Bill C-4 (Historical)

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

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.

Report Stage

[The Speaker, Andrew Scheer]

I wish to inform the House that because of the proceedings of the time allocation motion, government orders will be extended by 30 minutes.

Resuming debate, I will recognize the hon. Parliamentary Secretary to the Minister of Agriculture.

[Pierre Lemieux, Conservative, Parliamentary Secretary to the Minister of Agriculture]

Mr. Speaker, I am pleased to rise today to speak about the Conservative Party's 2013 budget, especially since my colleagues and I have worked very hard to give Canadians the best possible financial plan as part of the federal budget.

The budget focuses on what is really important to Canadians. It gives Canada the means to stay the course while we focus on Canadians' priorities, namely economic growth, job creation and fiscal balance.

I especially want to point out the significant financial support in the budget for infrastructure across the country. I am referring in particular to measures such as the gas tax fund, which benefits my riding of Glengarry—Prescott—Russell.

Our government has proposed a 10-year funding commitment through the community improvement fund, the new building Canada fund, and the renewed P3 Canada fund. This would build on significant infrastructure funding delivered since 2007 and should be highlighted as we discuss the budget.

The new building Canada plan would mean stable, long-term funding for important projects, such as roads, bridges, water, waste water, recreational facilities, and other important community infrastructure. This would represent a total of more than $2.7 million across my riding each year through the federal gas tax fund alone.

Since being elected in 2006, I have listened carefully to my local mayors and their councils. Local infrastructure, particularly roads, is a top priority within my riding for the people of my riding.

Our Conservative government has extended, doubled, indexed, and made permanent the gas tax fund. These improvements provide predictable, long-term funding for our municipalities. It helps them build and revitalize local public infrastructure while creating jobs and long-term prosperity.

I recently had the honour of announcing projects that were carried out in my riding through the federal gas tax fund, in the communities of Hawkesbury, Russell and La Nation.

These municipalities are very pleased with the results. With our resurfaced roads, residents and visitors will enjoy better traffic flow and increased safety in the region for a long time to come.

In a riding like mine, which hosts visitors and tourists for festivals and special events, sustainable infrastructure offers some solid economic advantages that are very important to growth.

I am very honoured to continue serving as the member of Parliament for Glengarry—Prescott—Russell in this 41st Parliament, particularly during this time of growth. My constituents are eager to see the budget implemented, as it means continued growth and prosperity for them.

The opposition has consistently voted against the implementation of our budgets. They have sent a clear message that they are not listening to the voices of hard-working Canadians. They have voted against our budget measures in the past and will likely vote against this one, even though our track record is one of economic growth and sustainability, which is important to all Canadians.

Bill C-4 clearly outlines our government's commitment to businesses, which, I might add, create jobs and are a driving economic force in many rural communities, such as mine. I hope the opposition will note that we have committed to extending the hiring credit for small businesses, which are the real job creators. The hiring credit assists employers with a tax credit of up to $1,000 to help cover the cost of hiring new workers. This gives them the opportunity to take advantage of emerging economic opportunities. We would extend the hiring credit because of its success.

Our economy is improving, thanks to our economic action plan and measures such as the hiring credit. It is not just businesses in my riding that would benefit. In fact, it is estimated that 560,000 small businesses across Canada would benefit from this measure, saving them $225 million in 2013.

Across my riding, people are also concerned about employment insurance and its sustainability. They are concerned about the effectiveness of the program. These are legitimate concerns that our government has recognized and would address through budget 2013.

Allow me to explain that in these challenging economic times, our federal government has focused on strengthening our Canadian economy and on job creation. The encouraging news is that since 2009, our economy has created more than one million net new jobs. Ninety per cent of these are full-time jobs, and 75% are in the private sector.

Unfortunately, a number of Canadian businesses are having a hard time hiring enough Canadians, even though our employment rate hovers around 7%.

As a result, businesses are using the temporary foreign worker program to bring qualified people in from other countries to fill their employment needs. Nevertheless, many jobs that could be filled by Canadians remain vacant, and that is why the government must ensure that they are given priority for these jobs.

