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

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I believe it is important that every so often we re-emphasize exactly what Bill C-4 would do. It is a Conservative majority government that has made the decision to bring in vast amounts of legislation through the back door of a budget bill, independent pieces of legislation that should stand alone. That, ultimately, has been an assault on democracy here inside the chamber. We are not being provided the opportunity to debate many aspects of the legislation.

The member just made reference to one very minor issue, but an important one. At the end of the day, there are so many other issues that will not be voted on separately, that will not even be debated because of this majority government mentality of sneaking legislation through the back door of a budget bill. I wonder if the member might want to reflect on all the lost discussions and debates that will not take place because of the majority government's attitude, which is disrespectful for the process here in the House of Commons.

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

Mr. Speaker, I listened closely to the speech made by the member opposite, who is from British Columbia. He did a fine job of detailing the issues surrounding our natural resources. He spoke about coal and other resources.

I fully agree that there are resources available; however, we must have the means to develop them in a responsible and scientific manner.

Bill C-4 is an attack on the National Research Council of Canada because it eliminates nearly half of the agency's positions and gives more authority to the president, who was chosen by the government.

Does my colleague think that firing hundreds of scientists and researchers will help develop the natural resources in his riding?

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, I am glad to rise today with regard to Bill C-4, because there is a part of it that pertains specifically to my riding of Kootenay—Columbia. That is under division 7, clauses 239 to 248, which deal with the Dominion Coal Blocks. I am sure my friend from the Green Party will be listening intently to that.

I want to provide some context with respect to the Dominion Coal Blocks, which most members are probably not familiar with, and how we got to where we are and why we are proposing a divesting of them.

Back in 1897, the Dominion Coal Blocks were created through the Crow’s Nest Pass Act, which allowed for the railways to come in from Alberta to British Columbia. However, they had to provide something back to the federal government in return. They provided a fairly large swath of land in southeastern British Columbia, which gave the rail lines the opportunity to come in. Those lands were acquired by the federal government in 1905. As a result, they were largely underutilized and have supported limited forestry operations and recreational activities since that time.

We know the Dominion Coal Blocks have a huge potential regarding metallurgical coal, which in common terms is the steel-making coal, used vastly around the world for a number of things.

There are two lots in discussion here, those being lot 73 and lot 82.

Lot 73 is located between Sparwood, British Columbia, and Hosmer, British Columbia, to the east. It is a section of land of approximately 2,000 hectares. It contains a very rich resource of metallurgical coal. Some would argue it has as much as 75 million tonnes of metallurgical coal. Others would say it is even higher.

Lot 82, which is located south of Fernie, British Columbia, in what is referred to as the Flathead Valley, poses a bit of a different issue, not only for the federal government but for the Province of British Columbia and municipal and regional governments.

I am glad to see the federal government has considered splitting lot 82. It is a sizeable lot of 18,000 hectares. The southern part of lot 82, which goes into the Flathead Valley, will be protected from natural resource extraction, which I think is a great move by our government, because what it does do is protect the integrity of the Flathead Valley, one of the most precious resources in all of Canada if not North America for its water and forestry resources, as well as a number of wildlife. The greatest habitat of grizzly bear in all of North America is within the Flathead range.

On the other hand, the other part of lot 82 would allow an opportunity for natural resource extraction, should there be an availability for it. That is a great opportunity as well.

This bill being moved forward would give the federal government the opportunity to divest itself of both lots 73 and 82. It is a great opportunity not only for the federal government but also for the extraction industry to move forward with some great opportunities with respect to metallurgical coal.

I will list some of the opportunities available not only through the Dominion Coal Blocks but also through the great resource we have in the southeast corner of British Columbia, of which many members may not be aware. In the southeast corner of British Columbia there are five coal mines. On average we export 27 million tonnes of metallurgical coal per year around the world. We are the second largest exporter of metallurgical coal in the world and the largest exporter in North America. To provide some context, the average price for metallurgical coal is around $150 a tonne. Each car of coal is worth about $15,000, which equates to about $11,200,000 worth of metallurgical coal being extracted out of the Elk Valley per day.

What the Dominion Coal Blocks would do is extend the life of the opportunity for coal extraction within the Elk Valley. The opportunity for any coal company to come along and potentially extract coal, especially from lot 73, is huge.

What I do appreciate, not only from the federal government but also from the provincial government, is that the inclusion of first nations has been paramount in the discussions with regard to the Dominion Coal Blocks and they have been included from the get-go. The Ktunaxa Nation has been a partner in this right from the onset. They understand the value of natural resource extraction, and they have also become a partner with Teck Resources with regard to the opportunity for profit sharing.

