Economic Action Plan 2014 Act, No. 2

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

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

Sponsor

Joe Oliver  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

Part 1 implements certain income tax measures proposed in the February 11, 2014 budget. Most notably, it
(a) extends the intergenerational rollover and the lifetime capital gains exemption for dispositions of property used in farming and fishing businesses;
(b) extends the tax deferral provision with respect to breeding animals to bees, and to all types of horses that are over 12 months of age, that are kept for breeding;
(c) permits income contributed to an amateur athlete trust to qualify as earned income for RRSP contribution limit purposes, with an election available to taxpayers for up to a three-year retroactive application;
(d) extends the definition “split income” to include income from a business or property that is paid or allocated to a minor child from a partnership or trust where a person related to the child is engaged in the activities of the partnership or trust to earn that income;
(e) eliminates graduated rate taxation for trusts and certain estates with an exception for cases involving testamentary trusts whose beneficiaries include individuals eligible for the Disability Tax Credit;
(f) eliminates the 60-month exemption from the non-resident trust rules;
(g) allows an individual’s estate to carry back charitable donations made as a result of the individual’s death;
(h) expands eligibility for the accelerated capital cost allowance for clean energy generation and energy conservation equipment to include water-current energy equipment and a broader range of equipment used to gasify eligible waste fuel;
(i) adjusts Canada’s foreign accrual property income rules in order to address offshore insurance swap transactions and ensure that income from the direct or indirect insurance of Canadian risks is taxed appropriately;
(j) better circumscribes the existing “investment business” definition in the foreign accrual property income regime;
(k) addresses back-to-back loan arrangements involving an intermediary; and
(l) extends the existing tax credit for interest paid on student loans to interest paid on a Canada Apprentice Loan.
Part 1 also implements other selected income tax measures. Most notably, it
(a) alleviates the tax cost to Canadian-based banks of using excess liquidity of their foreign affiliates in their Canadian operations;
(b) ensures that certain securities transactions undertaken in the course of a bank’s business of facilitating trades for arm’s length customers are not inappropriately caught by the base erosion rules;
(c) modernizes the life insurance policy exemption test;
(d) amends the foreign affiliate rules to ensure they apply appropriately to structures that include partnerships and makes generally relieving changes to certain of the base erosion rules to ensure they do not apply in unintended circumstances;
(e) amends the rules for determining the residence of international shipping corporations;
(f) provides for the appropriate taxation of taxpayers that invest in Australian trusts;
(g) amends the foreign affiliate dumping rules to ensure the rules apply in appropriate circumstances and, if applicable, provide appropriate results;
(h) excludes from the definition “non-qualifying country” in the foreign affiliate rules those countries or other jurisdictions for which the Convention on Mutual Administrative Assistance in Tax Matters is in force and effect;
(i) avoids unintended tax consequences with respect to the British Overseas Territory of the British Virgin Islands;
(j) simplifies the rules for the Canadian Film or Video Production Tax Credit regime;
(k) amends the trust loss restriction event rules to provide relief for investment trusts that meet specific conditions; and
(l) increases the maximum amount that may be claimed under the Children Fitness Tax Credit and makes the credit refundable starting in 2015.
Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures by
(a) ensuring that pooled registered pension plans are subject to similar GST/HST treatment as registered pension plans;
(b) implementing real property technical amendments that provide for the consistent treatment of different types of housing and ensure that the special valuation rule for subsidized housing works properly with the GST/HST place of supply rules and in the context of a GST/HST rate change;
(c) clarifying the application of GST/HST public service body rebates in relation to non-profit organizations that operate certain health care facilities; and
(d) relieving the GST/HST on services of refining precious metals supplied to a non-resident person that is not registered for GST/HST purposes.
Part 3 amends the Excise Act, 2001 to provide a refund of the inventory tax, introduced in the February 11, 2014 budget, on cigarettes that are destroyed or re-worked, in line with the refund of the excise duty that exists for tobacco products that are destroyed or re-worked.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Industrial Design Act to make that Act consistent with the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs and to give the Governor in Council the authority to make regulations for carrying it into effect. The amendments include provisions relating to the contents of an application for the registration of a design, requests for priority, and the term of an exclusive right for a design.