In order to increase job opportunities for Canadians, our government took the initiative to change two important programs, as we explained in our budget: the temporary foreign worker program and the employment insurance system.

With respect to the temporary foreign worker program, we have adjusted some of the criteria to improve the system. Businesses will need to make a greater effort to hire Canadians. The only acceptable job language requirement is now French or English and businesses must pay a fee of $275 per position requested.

With respect to employment insurance, Canadians on EI are now expected to accept suitable employment opportunities within their local area. The highest weeks of earnings are now used to calculate EI payments. “Working While on Claim” has been implemented to encourage Canadians to accept some available work while receiving EI benefits provided that they are looking for other work. Additionally, a link between the temporary foreign worker program and EI is being implemented to better connect Canadians to available jobs in their local area.

In essence, these changes will mean more money in the pockets of hard-working Canadians. We are equipping Canadians in their search for work and adjusting regulations to ensure they can gain more money than before as they search for full-time employment.

That is not all. Our government recognizes that we are still living in an uncertain global economic environment. This is why we have committed to maintaining a sound fiscal position. Responsible fiscal management is necessary for the sustainability of our public services and ensuring low tax rates for future generations.

Our federal government will continue to restrain spending growth without cutting transfers to Canadians, including vulnerable persons such as seniors, children and the unemployed. We will restrain growth without cutting transfers to other levels of government in support of health care and social services. Our record clearly speaks for itself in that regard.

In Ontario alone, for example, our government has increased federal transfers, which includes health care, by more than 200% since 2006. That is over $8 billion in increase. This is tremendous and unprecedented, yet the opposition would have Canadians believe we are cutting support for crucial health care needs when in fact we have increased this funding to record highs.

We are committing to improving services and achieving efficiency and we will do this while keeping taxes low and enhancing the integrity of the tax system. As a result, the deficit is expected to return to a balanced budget in 2015-16, which will be another tremendous achievement for our government.

The budget is excellent news for the people of Glengarry—Prescott—Russell and for all Canadians. It sets us on the right track towards economic prosperity.

I assure the House that we thought long and hard before making our decisions. We made our decisions carefully, after considering the priorities and well-being of Canadians. I urge the opposition to support this bill so it can be passed quickly.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, I appreciate this opportunity to rise. I would have asked a question, except I have some issues I can pose to the entire Conservative caucus as opposed to any one individual member.

I want to start off by addressing the comments of the previous speaker about reaching a balanced budget by 2015. That is going to be much easier for the Conservatives because last year, as we understand it, there were $10 billion allocated in the budget they did not spend. There were people who were expecting monies, heritage and other places that was not spent. In other words, the Conservatives broke promises to people, which does not come as a great surprise. Therefore, hallelujah, they are going to announce that we have this money to put toward the deficit, so it is more important to meet this one target than it is to follow through on their commitments to Canadians and Canadian organizations.

I sat on the finance committee for a period of time through the last omnibus bills and all of the what I would call nothing short of craziness happened at committee as a result of the fact that so many things had been piled on top of the other that actually belonged, in our opinion, in other committees. With Bill C-4, the Conservatives are doing it again.

Of the last bills that came before that committee, Bill C-38, was the biggest one with which I was involved. It changed the Navigable Waters Act, the Environmental Assessment Act and all kinds of things that a person outside this place would ask what it had to do with the budget. The fact was it did not. It was just a tactic on the part of the government to jam things together to get it through as fast as it could, to keep it from being at committees where it could receive the proper scrutiny by members and the witnesses who could bring the expertise before the committee to fortify the situation.

Before the prorogation, we were dealing with Bill C-54 about the not criminally responsible. Some of the witnesses who came from the health community said that nobody in the psychiatric community was asked about that bill. All of this is symptomatic of what is happening with the government in the sense of not wanting to hear from anyone, MPs or anyone else.

My view and the view of the New Democratic Party is that committees are there to make bills better. We are there to help the government. The government brings forward a bill and we have a critique of it and recommendations, which are called amendments, never see the light of day because they are voted down at committee or motions are passed at committee to limit the time we have. If we do not meet that time allocation, anything that has not been voted on is deemed to have failed. Therefore, we could have a list of 25 good quality amendments and Conservatives will not even listen to them.