I think there are some great synergies that we can see here, with the federal government, with the provincial government and with municipal governments in the areas, where we have satisfied the opportunities for the environment in the Flathead Valley. We have satisfied the opportunity to work diligently and closely with first nations, and we have satisfied the opportunity to divest of some land we have held since 1905. It is time to divest and allow natural resource extraction to continue on in the Elk Valley. Also the federal government would have the opportunity to sell off some land that, for the most part, it would not be able to utilize.

I just want to come back to clause 241 within C-4, which says:

Nothing in the Crow’s Nest Pass Act, in the agreement mentioned in that Act or in any covenant in the instrument conveying the Dominion Coal Blocks to His Majesty in right of Canada operates so as to limit the power of Her Majesty in right of Canada to hold, dispose of or otherwise deal with the Dominion Coal Blocks, or any part of the Dominion Coal Blocks or any interest in them, in any manner and on any conditions that Her Majesty in right of Canada considers appropriate.

I think that is a great way to explain to people that this government has dealt with this in a very efficient manner, a very fair manner, and everyone at the table seems to be happy with how we are going to move forward.

In closing, I just want to say that the coal industry in Canada is a vibrant industry, especially in southeastern British Columbia, and that Dominion Coal Blocks would bring a lot to this, extending the life of many of the mines in the Elk Valley. We are looking forward to the day when we can say the Dominion Coal Blocks would be used for natural extraction, especially in lot 73, and in lot 82, we can say we preserved the environment.

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, I have here an ad that you might find interesting. I will read it to you.

For sale: Charming Parliament with river views, located in a hard-working country populated by responsible citizens with a still partly intact international reputation. Note to buyer: some renovations are needed.

That is basically what the Conservatives are saying with Bill C-4. They are sending the message to Canadians, and to the world, that this House is now useless, since the decisions of its members are no longer subject to debate. Need I remind the government that debate and information are essential to the survival of democracy?

Let us face the facts and ask ourselves this question: what is the difference between a dictatorship and a democracy? Information, checks and balances, and meaningful representation are some of the necessary components of a democracy. I may be repeating myself, but just as we did with the three budget bills, we are opposing Bill C-4, because of both its content and the process used by the Conservatives.

Bill C-4 contains a wide range of complex measures that deserve further study, which we do not have the time to do here, because we are once again under a time allocation motion. Introducing bills of this magnitude with such a broad scope and allocating so little time to consider them undermine the work of Parliament by preventing members from thoroughly studying the bill and its implications.

We will then be criticized for voting against Bill C-4. Once again, the Conservatives are trying to keep Canadians in the dark and change a large number of laws without holding actual consultations.

When the Conservatives introduce over 70 legislative amendments in a document of 300 pages, and many of these changes have nothing to do with the budget, it is only reasonable to ask questions. At this stage, we have the obligation to ask questions. I will not dwell on the details of this bill because that would be virtually useless, given the short time allotted to us. Indeed, I wonder whether the members opposite have had time to read the bill that they are voting for as a block.

The process that is being used here is rather worrisome. For example, what about the concentration of power this bills bestows? Many provisions of this bill grant more power to the minister, who will do what he likes in any case. This is a strong trend that we have seen with the amendments to the Labour Code and with health and safety issues. The minister makes the decisions, but who is he to make those decisions alone?

Among other things, this bill will make it more complicated to refuse to work in dangerous conditions. Canadians should not have to work in conditions that pose a threat to their health. This type of decision is easy to make for a minister who works in a comfortable office. He should go work as a logger for awhile and see what kinds of hazards some Canadians face at work. Personally, I am well acquainted with those hazards.

We also see this trend at the National Research Council of Canada, where the government unilaterally eliminated the positions of many world renowned and experienced researchers. Do not worry. The Conservatives will compensate for it by appointing a stronger and more arbitrary president.

I seriously wonder how the Conservatives can run a country without science. On what information are they basing their policies, when there is no consultation, no science, no census and no debate?

Unilateralism has no place in a democracy, and Canadians are well aware of that. They know better. Let us suppose that the Conservatives truly believe that they are omniscient and that they do not need to hear the opinions of others, even experts.

What will happen once the bad guys take power? That is not just hypothetical. Imagine the situation. Canadians would find themselves in a very bad position.

Now imagine that all Canadians believed in a polluter pay principle for the Mackenzie gas project. What will they think of the fact that the Conservatives have now done a 180 on a position they themselves advocated? That is troubling.