It also amends the Patent Act to, among other things, make that Act consistent with the provisions of the Patent Law Treaty. The amendments include reducing the requirements for obtaining a filing date in relation to an application for a patent, requiring that an applicant be notified of a missed due date before an application is deemed to be abandoned, and providing that a patent may not be invalidated for non-compliance with certain requirements relating to the application on the basis of which the patent was granted.
Division 2 of Part 4 amends the Aeronautics Act to authorize the Minister of Transport to make an order, and the Governor in Council to make regulations, that prohibit the development or expansion of or any change to the operation of an aerodrome. It also amends the Act to authorize the Governor in Council to make regulations in respect of consultations by the proponents and operators of aerodromes.
Division 3 of Part 4 enacts the Canadian High Arctic Research Station Act, which establishes a new federal research organization that is to be responsible for advancing knowledge of the Canadian Arctic through scientific investigation and technology, promoting the development and dissemination of knowledge of the other circumpolar regions, strengthening Canada’s leadership on Arctic issues and ensuring a research presence in the Canadian Arctic. It also repeals the Canadian Polar Commission Act and makes consequential amendments to other Acts.
Division 4 of Part 4 amends section 207 of the Criminal Code to permit charitable or religious organizations to carry out, with the use of a computer, certain operations relating to a provincially-licensed lottery scheme.
Division 5 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act to adjust the national standard for eligibility for social assistance to provide that no minimum period of residence is to be required for Canadian citizens, for permanent residents, for victims of human trafficking who hold a temporary resident permit or for protected persons.
Division 6 of Part 4 amends the Radiocommunication Act to:
(a) introduce an administrative monetary penalty regime;
(b) explicitly prohibit jammers, subject to exemptions provided by the Minister of Industry;
(c) provide for the enforcement of rules, standards and procedures established for competitive bidding systems for radio authorizations;
(d) modernize wording relating to the powers of inspectors and the requirements to obtain warrants;
(e) authorize inspectors to request information in writing and to seize non-compliant devices; and
(f) authorize the Minister of Industry to share information with domestic and foreign bodies for the purpose of regulating radiocommunication.
Division 7 of Part 4 amends the Revolving Funds Act to correct an error in the heading before section 4 by replacing the reference to the Minister of Foreign Affairs with a reference to the Minister of Citizenship and Immigration. The amendment is deemed to have come into force on July 2, 2013.
Division 8 of Part 4 amends the Royal Canadian Mint Act to eliminate the anticipation of profit by the Royal Canadian Mint with respect to the provision of goods and services to the Government of Canada.
Division 9 of Part 4 amends the Investment Canada Act to require foreign investors to provide notification whenever they acquire a Canadian business through the realization of security on a loan or other financial assistance, unless another Act applies. It also allows public disclosure of certain information related to the national security review process and makes related amendments to another Act.
Division 10 of Part 4 amends the Broadcasting Act to prohibit a person who carries on a broadcasting undertaking from charging a subscriber for providing the subscriber with a paper bill.
Division 11 of Part 4 amends the Telecommunications Act to provide the Canadian Radio-television and Telecommunications Commission (CRTC) with the authority to impose certain conditions concerning the offering and provision of services on providers of telecommunications services that are not telecommunications carriers, to prohibit providers of telecommunications services from charging subscribers for the provision of paper bills, to allow for sharing of information between the CRTC and the Competition Bureau, to provide the CRTC with the authority to impose administrative monetary penalties for violations of the Telecommunications Act, CRTC decisions and regulations, to provide the Minister of Industry with the authority to establish a registration system and update other processes relating to telecommunications apparatus in order to assess conformity with technical requirements, and to update inspection powers for ensuring compliance with that Act.
Division 12 of Part 4 amends the Business Development Bank of Canada Act to clarify the financial and management services that the Business Development Bank of Canada is authorized to provide, including financial services in respect of enterprises operating outside Canada. It also makes some changes to the governance provisions of that Act.