That anti-democratic aspect limits the ability of the sincere efforts of the House to try to improve legislation in a way that is just baffling. How in the world can Conservatives justify shutting out information, even if it is not from us? Information from the public or from experts in any given field relative to the budget or relative to those things that have been piled into the budget, how can they shut that down without giving it any consideration?

It makes us wonder what is behind the agenda. This is not new. As I said, it happened with Bills C-38, C-45, C-60. Other speakers today talked about the fact that all of those bills had some blatant mistakes that successive bills had to correct.

I am troubled again by the fact the Canadian Federation of Municipalities warned the current government and the previous government about a deficit in infrastructure to the tune of somewhere between $175 billion and $200 billion that needed to be taken care of now. Look at the situation with the bridge in Montreal, and we understand how desperate it can get really quickly.

It looks like some interim work has been done to repair the bridge and get the traffic flowing, but stepping back from that, we have almost $200 billion elsewhere in our country that deserves support. I believe the Minister of Finance has said that there is $800 billion of dead capital that businesses are holding onto for a couple of reasons. There is some sensibility to what they are doing because in 2008 they had trouble getting money from the banks. We had the lowest interest rates practically in the history of our country, so why was the government not taking 10-year bonds and partnering with the business community to start addressing some of the infrastructure needs?

In my community of Hamilton, we are near desperate on sewage. I hear of figures somewhere close to $200 billion of a deficit on Hamilton sewage. Basements of houses on certain streets in Hamilton flood every time there is a serious rainfall. They cannot even get insurance anymore. It is very clear for us.

The previous speaker made reference to temporary foreign workers. The figures I have may not be precise but they are certainly close. Two or three years ago we had roughly 240,000 new immigrants to Canada. They have support here. They have a sponsor who is responsible for all of their costs for 10 years, so there is no liability to us for them. However, in that period there were 241,000 temporary workers.

The temporary worker program was initially put in as support for the farmers. There was lots of work Canadians did not want to do and farmers needed help, and that program was originally set up to bring them in. Then all of a sudden, certain aspects of the business community woke up to the fact that they could pay temporary foreign workers less money and they would not have obligations to them. By the way, because they are here on a temporary permit, if they do not do exactly what they want, they get to go home really quickly. People from other countries come here. They are very dependent on money to help their families back home. It is a very insecure situation and they are being abused by the government and employers in Canada. That is shameful. There is no other word for it.

From my perspective, to hear the Conservatives talk about some modest change, I would love to have seen that at the immigration committee, to talk about temporary foreign workers and to look at that program in-depth, to step back from it and make some suggestions to help with that, but that opportunity was not afforded to us.

Going a little further on this, Bill C-4, as previous omnibus bills, piled together amendments to over 70 laws. One of them is the Public Service labour relations employment board act. That is a new addition. Another one is the Mackenzie gas project impacts fund act.

Why do we need a new act for labour relations when we have had labour relations in the country between the public service workers and the government for many decades? Why do the Conservatives suddenly need to change that? If we do need to change it, why is it not done through the appropriate department and the appropriate committee rather than a budget bill? It sounds like somebody is up to something. If I were a worker, with the number of cuts there has been to the public service workers already, I would be a little nervous just about the title of that bill.

Contained in Bill C-4 are very vicious anti-worker and anti-veteran measures. I never thought I would stand in the House of Commons in our country and say our government has anti-veteran policies.

The Conservatives have made changes to health and safety protection for workers. My time is running out and I have not even started my speech, but this is part of the give and take in this place. The last speaker spoke about some things that drew my attention to it, but if I have to close, I am certainly proud to close on defending veterans.

There is a Veterans Review and Appeal Board. We have seen day in and day out in the media of late where the ombudsman has spoken out in defence of veterans saying that they are not getting the health care or the protection they deserve and there are numerous budget cuts to that department. That is shameful. One thing Parliament must stand for is the veterans of our country.

This is an anti-worker, anti-veteran bill and it is absolutely shameful.