According to the Parliamentary Budget Officer, budget implementation bills from 2012 to now will cost over 67,000 Canadian jobs and shrink the GDP by .57%. Is that the kind of economic progress the government wants for this country? It is not what my constituents and I want.

Workers have the right to work in safe and healthy workplaces. People have the right to economic policies that meet their expectations. That includes a healthy environment, secure and well-paid jobs, respect for veterans, an effective fight against tax evasion, and more.

The Conservatives say that they have created a million jobs, but how many of those jobs are part-time, minimum-wage jobs? We will not fall for that. The government cannot solve all of those problems and many others with a wave of a magic wand. The House is here for another purpose: debate.

When I visit people in my riding, they ask why there are so many closure motions. I tell them that the government makes those decisions and that we always vote against closure. We always lose those votes though. We have to make use of the privilege we have of being in the House. Elected representatives have to be allowed to talk about all of the issues and bills that come up in the House.

Omnibus bills are catch-all bills that the government puts all kinds of things into and calls it a day. The opposition's votes are basically wasted because the Conservatives have a majority.

I believe that people in my riding and across Canada want to hear their members of Parliament debate bills here in the House and in committee.

When we come back to the House at the end of January, we will have to debate bills. I hope that this is the last time the government will impose closure until October 2015.

[Joyce Bateman, Conservative, Winnipeg South Centre, MB]

Mr. Speaker, certainly in my riding, and I share this with a lot of my colleagues, the backbone of Winnipeg South Centre is all the wonderful families in the area. Many of those families are running small and medium-sized businesses, which are the backbone of job creation for our Canada.

I am so very pleased that we are not only in the process of creating jobs but are in the process, with Bill C-4, of ensuring that those small business entrepreneurs, whether they own a phenomenal Italian grocery store or a Subway, would reduce, with this proposal, their costs of EI. More important, or equally important, the workers at all of their stores and all of their enterprises would pay less for the next three years.

We are ensuring that there will be stability. We are ensuring that there will be the ability for families to spend money on other things too.

[Joyce Bateman, Conservative, Winnipeg South Centre, MB]

Mr. Speaker, I want to take this opportunity to add my comments to the debate.

Two years ago, Canadians elected our government and gave it clear instructions: create jobs, grow the economy, keep taxes low and balance the budget.

Canada has faced challenging times, and we have faced tough decisions. I am very pleased to say that we have made the right choices for Canadian workers, businesses, families, and communities.

The results of these choices are clear: debt is low, and deficits are falling.

Our economic action plan has made Canada one of the top economic performers in the G7, both during the recession and throughout the economic recovery.

Here are the facts.

Since July 2009, the worst point in the global recession, Canada has created over a million net new jobs, 90% of which are full-time, with nearly 85% in the private sector.

With Canada's continued economic growth in the third quarter, this is the ninth consecutive positive quarter, another sign that our economy is on the right track.

The unemployment rate is at its lowest level in four years, and it is significantly lower than it is in the United States, a phenomenon that has not been seen in nearly three decades.

For the sixth straight year, the World Economic Forum has ranked Canada's banking system the soundest in the world.

The federal tax burden is at its lowest level in 50 years.

We have achieved positive results for Canadians, but we are under no illusion that our work is finished. The global economy remains fragile, with growth in advanced economies somewhat slower than expected.

In addition to the threats to the Canadian economy that lie beyond our borders and beyond our shores, I am concerned about the potential threats to the Canadian economy from within our own nation, such as the threats from the leader of the NDP. As if imposing a $20-billion carbon tax was not enough, the leader of the NDP has another multibillion-dollar tax hike he wants to impose on Canadians. He just recently reaffirmed his plan to take billions of dollars, each and every year, out of the pockets of Canadian entrepreneurs and businesses to fund big, bloated government schemes. This NDP tax hike would target job creators, especially small and medium-sized companies, the engine of economic growth. With a nearly 50% increase in their tax bills, it would be devastating, particularly at a time of global economic uncertainty.

Canadians know better. That is why Canada's economic action plan actively pursues new trade and investment opportunities, particularly with large, dynamic, and fast-growing economies.

Our government recently reached an agreement in principle on the Canada-European Union comprehensive economic and trade agreement. That agreement will add the equivalent of 80,000 new jobs to the Canadian economy.

Economic action plan 2013 focuses on positive initiatives to support job creation and economic growth, while balancing the budget by 2015.

During the recent great recession, our government took the necessary steps to safeguard our economy, our families, and our jobs. Indeed, it responded quickly and effectively in January 2009 with Canada's economic action plan. It included investments in infrastructure and tax relief for Canadian families. It was instrumental in getting Canadians back to work. At the same time, we kept government expenditures under control.