Division 13 of Part 4 amends the Northwest Territories Act — enacted by section 2 of chapter 2 of the Statutes of Canada, 2014 — to provide that, if the election period for the first general election under that Act would overlap with the election period for a federal general election, then the maximum duration of the first Legislative Assembly of the Northwest Territories under that Act may be extended until five years from the date fixed for the return of the writs at the last general election under the former Northwest Territories Act (chapter N-27 of the Revised Statutes of Canada).
Division 14 of Part 4 amends the Employment Insurance Act to allow for the refund of a portion of employer premiums paid by small businesses in 2015 and 2016. An employer is eligible for that refund if its premium is $15,000 or less for the year in question.
It also amends that Act to exclude from reconsideration under section 112 of that Act decisions of the Canada Employment Insurance Commission made under the Employment Insurance Regulations respecting the writing off of penalties owing, amounts payable or interest accrued on any penalties owing or amounts payable.
Division 15 of Part 4 amends the Canada-Chile Free Trade Agreement Implementation Act in order to implement amendments to the dispute resolution mechanism of the Canada-Chile Free Trade Agreement.
Division 16 of Part 4 amends the Canada Marine Act to provide for the power to make regulations with respect to undertakings that are situated in a port. It also authorizes those regulations to incorporate by reference documents, including the laws of a province. Finally, it authorizes port authorities to acquire federal real property or federal immovables and to lease or license any real property or immovable other than federal real property or federal immovables.
Division 17 of Part 4 amends the DNA Identification Act to, among other things,
(a) create new indices in the national DNA data bank that will contain DNA profiles from missing persons, from their relatives and from human remains to assist law enforcement agencies, as well as coroners, medical examiners and persons or organizations with similar duties or functions, to find missing persons and identify human remains;
(b) create a new index that will contain DNA profiles from victims of designated offences to assist law enforcement agencies in identifying persons alleged to have committed designated offences;
(c) create a new index that will contain DNA profiles derived from bodily substances that are voluntarily submitted by individuals to assist in either the investigations of missing persons or designated offences;
(d) establish criteria for adding and retaining DNA profiles in, and removing them from, the new indices, and transferring profiles between indices;
(e) specify which DNA profiles in the existing and new indices will be compared with each other;
(f) specify the purposes for which the Commissioner of the RCMP may communicate the results of comparisons of DNA profiles and the purposes for which that information may be subsequently communicated; and
(g) specify the uses to which the results of comparisons of DNA profiles may be put.
It also makes consequential amendments to the Access to Information Act and the Public Servants Disclosure Protection Act.
Division 18 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to provide that certain foreign entities that are engaged in the money-services business are included in the definition “foreign entity”.
Division 19 of Part 4 amends the Department of Employment and Social Development Act to eliminate the limit on the number of full-time and part-time members of the Social Security Tribunal.
Division 20 of Part 4 amends the Public Health Agency of Canada Act to create a new position of President as deputy head of the Public Health Agency of Canada, thereby separating the responsibilities of the Chief Public Health Officer from those of the deputy head of the Agency.
Division 21 of Part 4 amends the Economic Action Plan 2013 Act, No. 2 in order to provide that certain provisions of Division 8 of Part 3 of that Act apply to any corporation resulting from an amalgamation referred to in that Division, and to provide that certain provisions of the Blue Water Bridge Authority Act continue to apply to the Blue Water Bridge Authority after its continuance.
Division 22 of Part 4 amends several Acts to discontinue supervision of provincial central cooperative credit societies by the Office of the Superintendent of Financial Institutions, to eliminate tools for federal intervention in relation to those centrals and to provincial local cooperative credit societies, and to facilitate the entry of provincial cooperative credit societies into the federal credit union system by simplifying the process for continuation and amalgamation that applies to them.
Division 23 of Part 4 amends the Financial Administration Act to authorize Her Majesty in right of Canada to neither pay nor collect low-value amounts, except amounts owed by Crown corporations to persons other than Her Majesty in right of Canada, amounts payable to Crown corporations by such persons, amounts payable under the Air Travellers Security Charge Act, the Excise Act, 2001, the Excise Tax Act, the Income Tax Act or the Softwood Lumber Products Export Charge Act, 2006, and amounts related to the public debt or to interest on the public debt. It also provides Treasury Board with the authority to make regulations to set a low-value threshold, to specify circumstances for the accumulation of amounts and to exclude amounts, as well as regulations generally respecting the operation of the authority to neither pay nor collect low-value amounts.