[Rick Dykstra, Conservative, Parliamentary Secretary to the Minister of Canadian Heritage]

Mr. Speaker, I listened closely to the statements and submissions made by the member. I certainly appreciate his input into this process.

I do want to clarify a comment he made about the temporary foreign worker program not having ever been studied. The member needs to do a bit more work in terms of his research if he is going to make statements like that. As the Parliamentary Secretary to the Minister of Citizenship and Immigration for approximately five years, I can say that the committee studied the issue of temporary foreign workers on a regular basis. It reviewed the issue of temporary foreign workers. It accessed a policy and regulatory review of the temporary foreign worker program. I spent countless hours travelling across this country listening to small business and businesses in the provinces of Prince Edward Island and Nova Scotia right across to British Columbia. There is substantive and very aggressive review of the program done on a regular basis at the committee level, within the ministry, and across the country.

I would like to give the member the opportunity to acknowledge, whether he agrees or disagrees with the direction the government takes, that the review takes place and that he clarify his comments.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, if members listen to the tone of my voice they will know that I definitely have a cold which, as a result, is causing a bit of a distraction.

I do agree with the parliamentary secretary that there has been a review. I should have said that there had not been an effective review relative to the problems that have been raised.

For the continuation of this program, I would suggest to the parliamentary secretary that from the indications coming to us, there is more work to be done. I see the parliamentary secretary is nodding his head. Again, I would be quite satisfied if his committee were to look at this and review it. That is the point we are trying to make: it should not have been part of a budget bill.

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

Mr. Speaker, I thank my colleague for his speech. Although he has a cold, he was on point and very clear.

We are used to seeing this government move to pass omnibus legislation and push through any piece of legislation in an omnibus bill. The proof is that we have a bill before us that will correct the mistakes made in using this approach. We know that this bill does not give Canadians the right to a healthy and safe workplace. However, in the NDP, we are convinced that no worker should have to jeopardize his or her health and safety to be able to work.

Does my colleague not think that this bill will put all powers related to health and safety into the minister's hands?

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, the health and safety legislation of this country was put together through tripartite negotiations among government, employers, and labour. A consensus was reached, often after fatalities and after very serious issues with respect to industrial-related diseases.

All of those things that have brought us to this stage of protection for workers are crucial every day. I do not know if the House is aware, but a worker is killed in Canada almost every day of the workweek. Roughly 300 workers are killed a year. Anything that could potentially impede that should certainly not be in a budget bill.

If it is deemed urgent that we talk about that issue, the human resources committee should look at it and study it in depth, because if we are going to make changes, we should be including all three players at the table when we discuss it.

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-4, our Conservative government's plan for securing Canada's future.

This economic action plan focuses on the things that matter to Canadians: jobs, growth, and long-term prosperity. In budget 2013, we are connecting Canadians with available jobs, helping our manufacturing and business sectors succeed in the global economy, investing in research and innovation, and supporting the building blocks of this great nation: families and communities.

What I would like to focus on specifically today in this budget implementation bill are our efforts to support job creators, streamline systems, close tax loopholes and prevent tax evasion, and demonstrate respect for taxpayers' dollars.

Bill C-4 covers a broad number of acts of Parliament, so what I intend to highlight in the relatively brief time I have to speak are some aspects of this bill that stand out for me and will resonate with Canadians.

Let me start with the lifetime capital gains exemption. The lifetime capital gains exemption exists to reward Canadians for investing in small businesses and makes it easier for the owners to pass their businesses along to their children.

Our Conservative government believes strongly in supporting small business people and entrepreneurs, and that is why we are increasing the lifetime capital gains exemption by $50,000. It will be effective for the 2014 tax year and it will increase with inflation each year after that.

We understand that it is important to reward hard work, allow Canadians to keep more of their own wealth, and support family businesses, and that is what this measure accomplishes.

Now let me talk about the accelerated capital gains allowance for clean energy generation equipment.

