Bill C-43 (Historical)

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

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.

The House proceeded to the consideration of Bill C-43, A Second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, as reported (with amendment) from the committee.

Speaker’s Ruling

[The Deputy Speaker, Joe Comartin]

There are 68 motions in amendment standing on the notice paper for the report stage of Bill C-43.

Motions Nos. 1 to 68 will be grouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 1 to 68 to the House.

Motions in amendment

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

moved:

Motion No. 1

That Bill C-43 be amended by deleting the long title.

Motion No. 2

That Bill C-43 be amended by deleting the short title.

Motion No. 3

That Bill C-43 be amended by deleting Clause 102.

Motion No. 4

That Bill C-43 be amended by deleting Clause 103.

Motion No. 5

That Bill C-43 be amended by deleting Clause 104.

Motion No. 6

That Bill C-43 be amended by deleting Clause 105.

Motion No. 7

That Bill C-43 be amended by deleting Clause 106.

Motion No. 8

That Bill C-43 be amended by deleting Clause 107.

Motion No. 9

That Bill C-43 be amended by deleting Clause 108.

Motion No. 10

That Bill C-43 be amended by deleting Clause 109.

Motion No. 11

That Bill C-43 be amended by deleting Clause 110.

Motion No. 12

That Bill C-43 be amended by deleting Clause 111.

Motion No. 13

That Bill C-43 be amended by deleting Clause 112.

Motion No. 14

That Bill C-43 be amended by deleting Clause 113.

Motion No. 15

That Bill C-43 be amended by deleting Clause 114.

Motion No. 16

That Bill C-43 be amended by deleting Clause 115.

Motion No. 17

That Bill C-43 be amended by deleting Clause 116.

Motion No. 18

That Bill C-43 be amended by deleting Clause 117.

Motion No. 19

That Bill C-43 be amended by deleting Clause 118.

Motion No. 20

That Bill C-43 be amended by deleting Clause 119.

Motion No. 21

That Bill C-43 be amended by deleting Clause 120.

Motion No. 22

That Bill C-43 be amended by deleting Clause 121.

Motion No. 23

That Bill C-43 be amended by deleting Clause 122.

Motion No. 24

That Bill C-43 be amended by deleting Clause 123.

Motion No. 25

That Bill C-43 be amended by deleting Clause 124.

Motion No. 26

That Bill C-43 be amended by deleting Clause 125.

Motion No. 27

That Bill C-43 be amended by deleting Clause 126.

Motion No. 28

That Bill C-43 be amended by deleting Clause 127.

Motion No. 29

That Bill C-43 be amended by deleting Clause 128.

Motion No. 30

That Bill C-43 be amended by deleting Clause 129.

Motion No. 31

That Bill C-43 be amended by deleting Clause 130.

Motion No. 32

That Bill C-43 be amended by deleting Clause 131.

Motion No. 33

That Bill C-43 be amended by deleting Clause 132.

Motion No. 34

That Bill C-43 be amended by deleting Clause 133.

Motion No. 35

That Bill C-43 be amended by deleting Clause 134.

Motion No. 36

That Bill C-43 be amended by deleting Clause 135.

Motion No. 37

That Bill C-43 be amended by deleting Clause 136.

Motion No. 38

That Bill C-43 be amended by deleting Clause 137.

Motion No. 39

That Bill C-43 be amended by deleting Clause 138.

Motion No. 40

That Bill C-43 be amended by deleting Clause 139.

Motion No. 41

That Bill C-43 be amended by deleting Clause 140.

Motion No. 42

That Bill C-43 be amended by deleting Clause 141.

Motion No. 43

That Bill C-43 be amended by deleting Clause 142.

Motion No. 44

That Bill C-43 be amended by deleting Clause 143.

Motion No. 45

That Bill C-43 be amended by deleting Clause 144.

Motion No. 46

That Bill C-43 be amended by deleting Clause 145.

Motion No. 47

That Bill C-43 be amended by deleting Clause 172.

Motion No. 48

That Bill C-43 be amended by deleting Clause 173.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

moved:

Motion No. 49

That Bill C-43 be amended by deleting Clause 187.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

moved:

Motion No. 50

That Bill C-43 be amended by deleting Clause 225.

Motion No. 51

That Bill C-43 be amended by deleting Clause 226.

Motion No. 52

That Bill C-43 be amended by deleting Clause 228.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

moved:

Motion No. 53

That Bill C-43 be amended by deleting Clause 229.

Motion No. 54

That Bill C-43 be amended by deleting Clause 230.

Motion No. 55

That Bill C-43 be amended by deleting Clause 231.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

moved:

Motion No. 56

That Bill C-43 be amended by deleting Clause 253.

Motion No. 57

That Bill C-43 be amended by deleting Clause 254.

Motion No. 58

That Bill C-43 be amended by deleting Clause 255.

Motion No. 59

That Bill C-43 be amended by deleting Clause 256.

Motion No. 60

That Bill C-43 be amended by deleting Clause 257.

Motion No. 61

That Bill C-43 be amended by deleting Clause 258.