Division 24 of Part 4 amends the Immigration and Refugee Protection Act to, among other things,
(a) replace references to an opinion provided by the Department of Employment and Social Development, with respect to an application for a work permit, with references to an “assessment”;
(b) authorize the Minister of Citizenship and Immigration or the Minister of Employment and Social Development to publish on a list the name and address of an employer who, among other things, has been convicted of certain offences; and
(c) authorize the Governor in Council to make regulations
(i) regarding the publication and removal of the names and addresses of employers,
(ii) regarding the power to require documents from any individual or entity for inspection in order to verify compliance with regulatory conditions,
(iii) requiring an employer to provide prescribed information in relation to a foreign national’s authorization to work in Canada for the employer,
(iv) governing fees to be paid for rights and privileges in relation to an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit,
(v) governing fees to be paid in respect of the compliance regime that applies to employers in relation to their employment of certain foreign nationals,
(vi) regarding the collection, retention, use, disclosure and disposal of Social Insurance Numbers, and
(vii) regarding the disclosure of information for the purposes of cooperation between the Government of Canada and the government of a province.
Division 25 of Part 4 amends the Judges Act and the Federal Courts Act to implement the Government’s Response to the Report of the Special Advisor on Federal Court Prothonotaries’ Compensation with respect to the salary and benefits of the prothonotaries of the Federal Court.
Division 26 of Part 4 amends the Canadian Payments Act to make changes to the governance structure of the Canadian Payments Association and to add new obligations in respect of accountability, including by
(a) changing the composition of the Board of the Directors of the Association and the procedures for selecting the directors of the Board;
(b) establishing a Member Advisory Council;
(c) expanding the power of the Minister of Finance to issue directives to the Association; and
(d) adding new obligations in respect of the preparation of annual reports and corporate plans.
Division 27 of Part 4 amends the Payment Clearing and Settlement Act to expand and enhance the oversight powers of the Bank of Canada with respect to systems for the clearing and settlement of payment obligations and other financial transactions, so that the Bank is better able to identify risks related to financial market infrastructure and to respond in a timely and proactive manner. It also makes minor consequential amendments to other Acts.
Division 28 of Part 4 enacts the Extractive Sector Transparency Measures Act in order to impose the following obligations on entities that are engaged in the commercial development of oil, gas or minerals for the purpose of implementing Canada’s international commitments in the fight against corruption:
(a) the obligation to report to the responsible Minister certain payments made to payees; and
(b) the obligation to make reported information accessible to the public.
For the purpose of verifying compliance, the Act provides for an inspection regime and gives a power to the responsible Minister to require an entity to provide certain information. Finally, the Act provides for certain offences relating to the obligations under the Act.
Division 29 of Part 4 amends the Jobs and Economic Growth Act to provide that Canadian Nuclear Laboratories Ltd. (CNL) is an agent of Her Majesty in right of Canada, effective as of the date of CNL’s incorporation, and to provide that CNL will cease to be an agent on the day on which Atomic Energy of Canada Limited disposes of CNL’s shares. The Division also amends that Act to provide that the Public Service Superannuation Act will apply for a transitional period of three years to persons who are employees of CNL on that day.
Division 30 of Part 4 repeals a provision of the Economic Action Plan 2013 Act, No. 2 that amended a provision of the Public Service Labour Relations Act. It also amends provisions of the Economic Action Plan 2013 Act, No. 2 that amended the Public Service Employment Act in respect of the staffing complaint process.
It also makes a technical correction to a coordinating amendment in the Economic Action Plan 2013 Act, No. 2.
Division 31 of Part 4 transfers the pensionable service that is to the credit of certain Royal Canadian Mounted Police pension contributors under the Royal Canadian Mounted Police Superannuation Act to the Public Service Superannuation Act and deems those contributors to be Group 1 contributors under the Public Service Superannuation Act. It also amends the Royal Canadian Mounted Police Superannuation Act to repeal provisions relating to members of the Royal Canadian Mounted Police not holding a rank.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-43s:

C-43 (2023) Law Appropriation Act No. 5, 2022-23
C-43 (2017) An Act respecting a payment to be made out of the Consolidated Revenue Fund to support a pan-Canadian artificial intelligence strategy
C-43 (2012) Law Faster Removal of Foreign Criminals Act
C-43 (2010) Royal Canadian Mounted Police Modernization Act
C-43 (2009) Strengthening Canada's Corrections System Act
C-43 (2008) An Act to amend the Customs Act

Votes

Dec. 10, 2014 Passed That the Bill be now read a third time and do pass.
Dec. 10, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to C-43, A Second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, because it: ( a) amends dozens of unrelated Acts without adequate parliamentary debate and oversight; ( b) fails to take meaningful action to create jobs and address weak economic growth; ( c) seeks to restrict refugee claimants’ access to social assistance, despite no demonstrated fiscal need or request from provinces for such measures; ( d) introduces patent law changes which could lead to costly litigation against the government; ( e) implements a job credit whose job impacts have not been analyzed by the government itself, and which will deplete a significant sum from the Employment Insurance fund; and ( f) breaks the government’s promises to protect small businesses from merchant fees and to ban banks from charging pay-to-pay fees.”.
Dec. 8, 2014 Passed That Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 8, 2014 Failed That Bill C-43 be amended by deleting Clause 225.
Dec. 8, 2014 Failed That Bill C-43 be amended by deleting Clause 172.
Dec. 4, 2014 Passed That, in relation to Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Nov. 3, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Nov. 3, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, because it: ( a) amends dozens of unrelated Acts without adequate parliamentary debate and oversight; ( b) fails to address persistent unemployment and sluggish economic growth; ( c) aims to strip refugee claimants of access to social assistance to meet their basic needs; ( d) imposes a poorly designed job credit that will create few, if any, jobs while depleting Employment Insurance Funds; and ( e) breaks the government’s promises to protect small businesses from merchant fees and to ban banks from charging pay-to-pay fees.”.
Oct. 30, 2014 Passed That, in relation to Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, not more than three further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:05 a.m.

The Deputy Speaker Joe Comartin

Order, please. The hon. member for Rimouski-Neigette—Témiscouata—Les Basques is rising on a point of order.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:05 a.m.

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I am really sorry for coming back to the issue, but that is exactly the point my colleague from Skeena—Bulkley Valley was trying to make.

That measure is not in Bill C-43. Various tax measures have been announced by the Minister of Finance, but they have no place in this debate because they are not included in Bill C-43.

I would ask the member to stick to the contents of the bill currently before the House.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:05 a.m.

Conservative

Bernard Trottier Conservative Etobicoke—Lakeshore, ON

Mr. Speaker, when I gave a speech a few weeks ago about Bill C-43, the member for Dartmouth—Cole Harbour went on a rant for several minutes about the Arctic offshore patrol ships, none of which is even mentioned in Bill C-43. I commented that it was a very broad bill, an omnibus bill, as opposition members call it, yet they found things to talk about that were not even in the bill.

Of course, the Speaker at the time said that there was considerable latitude and the member would get to his point eventually. I wish the opposition would extend that same courtesy and understand that there are things connected to the budget.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:05 a.m.

The Deputy Speaker Joe Comartin

Income splitting is not in Bill C-43, and we all recognize that. On the other hand, I will give the member for Red Deer the opportunity to continue. I think he is making a point that, indirectly at least, is relevant to Bill C-43 and to tax policy more generally. I will allow him to continue.

The hon. member for Red Deer.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:05 a.m.

Conservative

Earl Dreeshen Conservative Red Deer, AB

Mr. Speaker, I know that making the children's fitness tax credit refundable and these types of things that we have done certainly will help families. The critical part is to ensure we do all we can to help families so they can be part of the community and enhance it. Encouragement is required for such a thing.

Again, we have made changes, which include an increase in the adoption expense tax credit to help with the high cost associated with adopting children. There is also the medical expense tax credit to help with the cost associated with things such as service animals, specialized therapy and plans to help individuals cope with the effects of a disorder or disability. These are the types of things our government is doing. However, we hear the opposition bring in these obscure arguments and suggest that we are trying, in some way, to stifle debate.

This is good news. We are talking about a lot of great things. To have these opportunities for children and for families, and to show the great care we have for them, is something of which we should all be proud.

To speak to budget implementation acts, we have continuously cut taxes. Since 2006, we have cut taxes over 179 times in every way that government collects them, whether it is through personal tax, consumption tax, business tax, excise tax and much more. We know what the reduction of the GST, from 7% to 6% to 5%, has done. That in itself has put another $1,000 back into the average Canadian family. We cut personal income tax to 15% and have steadily lowered the general business tax rate from 21% to 15%, as well as the small business tax rate from 12% to 11%. This allows the economy to stay strong.

All we have to do is look at Canada from the perspective of other places in the world. They look at us and wonder how we could get it so right when the rest of them have been struggling. The reason is the whole concept of having a reduction in taxes. The reason for that is because it puts the money into the hands of individuals, and they know how to spend their money much better than governments do.

Also, we have the tax-free savings account, which has become the most important personal savings tool since RRSPs, and we know how significant they are.

We can continue to speak about the ways in which, over the years, and in this budget implementation act as well, we have been able to reduce taxes and put more money into the hands of individuals.

As can be seen, this government has clearly taken steps to make life more affordable for Canadian families, again, by creating family tax cuts along with the previous tax cuts and credits. Canadian families will be able to spend their hard-earned money on the things they believe are in the best interest of their families.