However, unlike previous Liberal governments, we have not and will not cut major transfers to Canadian families or to other levels of government in order to balance the budget.

That is possibly the most important factor. We all remember the mid-90s, when the previous Liberal government reduced the deficit, yes, but did it on the backs of health care and education for our children.

Instead of our Conservative government taking that approach, we have set clear targets to bring down the deficit and return to a balanced budget by 2015. Our government will also not engage in a risky spending scheme.

Our government does not want to be involved in risky spending schemes. It will not impose a $20 billion carbon tax or increase corporate taxes.

Indeed, our plan to return to balanced budgets is working. Just as our government tackles debt, we are also tackling expenditures. We are reducing the size and cost of government to ensure that taxpayers get value for their money.

We must always find a way to add value to every dollar of Canadian taxpayers' money that is spent.

In addition, we are trying to target, and are doing so very effectively, a lot of tax loopholes. We are addressing aggressive tax planning, clarifying tax rules, combating international tax evasion and aggressive tax avoidance, and improving fairness. When we ensure that everyone pays his or her fair share, it keeps taxes low for all Canadian families and businesses and thereby improves the incentive to actually work, save, and invest in our Canada.

Overall, measures taken by our government since budget 2010 will result in ongoing savings of roughly $14 billion, and our government will go further, enshrining in law its successful and prudent approach to balanced budget legislation.

Just as Canadian families know that they cannot prosper by continually spending money they do not earn, this is how we are managing the Government of Canada. Our Conservative government believes not only in keeping families strong but in keeping people employed. That is why Bill C-4 would deliver a three-year freeze on employment insurance premiums, delivering tax relief for small-business owners and the workers they employ.

I have a number of citations from people, such as the president of the Canadian Federation of Independent Business, who have applauded these efforts and say that this is exactly what is required for the Canadian economy. Indeed, Diane Brisebois, president and CEO of the Retail Council of Canada, commented in exactly the same way. I want to share what Dan Kelly, president of the Canadian Federation of Independent Business said:

...an EI rate freeze is fantastic news for Canada's entrepreneurs and for their employees. This move will keep hundreds of millions of dollars in the pockets of employers and employees which can only be a positive for the Canadian economy.

I could go on with a number of these. The freeze will help attract foreign investment in Canada. It will help create jobs for Canadians and will foster long-term economic growth.

It will encourage job creation and economic growth, which will generate long-term prosperity for all Canadians.

Unlike the opposition, our government understands that tax relief is important to all Canadians. I encourage all members of the opposition parties to vote in favour of this important measure, Bill C-4, which will leave more money in the hands of the average Canadian.

Of course, we have adopted many other measures that will create jobs, encourage economic growth and generate long-term prosperity for Canada. However, I do not have time today to list them all today.

[Ryan Cleary, NDP, St. John's South—Mount Pearl, NL]

Mr. Speaker, I stand in opposition to Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, for two main reasons. First, is the content and the second is the process.

With respect to content, this budget implementation bill impacts much more than the Conservative budget. This is an omnibus bill. The word “omnibus” is derived from the Latin and it means “for everything”.

The Conservative government has thrown practically everything into this omnibus bill, as is its habit. This is the fourth omnibus budget implementation bill. This omnibus bill would amend 70 laws or regulations in one bill. That is a massive amount of content. How is a member of Parliament, how is an opposition expected to thoroughly analyze and study all the amendments in this one bill, especially with the introduction of time allocation? I will come back to that in a moment. That particular Conservative tactic deserves a few special moments.

The content in this omnibus bill ranges from changes that got health and safety protection for workers to reductions at the Veterans Review and Appeal Board to gutting the National Research Council. Hundreds of our country's top scientists and researchers have been laid off or muzzled. They cannot speak their minds. They are not free to outline their research or their findings. Why? For fear of retribution, that is the answer. They cannot speak for fear of losing their jobs, for fear of being blackballed, for fear of being blacklisted.

Now with Bill C-4, the Conservatives are cutting nearly half of the positions at the National Research Council and giving more power to their hand-picked chairman.

Mr. Speaker, a question is, “Have I lost you yet?” The content goes on and goes on. This omnibus bill also includes two entirely new bills, the Mackenzie gas project impacts fund bill and the public service labour relations and employment board bill. This omnibus bill repeals the Canada Employment Insurance Financing Board.