Motion No. 62

That Bill C-43 be amended by deleting Clause 259.

Motion No. 63

That Bill C-43 be amended by deleting Clause 260.

Motion No. 64

That Bill C-43 be amended by deleting Clause 313.

Motion No. 65

That Bill C-43 be amended by deleting Clause 378.

Motion No. 66

That Bill C-43 be amended by deleting Clause 379.

Motion No. 67

That Bill C-43 be amended by deleting Clause 380.

Motion No. 68

That Bill C-43 be amended by deleting Clause 381.

Mr. Speaker, I thank my esteemed colleagues for their speeches on the amendments. Since this latest omnibus bill is over 460 pages long, we hoped to improve even a small part of this very complex and problematic bill.

Since getting their majority in the House, the Conservatives have introduced close to 2,200 pages of omnibus budgets, but they have agreed to just one single amendment proposed by the opposition. That is incredible.

This omnibus bill alone will amend a huge number of Canadian laws. The incredible thing is that this omnibus bill will fix a problem created by the last omnibus bill, which fixed a problem created by the omnibus bill before that. That is the kind of government the Conservatives are now running. It is bad for our economy and our country.

In this 460-page omnibus bill, there are many corrections to the previous massive omnibus bill, which fixed previous omnibus bills, because the Conservatives got it wrong and accepted no amendments. The Conservatives think this is a good way to manage the Canadian economy and to govern Canada.

This is a process that has failed Canadians. We see it creating conflict and uncertainty. We see it creating bad economic conditions that I will go into in a minute. It is a problem because it is using the power that a majority government has completely irresponsibly. There are a myriad of quotes from Conservatives who are now in cabinet who used to decry the Liberals when they used this exact same technique, ramming together all sorts of different laws that had nothing whatsoever to do with the budget into one package, one Trojan Horse bill. That is also true in this case.

The Conservatives called it anti-democratic and unfair. For once, they were right. However, if it was right in opposition, then it must be even more right when forming government, because the power that a majority government has to affect our country and our laws is a power that must be used responsibly, as opposed to the abuse of power that we see again with this bill, Bill C-43.

To put this into context, which is important with any budget implementation act, under the Conservatives' watch more than 400,000 manufacturing jobs have been lost in this country. Consumer debt is at an historic high for Canadians. Canadians owe more money now than they ever have in our history. We have seen a persistently high youth unemployment rate in this country, usually double that of the unemployment rate broadly.

We have also seen consistency of long-term unemployment, which refers to Canadians who have been out of work for 27 weeks or more. It is at the same level as its worst level during the recession. There were Canadians who were finding it harder and harder to get back to work during the worst times of the last global recession, and the same is true now. Twenty per cent of the jobless in Canada are made up of the long-term unemployed. I will leave talking about the unemployed until later. It is something that Conservatives are often chagrined to hear.

In this bill, their feature item is oil. In the midst of global uncertainty and with oil prices falling below $70 a barrel, dropping almost 40% this year alone, we see no plan B from the government. Plan A is oil, plan B is oil, and plan C is oil. When oil drops below $70, federal and provincial government revenues go off, but any hope for job creation also goes off because that is the only plan the Conservatives seem to know and have.

It was in previous omnibus bills that the Conservatives tried to put truth to the idea of what the Prime Minister said back in 2006, which was that Canada would become an energy superpower. They would bulldoze their way through the countryside, laying pipeline down everywhere and exporting all that oil to market. They made changes in Canadian law through these omnibus bills to attempt to achieve that goal.

What have we seen but uncertainty and conflict? When pushed against the wall and forced to accept something without debate or input or any decent consultation, Canadians resist. They say they want fairness. They want their government to play an equal role in the economy and not favour one side over another.

Canadians want to see the $1.3 billion subsidy to the oil sands, a direct subsidy to some of the richest companies on the planet, come to an end. They want to see an alternative. They want to see some options. They want to see plan B. They want to know we can have a green economy. Despite a complete lack of effort from the federal government and another failed opportunity in this budget implementation act, we see the clean tech sector growing by leaps and bounds. It is up 37% in just a few years, and $25 billion has gone into the green energy sector in the last five years. That is greater than what has gone into the oil sands in northern Alberta.

Do members ever hear the Conservatives talk about that? Do members ever hear them talk about the great success of the green energy movement in Canada, the clean technology industry's high-paying and high-quality jobs? No. They blow all their capital on one industry alone. It is always wise to have a little diversity in an ecosystem and also in an economy. With Conservatives, we have seen all the eggs put into one basket, with no plan B.

As China's economy weakens, as Europe remains fragile and some European countries enter a recession, as some American indicators are showing weakness even as America rebounds, the Governor of the Bank of Canada said we may have a 0% or near flat recovery in the jobs sector, and in the midst of all that uncertainty and in the face of all that difficulty, the Conservatives bring forward an omnibus bill. In 460 pages, their one economic initiative to help Canadians get back to work is an EI jobs scheme that does not work. It is a $550 million raid on the employment insurance fund, which even Conservatives admit does not belong to the government. More than half a billion dollars is ripped out of the EI fund in this omnibus bill.