Bill C-4 will modify the accelerated capital cost allowance for clean energy generation equipment. The capital cost allowance regime under the income tax system can be accelerated for some clean energy generation equipment. To further encourage businesses to invest in clean energy generation and clean energy equipment, our Conservative government is expanding the biogas production equipment that is eligible for inclusion under this regime.

I believe there is a bright future for clean energy in Canada. Measures like these are paving the way for a better future, one in which we will rely less on antiquated technology and will move into an era of cleaner energy.

These measures will expand eligible waste to include pulp and paper waste, winery and distillery waste, and separated organics from municipal waste. This measure will also expand eligibility under the tax regime to include all types of cleaning and upgrading equipment used to treat eligible waste.

Now I would like to speak about restricted farm losses. Canadians understand that farmers feed our communities and play an important role in the food security of this country. We honour their hard work and we give them all the support they deserve.

That is why our Conservative government is increasing the restricted farm loss limit to $17,500 of deductible farm losses annually. We realize the sacrifices farmers make to work their land and we understand that for reasons beyond anyone's control, production will not be the same from year to year. That is why we have taken this measure.

At the same time, Bill C-4 will carry an amendment to clarify that taxpayers' other sources of income must be less than their farming income in order to take advantage of the full farm losses deduction.

Our Conservative government aims to protect farmers from unexpected losses. We are taking this measure to ensure that the bulk of these resources are aimed at those farmers for whom farming is the bulk of their livelihood.

I would also like to speak about software for the electronic suppression of sales.

We know that the best way to get ahead is to work hard and play by the rules, but unfortunately some people in our society feel they can cheat the system with impunity. The vast majority of businesses in the country are run by honest and hard-working Canadians, but for those very few people who have decided not to pay their fair share, we are introducing criminal offences and monetary fines under the Income Tax Act that are specifically aimed at combatting tax evasion software. This software is designed with one intention in mind: to falsify records for the purpose of tax evasion. People who use electronic suppression of sales software would be subject to any of a number of new penalties.

In terms of administrative monetary penalties, anyone who uses electronic suppression software would be liable for a penalty of $5,000 for the first use and an additional $5,000 for any subsequent use. If a person possesses or acquires this illegal software, there would be a penalty of $5,000 for the first offence and a fine of $50,000 for any subsequent offence.

Of course, in this bill we reserve the toughest measures for those who have decided to manufacture and sell these illegal products. It is more than just unscrupulous to make money from selling a product that allows people to engage in tax evasion, thereby skewing the playing fields for all businesses. For a first offence, the developer or the seller of such software would be fined $10,000; for a subsequent offence, this would rise to $50,000.

In terms of criminal offences, the possession, use, acquisition, manufacture, development, or sale of this illegal software by a person could be dealt with on summary conviction, which would entail a fine of between $10,000 and $100,000 or a prison term of up to two years or both. If there is a conviction on an indictment, the fine would be between $50,000 and $100,000 or a prison term of up to five years or both.

This may seem excessive to some, but when talking with business people in my riding of Calgary Northeast, which is of course the hardest-working riding in Canada, they will say that when some business people cheat the system, it creates an uneven playing field for everyone, especially those who choose to work hard and play by the rules. If we ask our business people to play by the rules and they do so, then we have a duty to protect their interests from those who would lie, cheat, and steal to get ahead.

Now I would like to talk about the hiring credit for small businesses in 2013, which brings me to another portion of our government's budget bill, Bill C-4.

In budget 2011, our government announced a temporary hiring credit for small businesses of up to $1,000 per employee. We did this under the realization that small businesses drive growth in our economy and provide substantial amounts of employment across Canada. In a time of global economic uncertainty, we know that supporting small businesses is essential. The hiring credit provides financial relief, offsetting the costs of hiring a new employee for a small business.

In 2012, we extended this hiring credit again. Now we remain in a time of economic uncertainty. Despite the fact that Canada's economy is on track and improving steadily, we have to remain vigilant about market forces outside our control. It is for that reason that we intend to extend the hiring credit for small businesses again this year.

Finally, I would like to talk about the temporary foreign worker program and how our Conservative government is streamlining the temporary foreign worker program.