Have I lost you yet, Mr. Speaker? This bill pushes ahead with a tax hike on labour-sponsored venture capital funds. This omnibus bill even gives new immigration powers to the minister. Bill C-4 allows the Minister of Citizenship and Immigration to create a requirement that foreign nationals wanting to enter or remain in Canada as permanent residents must be issued an invitation from the minister, or must express their interest to the minister through an expression of interest.

Have I lost you now, Mr. Speaker? Do I sound like I am all over the place? I should sound like I am all over the place, because I am all over the place. More specific, the Conservative omnibus bill is all over the place with everything in it but the kitchen sink. The tabling of such a wide-ranging bill in such a short time frame undermines Parliament.

Why does this omnibus bill undermine Parliament? It denies MPs the ability to thoroughly study the bill and its implications. That is the short answer.

I want to move on now from content to process.

Earlier today the Conservative government introduced time allocation on Bill C-4. With this motion, the Conservatives have shut down debate 58 times since the election in the spring of 2011, 4 times alone since the opening of the new session. The Conservatives are setting records, the worst kind of records.

The Conservatives rushed the bill through the House at second reading in order for the finance committee to start studying it. However, the finance committee was busy with prebudget consultations so it took almost three weeks before it could start studying the bill.

That is the Conservative process. Then what happens when the Conservatives rush a bill through the House? They make mistakes. The government is using its omnibus budget bills to fix mistakes it made in previous omnibus budget bills.

What would this omnibus budget bill do for the Canadian economy? Let us see. Despite what the Conservatives claim, it eliminates thousands of jobs. It cuts direct program spending. It weakens GDP growth. The Conservatives told Canadians to wait an extra month for Parliament to resume this fall so they could reset their policy agenda, press the reset button. Only they missed the reset button, or ignored it entirely and they hit the carry on as if things were normal button. Only the Conservatives are not normal. They are so far right they have lost sight of the Canadian way of balance between development and the environment, balance between industry and regulation and balance between health and safety and profit.

The Conservatives claim the economy is their flagship. That is what they boast most about. To that sentiment, I quote Michael Harris. He is well-known in my province of Newfoundland and Labrador for his writing and for his journalism, but he is known just as well here on the mainland. He says:

The PM and his government are not good managers. The nauseating repetition of the claim that the Tories know what they’re doing with the country’s finances will not make it so. They've pissed away more money than Madonna on a shopping spree—a billion on the G8-20 meetings that put a dent in the world’s Perrier supply and little else. They just plain lost $3.2 billion and the guy in charge over at Treasury Board is still there....They are such good fiscal managers that we now have the highest deficit in our history.

Over the last couple of decades, or more, the median wage rate has hardly changed.

Let me make another point on omnibus bills. This omnibus bill, as I said earlier, would amend 70 laws or regulations. As conservative commentator Andrew Coyne has pointed out:

We've no idea whether MPs supported or opposed any particular bill in the bunch....There is no common thread that runs between them, no overarching principle; they represent not a single act of policy, but a sort of compulsory buffet.

It will not be long now before a Conservative MP stands up in the House and rips into an opposition MP for not supporting a particular piece of legislation, when the legislation the Conservatives are ripping us for was likely contained in an omnibus bill and it was that omnibus bill that the opposition MP voted down. It is an insane Conservative circle. This government stuffs as much non-related legislation into an omnibus bill as possible to get as much passed, to get as much by Canadians as possible.

Conservative MPs stand in the House day after day and sidestep or outright ignore pointed questions on scandals, on abuse and on government itself, but Newfoundlanders and Labradorians are paying attention. Canadians are paying attention. The deception is sinking in. We will work tirelessly on this side of the House to ensure Canadians do not forget these massive omnibus bills or the non-answers. We will work tirelessly to ensure they do not forget the government's undemocratic and un-Canadian ways.

Jack Layton once said that the moment one was absolutely sick and tired of repeating a message, so tired that one could not possibly repeat it another time, it was only then that the message would sink in, that it was getting across. I will never tire of spreading the truth about Conservatives and their agenda.

[Rob Merrifield, Conservative, Yellowhead, AB]

Mr. Speaker, it is a privilege for me to contribute to the debate on Bill C-4. It is a very comprehensive piece of legislation and goes a long way toward keeping Canada at the level it has already achieved, not by Canada's standards but by international standards, which is the number one place to do business in the world.

That is remarkable. Canadians are not used to being number one. We are kind of modest people and have kept quiet about that, but the reality is that being number one in the world is no small task and did not happen by accident. It happened because of very deliberate actions. The actions we have taken over the last number of years since the great recession in 2008 have put us in this position, and our position is unique.