I would ask all members in the House join me in supporting Canadian families by ensuring the passage of this bill.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:10 a.m.

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I listened carefully to my colleague's speech. More than half of what he said had to do with extremely technical measures that are not included in this bill.

I would therefore like to hear his comments on some of the things that are in Bill C-43. Although it is a budget bill, many elements are not budget-related. For example, I would like to hear his comments on one provision that was not requested by the provinces. None of the provinces asked for it or even said they agree with this measure, which basically allows the provinces to establish a mandatory residency period for refugee claimants. I am not talking about refugees whose application has been refused, but rather people who are applying for refugee status. This measure would take away their welfare benefits before they even have a chance to work or find any other means of supporting themselves.

I would like to know why this measure was included in the bill and what the member thinks about it, especially considering that this would have no fiscal, budgetary or economic impact for the government.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:10 a.m.

Conservative

Earl Dreeshen Conservative Red Deer, AB

Mr. Speaker, respecting the provinces and their jurisdiction is something this government has continually done. I am extremely proud of the fact that we do these types of things and we ensure that it is in consultation with the different stakeholders, which is an important aspect of it.

There are opportunities that we sometimes have with the budget implementation act technical briefings. I want to bring that up from the point of view that it is very seldom opposition members take the information they gain when they attend these technical briefings and present it to the House, because it does not really fit into their rhetoric which they would sooner have in question period or in the media.

It is important we recognize the experts in this regard and consider what they have to say in this area.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:10 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member indicated, and I suspect it comes right from the Prime Minister's office, that the Conservatives have got it right in terms of taxation policy.

Then he went on to talk about the income-splitting policy that the government recently announced. This is a policy that would assist less than 15% of the Canadian population, at a substantial cost of $2 billion. It is going to be the middle class of Canada that is going to have to foot the bill for that income-splitting policy, something the former minister of finance in the Conservative Party was very critical of.

Can the member tell the House why the government is penalizing the middle class of Canadian society, forcing them to pay for that $2 billion income-splitting promise by the Prime Minister?

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:10 a.m.

Conservative

Earl Dreeshen Conservative Red Deer, AB

Mr. Speaker, I appreciate the hon. member's points; however, it just shows how the Liberal Party does not understand how good government should work.

The hon. Jim Flaherty challenged his colleagues, and each of us took it upon ourselves to make sure that we had budget consultations and that we actually talked to people. The Liberals had opportunities to be involved in these discussions over the years.

These are the kinds of things we would do. I look at the discussions that happened. The Prime Minister and the former minister of finance wanted our input. Our input has given something that is so strong for middle-class Canadians. When they look at that and recognize the situation that exists there, I think they will find that they are extremely proud of the work we have done. Stronger families means stronger communities. With stronger communities, everyone is going to benefit.

The members' comments are similar to the flawed notion that maybe those who do not have kids should not pay education taxes. These are the kinds of strange things that come from the opposition at times.

Let us think about what I am saying. I remember the situation that occurred when the Liberals cut transfer payments, many years ago. I was the chairman of a hospital board. I recognized the damage that had taken place.

The Liberals are trying to make suggestions as we are putting more money into transfers and everything else. They should recognize that their record is not very strong.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:15 a.m.

Liberal

Adam Vaughan Liberal Trinity—Spadina, ON

Mr. Speaker, I was told that technical briefings are something on which we should present information to the House. I am pleased to do that because I was at those briefings, and quite frankly, some things I heard shocked me.

Most important, with respect to the changes in this bill around the ports, not a single port authority across the country was consulted. Not a single municipality across the country was consulted about the changes that are contemplated in this bill. In fact, there was no public consultation. It was simply a change that was foisted upon the House as part of an omnibus bill. It is a practice that has been described as too frequent, too complicated, and unnecessary in the promotion of democracy by Professor Peter Russell of the University of Toronto, who is an expert in parliamentary procedure.

The reality here is quite something. Ports are now being given the power to expand their letters patent arbitrarily and unilaterally by simply acquiring property. When they do that, those lands are then exempt from local zoning conditions. No municipality was consulted and no cost-benefit analysis was done around what this does to local tax bases or the costs of operating the ports.

Further to all of that, we now see in the city of Toronto that the port authority is seeking to regulate zoning permissions right across the city. It can unilaterally down-zone property, acquire it and then rezone it. That is a scam. There was no consultation and not a single conversation.