Our changes involve giving the program the ability to electronically administer and enforce the temporary foreign worker program. This would include the use of electronic signatures, enabling secure online payment for the LMO process and eliminating the need to retain large amounts of paper.

I am personally pleased that we are taking this step. Streamlining the temporary foreign worker program would allow small and medium enterprises in Canada to hire workers more efficiently going forward. This is essential to our economy.

In closing, I call on members of the opposition parties to support Bill C-4 and implement this budget as quickly as possible. As I mentioned earlier, Canada's economy is on the right track. Let us support it.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, since I will be taking the floor soon, I will come back to some aspects of the speech we just heard.

That said, I would like to have the member who just spoke explain something to me. When the Conservatives took office, Canada had a surplus of $26 billion. However, as of today, they have managed to transform this surplus into a deficit, which is now $62 billion. When they came to power we had a trade surplus, and now we have a trade deficit.

How does the member explain this?

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, it is astonishing to hear from the member, who has never supported any trade in this country, nor has his party. Speaking of trade, this is the government and the party that has signed the most free trade agreements in this country. This is a government whose focus is negotiating and completing more trade agreements, because we believe that free trade agreements create jobs, bring employment to Canada, and make Canadians prosper.

[Ryan Leef, Conservative, Yukon, YT]

Mr. Speaker, we heard past speakers talk about the Federation of Canadian Municipalities. When the budget was released in the spring, it stated:

Today's budget delivers significant gains for Canada's cities and communities. We applaud the government for choosing to continue moving our communities forward even as it meets its immediate fiscal challenges....

This is also a budget that delivers real gains for Canadians.... [I]t will spur growth and job creation while laying the foundation for a more competitive economy.

As I know in the Yukon, because of the gas tax funds, indexed and now made permanent, our communities are able to project and plan for their own future needs and destinies. The City of Whitehorse, as an example, is receiving nearly $7 million in gas tax funds. Smaller communities are receiving half a million dollars to invest in important infrastructure.

I wonder if my colleague could share some of the experiences of his communities that receive gas tax funds. What are his comments on their wise investments and on the comments by the Federation of Canadian Municipalities?

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, my colleague has already answered the question, in a way.

In Calgary Northeast and in the city of Calgary itself, it is very well received that this is the government that took decisive action. This is the government that made this gas tax fund permanent, and this is the government that indexed the gas tax to inflation. This government believes that the real people on the ground are the municipalities and councillors who know the issues and where the bucks should go. We are making the gas tax permanent so that they can make their long-term plans.

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

Mr. Speaker, I listened carefully to the speech by my colleague opposite and I am not surprised that the Conservatives are still proclaiming loud and clear how good they are in economics.

However, I have a question for my colleague opposite. The Auditor General revealed that the Conservatives had lost $3.1 billion. Nearly six months later, they still do not know where the money has gone. What is worse, the debt continues to grow. The deficit in 2012-13 was almost $19 billion.

How can my colleague claim that the government is good in economics?

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, it is surprising that the member opposite was listening to my closing remarks. I urge her to listen to what Catherine Swift, president and chief executive officer of the Canadian Federation of Independent Business, said:

In a poll of the CFIB's members, the tax credit was chosen as the most popular measure from the last budget.... Everybody looks at that and says, “Well, a thousand bucks isn't much, but every little bit helps.” We know it was meaningful.

Hopefully my colleague from the other side has heard that.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, I am honoured to speak to this issue today on behalf of the people of Abitibi—Baie-James—Nunavik—Eeyou.

The sad thing is that I have to give this speech against a backdrop of time allocation and restriction of debate. For the 58th time, the government is limiting the time we can take to discuss the important measures in the budget.

I would like to read a quotation I found that goes like this:

For the government to bring in closure and time allocation is wrong. It sends out the wrong message to the people of Canada. It tells the people of Canada that the government is afraid of debate, afraid of discussion and afraid of publicly justifying the steps it has taken.

Who said that? The former minister of Public Safety.

I should also point out that the government wanted to prorogue Parliament for a month to rework its policies. I have nothing against that. I think the government's political agenda could use a drastic overhaul. The government asked for an extra month to revamp its whole agenda. Unfortunately, what we are seeing now is the same old, same old. The more things change, the more they stay the same on the other side of the House.