I go to Washington to deal with my counterparts in the U.S. legislative arm on a continuous basis, and they ask me all the time what it is that Canada has done. In fact, we have been dubbed by some people in America as “the miracle to the north”. They want to know what it is that Canada has done that has brought us to the position of being named by the IMF and the OECD as the number one place to do business in the world, the place with the greatest opportunity over the next number of years to do business.

Creating a million jobs since the recession is no small task. That is a very large number, and very significant. How did that happen? How is it that we rate number one?

The reality is that we have made, let us say, four broad strokes of fundamental change in direction from the direction that our opponents would have taken in Canada.

First, we lowered taxes. We did not increase them. In fact, we lowered them some 160 times, which I will talk about in a minute. Second, we shrank the size of government; third, we freed up the private sector; and, fourth, we have gone after international markets.

I will break those down, because they are rather significant if they are lumped together as a direction and formula for success. All of the G7 countries are looking at similar things to do, but they are having a difficult time doing them.

Let me begin by talking about shrinking the size of government.

Shrinking the size of government is not an easy thing to do. In fact, it is very difficult to do. We went through every department, making certain that if we could do something better as a government we would try to be more efficient in doing that, and we lowered the cost of doing business in Canada so it would put us on a track to make certain that we can compete in the world. It is worthy of note that before the recession, when this government got into power in 2006, we paid down some $37 billion going into the recession so that the debt to GDP ratio was considerably lower at that time. Since that time, we have grown so fast that our debt to GDP ratio has not been compromised. In fact, it is interesting to note that we were at 34.6% in GDP in 2012. Some people would say that is just a number, but let us look at Europe.

We just signed a free trade agreement with Europe. The number one driver of the economy in Europe, let us say, is Germany. Germany's debt to GDP ratio is 57.2%, but the average of the G7 is over 90%. We are almost three times less than the average in terms of debt to GDP ratio.

Are we in good stead? There is a reason for the OECD and the IMF to say that Canada is doing very well, and it is because we have been disciplined as government.

On top of that, when I speak with my counterparts in the United States and tell them that we are forecasting balanced books by 2015, they say they just fought a debt ceiling crisis in October and they are going to have to do it again early in the new year. They say the big debate is about how much more money they can borrow and have printed.

Canada is not printing money. We are creating jobs and opportunity for the private sector to create the prosperity that Canadians deserve and should have as a country, and we are actually achieving that.

This is considerably different from what our counterparts across the way would have done. In fact, the NDP has said that it would have brought in a carbon tax and increased taxes on everything from—

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, today I rise to speak at third reading of Bill C-4, an act to implement measures contained in budget 2013. The bill fails to address the very real challenges faced by the middle class in Canada and those wanting to join the middle class.

For the past 30 years, governments of all stripes have been elected and re-elected in Canada on a similar economic platform: fiscal discipline; investment in infrastructure, research and skills; openness to trade; and tax competitiveness. Middle-class Canadians and those wanting to become part of it supported this agenda because they were promised it would create shared prosperity; but this has not happened. While the economy has more than doubled in size in the past 30 years, middle-class incomes have increased by only 13%. If we do not solve this problem, Canadians will eventually withdraw their support and we will all be worse off as a result.

Canadians who have lower incomes have an even greater stake in the well-being of the middle class. Today, Canadians feel it is more likely that they will fall from the middle class into poverty, rather than rise out of poverty into the middle class. The bill does little to help the economy and to create jobs. In fact, the so-called job measures in the bill are just a continuation of the status quo, which simply is not good enough. My riding needs jobs, and our young people need jobs.

Previously the government introduced a jobs training program, shortly after the last budget, but the program is still not running because the government forgot to talk to the provinces. Therefore, there is no jobs training program. While the government spent millions of dollars advertising the program, I repeat, there is no program. This is a government that invests money in self-promotion, but does not “get the job done” when it comes to putting in place the kinds of measures to create jobs and good training to help close the job skills gap.

The only indicator that has grown apace with GDP for the middle class is household debt. Middle-class Canadians are rightly worried about their finances as they face record levels of personal debt, amounting to $1.66 for every dollar of disposable income. They are struggling to make ends meet while interest rates are low and are rightly concerned about what will happen in the future if interest rates start to rise.

One of the driving forces behind this accumulation of household debt is the financial subsidization of adult children who cannot yet make it on their own. These young people are unable to pay rent and are forced to live at home. In fact, 43% of Canadian families have financially subsidized young people who have lived for extended periods of time at home with them because they cannot make ends meet. Sadly, young Canadians have been left behind during this so-called economic recovery. That is, they still have 225,000 fewer jobs than before the downturn.