It does not get much better when one starts to look at changes to aerodromes, which are under division 2 of part 4 of this bill. Instead of having a public process where there are public boards and public conversations about the behaviour of aerodromes and airports in this country, now all the decision making would be concentrated inside the minister's office, not even in the House of Commons.

Again, were municipalities or airport authorities consulted? What we heard in the technical briefings is that they were not. It was simply something dreamed up on the other side of the House. This is the public process that omnibus bills give us: a concentration of power in the hands of a few, often unelected, and a complete departure from debate in the House, let alone public scrutiny and consultations. The government members may talk a good game about public consultation, but the only people they really talk to are each other.

On aerodromes, significant concerns are being raised by pilots right across the country. This is from the Canadian Owners and Pilots Association, who oppose this bill but were never consulted about it, the very people who use the airports:

We are concerned about the manner in which the Act amendment was developed, without consultation, how far the power of the Minister would extend and the one-sided nature of imposing consultation requirements and prohibitions on aerodromes when no such Aeronautics Act consultation requirements or prohibitions exist....

The government is making up legislation, but what is worse is that this bill was introduced as simply housekeeping, a few enabling pieces of legislation to get a budget bill through. This was never in any other legislation. It was never proposed, presented, nor debated in any part of this country. It simply showed up in a committee one afternoon and got into a press release, and then we are supposed to swallow it whole as part of an omnibus bill. That is unacceptable behaviour, and it is wrong.

There is another serious issue that changes to aerodromes deal with, which is the impact on local communities. Many defunct aerodromes are now being used as landfill sites, effectively. When construction happens in one part of the country, the land gets hauled to another part of Canada and dumped, without rules or regulations, because that is allowed. There is no public consultation, rule, or regulation about that.

As a result, the power now resides with the minister, not the House of Commons. Decisions are being made in this House today as we debate this that will have far-reaching impacts in every corner of this country. We cannot and will not support that. Those are the kinds of arbitrary rules that bring all the actions of this House into question.

Turning to public health, not only does the government want no consultation with the public on other items, but on public health it is trying to bury scientific evidence, which is a really disturbing pattern of behaviour. A government appointee, who needs to have no scientific or medical expertise but who is simply a political functionary, is being dropped in on a public health department. The medical advice we need to deal with things like SARS—and God help us if ebola ever arrived here—and the power of the chief medical officer of health to act unilaterally within a federal department when an emergency prescribes is being lost to someone without any medical expertise.

If we take a look at the history of what chief medical officers of health have done in this country, we will find that public works departments—not just of cities and provinces, but also of the country—are a direct result of medical advice and scientific evidence being presented to decision makers. From that, public policy flows.

What are we doing? We are burying that expertise in a bill that purports to be a budget bill but is quite clearly another attack on science and evidence by the Conservative government. It is unacceptable.

The other issue we are dealing with is the employment insurance changes that are forecast in this bill. They are changes that have been denounced by virtually every significant economist in the country. When we went to the technical briefing and asked staff from that department where this idea came from, they had no idea. In the evidence that they produced as part of this debate, when they were asked directly what studies they had done to verify the claims being made by the government, they said not a single study was requested or done. In other words, the numbers come from a source outside of the government.

Where did these numbers come from? When we went to committee, what we found out is that the numbers came from the very lobbyists that asked for the cut. They are not verified. There was no due diligence. We are spending $550 million on a whim, on a promise from vested interests, on some conversation that happened in the back rooms of some ministerial office.

When the party across the way asks for us to go to committee and listen, which we do, and asks us to attend technical briefings and focus in on the evidence that is presented, the evidence is that there is no evidence, yet the policy emerges out of the back rooms as if it is somehow well thought through.

When the Parliamentary Budget Office does report on these topics, what do we get? We get a complete contradiction of the numbers that are presented by the ministers. It is not 500 or 1,000 jobs; it is 800 jobs. It is 800 jobs at a cost of $550 million. On the same legislation, which would freeze premiums, the Parliamentary Budget Office's evidence, which was presented in committee, is very clear. This act would cost the economy 10,000 jobs. That means there would be a net loss. We would be cutting taxes, but we would be cutting employment at the same time and leaving Canadians in a very bad spot.

