helping hand to make ends meet. This government continues to cut services that Canadians are entitled to while giving billions of dollars to companies that already make billions in profits.

It cannot be said often enough that public services primarily serve middle-class families. They are the ones who use them the most. I can also understand why Canadians are outraged when they learn that over 400 veterans among those with the most severe disabilities are not eligible for the Canadian Forces pension plan.

This is all a matter of priorities, and obviously, the Conservatives' priorities are quite different from those of all other Canadians. The Conservatives have clearly picked sides by using Bill C-4 to attack workers' rights, rather than reducing inequality and creating good jobs.

The government can be sure of one thing: every time it tries to attack labour rights and proposes measures that increase inequality, it will have to deal with the NDP.