I saw the lack of jobs for young people first-hand, day-after-day this summer. I had university graduates who came in to get help after being out of school and out of work for two years. I had grandparents who came on behalf of their grandchildren, the first in the family to graduate from university and college, asking why they had fled their country of origin to come to Canada, the land of promise, so their children could have an education. Now they have education and they still do not have a job.

The people in my constituency need jobs, and I have worked hard to get them jobs. In fact, I obtained funding for a completing the circle program, a $500,000 jobs program in our community. I personally review and edit resumés late into the night, sometimes doing two and three drafts. We get our people into jobs programs. We follow up with them to make sure their job searches are going in the right direction, and while they search, we help them with food, clothing and whatever other supports they might need. We should all remember that we have seen a 31% increase in food bank usage since 2008. At critical times, I have personally bought bedding, food, furniture and medicine.

Therefore, it was particularly hard to hear from service providers that federal funding was being cut for job and training programs in our Etobicoke North community. My community depends on these jobs programs. We cannot afford to have them shut down. That is why I contacted the minister's office. I hope this will be rectified.

What I was looking for in the budget, first and foremost, was real help for the people of Etobicoke North for jobs. Instead, we have 308 pages, with 472 separate clauses amending dozens of different pieces of legislation. It is another anti-democratic omnibus bill meant to limit debate and ram through as much unrelated legislation as the government can get through Parliament.

Once again my constituents are saddened by the fact that this is an omnibus bill with multiple sections that were deserving of full and proper hearings in committee and full parliamentary scrutiny.

While Conservative members claim, based on their talking points, that omnibus bills are nothing new, it is only under the current Prime Minister that we have seen omnibus budget bills that top 200 pages. The 2010 omnibus budget bill was almost 900 pages. In 2012, the Conservative government started a new practice of putting forward two omnibus budget bills. Canadians will remember Bill C-38, the 400-plus page omnibus budget implementation bill, which sprung sweeping changes on our country, affecting everything from employment insurance, environmental protection, immigration, old age security to even the oversight that charities receive. None of these changes were in the Conservative platform. They were rushed into law by “an arrogant majority government that's in a hurry to impose its agenda on the country”.

One newspaper stated that omnibus bills are:

...political sleight-of-hand and message control, and it appears to be an accelerating trend. These shabby tactics keep Parliament in the dark, swamp MPs with so much legislation that they can't absorb it all, and hobble scrutiny. This is not good, accountable, transparent government.

Canadians should remember that in 1994, the hon. member for Calgary Southwest, today's Prime Minister, criticized omnibus legislation, suggesting that the subject matter of such bills is so diverse that a single vote to the content would put members in conflict with their own principles and that dividing the bill into several components would allow members to represent the views of their constituents on each part of the bill. The right hon. member is now using the very tactics he once denounced. It is a shame that he changed his tune when he was elected to the highest office in the land.

There are similarities among the government's omnibus bills. Over and over we see, for example, increasing ministerial discretion, reducing objective criteria, and removing agencies and boards. Canadians should be deeply concerned by these similarities in different omnibus bills and by yet another of the government's end runs around the democratic process.

For the people of Etobicoke North and for young people across Canada, Bill C-4 offers very little. My constituents and Canadians need better and deserve better.

[Robert Goguen, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I wish to speak in support of clauses 471 and 472 of the economic action plan 2013, no. 2, which would add declaratory provisions to the Supreme Court Act. These declaratory provisions have been introduced to clarify the criteria for appointment to the Supreme Court of Canada. In particular, the intent of these provisions is to clarify that an individual who was at any time a barrister or advocate of at least 10 years standing at the bar of a province would be eligible for appointment to the Supreme Court of Canada. This would remove any doubt regarding the eligibility of accomplished judges of Canada's Federal Court for appointment to the Supreme Court.

Normally, the purpose of legislative amendments is to enact new provisions or to amend existing provisions to change the outcome of the provisions they replace or amend.

By their very nature, the proposed declaratory provisions will specify the correct interpretation of the law since its enactment. Basically, the wording reinforces the meaning of this law and makes it easier to understand.

The Supreme Court of Canada recently explained the impact of these declaratory provisions. In its 2013 ruling in Régie des rentes du Québec v. Canada Bread Company Ltd., the court stated the following:

The interpretation imposed by a declaratory provision stretches back in time to the date when the legislation it purports to interpret first came into force, with the effect that the legislation in question is deemed to have always included this provision. Thus, the interpretation so declared is taken to have always been the law...