The information that has perhaps not reached the Conservative benches is very simple. When 10,000 people lose jobs, tax cuts do not help. When 10,000 people lose their jobs, families are negatively affected. The Conservatives can hand out all of the tax cuts they want for kids in sports programs, but if parents are not working, kids are not playing. It is that simple.

That is the evidence that is presented as part of this discourse, yet that evidence never seems to reach the backbenches on the other side, and it certainly does not reach the talking points of the ministers involved.

The final and most horrific part of this bill is the private member's bill, which is not a budget bill. It is political discourse. It is rhetoric that has slipped its way into this omnibus bill. The Conservatives were not confident enough to present it as government policy. They put it in place and then they slipped it into an omnibus bill, hoping that no one would notice, but of course, we all noticed. The reason we noticed is that this notion of denying social assistance to refugees is morally bankrupt. It is wrong.

When we went to the technical briefing and asked the staff of the department if they had consulted with anybody, the answer was no. Did anybody comment? It comes back that one province spoke up. That one province, the province I reside in and Parliament resides in, the Government of Ontario, said not to do this. What was the government's response? It did it.

For all of those reasons, this bill cannot be supported. It must not be supported. If the Conservatives were serious about what they heard in committee, they would withdraw it.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:25 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the comments made by my colleague. I wonder if he might want to provide some additional comment with regard to the manner in which this legislation has taken into account numerous other pieces of legislation.

Instead of introducing stand-alone legislation, which no doubt would have had more debate in the House, the government has used the budget bill to pass an abnormally high number of other things that could have been brought in separately, under separate pieces of legislation.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:25 a.m.

Liberal

Adam Vaughan Liberal Trinity—Spadina, ON

Mr. Speaker, the examples in recent days have been numerous. However, when the government acts unilaterally on a single piece of legislation, it gets ripped apart. The veterans bill is not even a week old but has already been withdrawn, rewritten, and turned on its head, and the minister is running all over the world trying to avoid any questions about it. Because of the political failings of the government opposite, I can understand why it would want to have an omnibus bill. It is easier to hide bad legislation.

The reality here is that as we start to pick apart even the high water marks of this folly of a piece of legislation we can see that there is no reasoning, no rationale, no factual support, no research, and no documentation supporting any of the claims being made publicly by the ministers or the government backbenchers. What we end up with is opposition member after opposition member standing up and picking apart clause by clause, division by division, explaining why division 14, division 20, and division 19 do not work. Therefore, the Canadian public is left wondering why the government would present such a horrible omnibus bill. The reason is that it is all so bad that people cannot pick out which part is the worst.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:25 a.m.

Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, I would like to read a quote into the record from Dr. Greg Taylor, the Chief Public Health Officer. He said this at our finance committee meeting with respect to the changes to public health:

The changes proposed do not diminish the role of the chief public health officer, they enhance it. In essence, they associate internal management and capacity issues with a dedicated agency head and direction on public health issues with the CPHO. It makes good management sense and good public health sense to make these changes.

It's a structure that works well for many provinces and territories, and for countries, including the United Kingdom and Australia. In fact, we've been moving this way as an agency for some time now and have, in fact, adopted this type of management structure since 2012.

The member is saying that the government is not listening. Does he not listen to Dr. Taylor, the Chief Public Health Officer?

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:25 a.m.

Liberal

Adam Vaughan Liberal Trinity—Spadina, ON

Mr. Speaker, if we look at all of the organizations that have been cited there, in particular Australia, we will see that the person brought in as chief medical officer of health is also a doctor and a scientist and manages multiple departments within that agency. That does not interrupt the ability for scientific and evidence-based decisions to come forward.

The trouble we have here is that the government shows a clear pattern of not appointing someone with expertise or capacity, but simply people with political skills to do the work that scientists and people with evidence should be doing. The problem we have with the way in which the government is processing this is that we know that it does not like science, expert opinion, and evidence. What it wants is simply to bureaucratize the information it is receiving and politicize it so that it does not have to listen to it.

In this case, there may be a way of rationalizing it as a replication of other jurisdictions, but what we have is the deliberate practice of a government that refuses to engage with science, refuses to look at data, and dismisses evidence. It is saying, “Don't give us the facts, give us the anecdotal evidence.” That is how it proceeds case by case. We can see it with the harm reduction strategies around InSite and the common sense firearms licensing act. Every time you run into evidence, you change the bureaucracy and politicize it. That is why the opposition has absolutely no confidence in your ability to restructure this department.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 11:30 a.m.

The Deputy Speaker Joe Comartin

I am shocked.