As for the budget, that too is just more of the same. This is another omnibus bill that does not meet my constituents' needs and does not offer the transparency Canadians are entitled to. The Conservatives failed to recognize the mistake they made with their previous omnibus budget bills. For the fourth time, they are doing their utmost to rush major changes through without adequate study by Parliament. The really astonishing thing is that they are doing it despite the fact that some of the provisions in this bill are there to fix mistakes that the government made by rushing the previous budget implementation bill through the process. That is a real shame, but that is what they are doing.

To put the cherry on top of the sundae of mediocrity, this is not the first time the Conservatives have used one omnibus budget bill to fix a previous one. One might think that after the first time, they might have taken a step back, taken a deep breath, reflected a bit, and decided not to repeat the same failed approach. One would think that they would have learned from their mistakes and would have gone in a different direction. Sadly, this is not what the government did in this case. No, it stared failure in the face, and when its mistakes were apparent, it decided to double down and continue its secretive ways.

This is not an approach that builds confidence among our constituents in our government institutions. Given the PMO's growing scandal involving the other place, one might think that the Conservatives would jump at the chance to build some confidence among Canadians, but no, it has not.

One thing that concerns me about the bill is the amendments to the Supreme Court Act. Some people might be wondering what the Supreme Court Act is doing in the budget. They are not alone. One does not have to be an expert on constitutional law to know that these two things have absolutely nothing to do with one another. Why are these amendments being included in this bill?

The government made another legislative blunder when it appointed Justice Nadon to the Supreme Court. Mr. Nadon worked for 20 years in the federal courts but never in a Quebec court, as stipulated in the criteria. This should not have been a problem. No government has ever made that mistake before. However, once again, the Conservatives thumbed their noses at these criteria. It is a bit like the Conservative government's appointment of a senator from Prince Edward Island who is still not eligible for a provincial health card because he is not considered a resident of that province. However, that is one of the basic criteria a person must meet in order to become a senator. Whoops. That is another story that I will perhaps have a chance to speak about another time.

In the case of Justice Nadon, the government should have admitted that it made a mistake and appointed another judge from Quebec who meets the criteria, as it did in the case of Justice Wagner last year. Is that what the government did? Unfortunately not. On the contrary, the Conservatives decided to charge ahead with their appointment and then try to fix their mistake by quietly slipping amendments to the Supreme Court Act into the current budget bill, while inviting Quebec to challenge the appointment before the courts.

The Supreme Court is a non-partisan institution that should unite Canadians, not divide them. The Conservatives have found a new way to cause division, though.

I am very concerned about the government's approach. This unilateral action is not going to resolve the problems raised by Quebec with regard to its representation on the Supreme Court, nor is it going to encourage the public to trust the government's ability to govern in a responsible and effective manner.

I could go on for hours talking about the flaws and the problems with the bill, but I will save some for my colleagues in the official opposition to talk about.

The Conservatives prorogued Parliament and told Canadians to wait an extra month for Parliament to resume so that they could reset their policy agenda. However, the bill before us is a clear sign that the Conservatives are stuck in the mud, with more of the same tired agenda that has failed to address the real priorities of my constituents and all Canadians.

We have a word for that in my Cree language: Wa nay ta siuch.

It means someone who makes a mistake. However, there is also Wa nay ta siuch.

It means that they do not know what they are doing. That is what is happening here.

Canadians deserve much better than what the Conservatives are offering, and as such, I cannot support the bill. I cannot support the Conservatives' attempt to evade scrutiny by this Parliament and all Canadians. I am proud to oppose this budget and its implementation bill, unless it is changed and corrected.

It is not too late for the Conservatives to see the light and finally address the real priorities of Canadian families by creating quality, well-paid jobs; ensuring a secure retirement; fostering opportunities for young people; and making life more affordable for families.

I urge my colleagues on the other side to seize this opportunity, this chance, to get this right. Change course and work with us to make a budget bill that will truly help Canadians from coast to coast to coast.