In accordance with the purpose of a declaratory provision, clauses 471 and 472 of the bill confirm the fundamental requirement that judges must fulfill to be appointed to the Supreme Court of Canada. According to the current wording, these provisions specify that, the clauses authorize Federal Court justices to be appointed to vacant positions representing Quebec in the Supreme Court of Canada, provided that they have at least 10 years standing as members of the Barreau du Québec.

Consequently, former and current members of the Barreau du Québec will be treated in the same manner as former and current members of the bar of any province. The purpose is to have uniformity and equality for all provincial bars.

The Government of Canada is of the view that there is no doubt that Federal Court judges are eligible to fill any vacancy on the Supreme Court. This view is shared by former Supreme Court justices, the Hon. Ian Binnie and the Hon. Louise Charron, as well as the noted constitutional expert, Professor Peter Hogg.

During its study of clauses 471 and 472, the Standing Committee on Justice and Human Rights also heard evidence from Professor Benoît Pelletier, who was supportive of the government's position. The committee of the other place heard from the former Supreme Court justice, the Hon. Michel Bastarache, who also agreed with the government's interpretation.

Former Quebec minister of intergovernmental affairs and constitutional expert Benoît Pelletier, was very clear about the interpretation:

The interpretation that I believe prevails, or should prevail, when examining the spirit of the provision, is that, essentially, it is sufficient to have been a member of the bar for 10 years. But, one might not be a member today. It would not make sense to interpret the Supreme Court Act as disqualifying from the outset all justices of the Federal Court. It is an interpretation which, in my opinion, does not hold up.

It should be no surprise that so many leading experts agree with the government's view. As the Minister of Justice noted in his remarks to the Standing Committee on Justice and Human Rights regarding these very provisions, Federal Court experience is a strong asset for any candidate to the Supreme Court precisely because the Supreme Court regularly hears appeals from decisions of the Federal Court.

As the members of the House are well aware, judges of the Federal Court have served and continue to serve with distinction on the Supreme Court.

Furthermore, the Honourable Robert Décary, former Federal Court of Appeal justice, recently said, in the October 25, 2013 edition of La Presse, that by suggesting that Federal Court justices with civil law training do not have the civil experience required by section 6, does not take into account the increasing interdependence of Quebec, Canadian and international law.

I know that none of the Federal Court judges who have been appointed to the Supreme Court to date were appointed as members from the courts of Quebec. However, Federal Court judges ought not to be treated differently and excluded from consideration for appointment to the Supreme Court simply because after their many years of practising law in Quebec, they joined the Federal Court bench.

In keeping with the principle of bijuralism, the Federal Court justices must regularly interpret the Civil Code of Quebec when they apply federal laws in areas such as tax, copyright and bankruptcy in deciding matters that arise from Quebec.

However, despite the weight of expert opinion, some have continued to question the eligibility of Federal Court judges for appointment to the Supreme Court, particularly as members of the court from Quebec. In order to resolve this critical issue as soon as possible, the government has referred the matter to the Supreme Court of Canada.

In the meantime, Bill C-4 was determined to be the quickest method of clarifying the Supreme Court Act to guarantee that Federal Court judges can be considered in the process of filling upcoming Supreme Court vacancies, the first of which will arise next year. These declaratory provisions clarify, without making substantive changes to the law, that individuals with at least 10 years at any bar in Canada, including the Quebec bar, at any time during their career would be eligible to sit on the Supreme Court of Canada. Enacting these provisions would ensure that the Supreme Court would have the benefit of Parliament's declared intent of sections 5 and 6 of the Supreme Court Act when it renders its advisory opinion on these reference questions that have been put to it.

For these reasons, I am opposed to the amendment to delete clauses 471 and 472 of Bill C-4.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I find it interesting that Conservative members stand up, whether in their speeches or their questions, and the first thing they go to is the spin given to them through the Prime Minister's Office, that this is all related strictly to the budget. One of the things we need to recognize with Bill C-4 is that even though it is a budget bill, it incorporates substantial changes to many different pieces of legislation. As a direct result, what should have been stand-alone pieces of legislation are not being given the type of debate and oversight that they should be given.

My question for the member is related to the unfortunate fact that the government has brought in so much other legislation through the budget bill. Would he like to give his opinion on what he feels is right or wrong with regard to bringing in that legislation through the back door of a budget bill?

[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.

[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.

[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.

The House resumed from December 2 consideration of Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, as reported (without amendment) from the committee, and of the motions in Group No. 1.