The Parliamentary Budget Officer, who has done the only credible analysis of this scheme, says it will create an astounding 800 jobs. He said each job created by this EI raid will cost upwards of $550,000.

I have had a number of constituents write me. They want to know where they can apply for these $500-million-per-year jobs. They wonder why the government is promoting such a program.

We know that far too high a number of Canadians who fall out of work cannot even access employment insurance. That is the worst kind of insurance there is. It is something one pays into but can never draw from. The reason they cannot access it is that the Conservatives, and the Liberals before them, kept rigging and changing the rules so that fewer people, particularly women and low-income Canadians, could actually access employment insurance. It is a scam, a scheme, and that is why it is put forward in this bill rather than as a stand-alone piece of legislation that members could actually debate here in this House.

When we asked the government for its analysis of its scheme, its $550 million EI raid, we heard that the government had done no analysis at all. We asked the finance officials and the minister himself, who came before the committee. We said he was about to rip off the EI fund for $550 million to create these jobs, but had he done an analysis? He said they had not. They had outsourced it to a lobby group, the CFIB.

However, even the CFIB has said time and again that this employment scheme will not necessarily create the jobs the government hopes for. We see this as a failure of process and a failure of integrity.

Just today in the stock market, the TSX is quoted as saying:

The Toronto stock market deepened its decline on Monday as concerns about the Chinese economy, and discouraging signs from early U.S. holiday sales.... ...the mining and metals sector fell, while energy stocks tumbled.

In the face of all this, we would expect the government, with the powers of a majority government, to take the opportunity here in the House of Commons to do something about our weakened economy, to do something to help the green energy sector, to do something to help Canadians get back to work. We wonder when Conservatives are actually going to do something, drop the ideology, pay attention, and face reality in our economy.

We need to help Canadians get back to work. We need to restore those well-paying manufacturing jobs. We need to do more than what is in this bill.

We have attempted, through our amendments, to make something good out of something bad. My concern, my suspicion, my reality is that Conservatives will do what they have always done, which is ignore the evidence in front of them. They will take an ideological stance and say that they know best. However, the numbers tell the truth. They do not.

Conservatives are failing Canadians and they are failing the Canadian economy.

[Mike Allen, Conservative, Tobique—Mactaquac, NB]

Mr. Speaker, I want to thank my colleague across the way for his comments. I want to thank him for leaving out a number of things in part four.

First I will note the extractive sector, which is an important initiative of the government with respect to the reporting of mining companies abroad.

The member also forgot the latest reports on the growth of the economy by 2.8% last month. He forgot about that. I wish he would have put that in, and also the employment growth.

The member made a comment with respect to the refund of the EI premium. I think he used the words “ripping off the EI fund”. If he recalls our comments from committee, there are two major contributors to the EI fund. One is the employees and the other is the employers, who contributes about 60%. This is $550 million that is going back, especially to small businesses.

In New Brunswick, many of our small businesses have fewer than 10 employees. We are putting $550 million back in the hands of small businesses, which in my view would not only help them but would help them maintain some of the employment they have today.

The member cannot say that it is a rip-off. In fact, it is a refund of premiums back to a major contributor called the employer.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I am not sure I heard a question in the member's comments.

There is actually a significant change in the argument we have heard from the Conservatives. If members remember, initially the finance minister said that this was going to create 25,000 jobs, or person years. They changed the metrics a little bit.

The initiative to take $550 million out of the employment insurance fund, money that does not belong to the government, was to create jobs. That was the headline. That was the news. That is what the minister was saying. However, when we asked for any analysis, when we asked them to defend this argument, they had nothing. What they had were a couple of quotes from the Canadian Federation of Independent Business. Dan Kelly, who is the head of that organization, said:

On a firm-by-firm basis, I think that's quite right. You are not going to pay for a full job through an EI hiring credit.

It is not a huge amount of money. This is not a scheme that will create the jobs the government claims. In a time of economic weakness, in a time of global uncertainty, to take $550 million out of the EI fund and not create any jobs out of it seems like a failed opportunity. To not allow people who paid into the fund, because it is not just the employers, it is the employees, to actually access employment insurance, especially if they have lost their jobs, as 400,000 of them just in the manufacturing sector have, seems cruel. It seems bad for the economy.

If the Conservatives are now saying that maybe it will maintain a few jobs, that is a completely different argument than the one the finance minister used. They will have to get their arguments straight. The Conservatives certainly do not have any evidence to back up that this is what they claimed initially.

This will not do what it says, and that is a failure of any intelligence from the government.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, where I agree with the NDP finance critic is in regard to the Conservatives' employment insurance plan.

What we have put forward is a plan that would see EI premium exemptions for every worker hired to fill a new job in 2015-16. This is a program that would ultimately see tens of thousands of Canadians in all regions of the country gain employment.

My understanding is that during the last federal election, Jack Layton was actually supportive of this type of plan. Does the NDP no longer support what Jack Layton talked about in the last federal election, or would the member join us in supporting this proposal the Liberals have put forward?

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, the challenge for the Liberals is that first, they have actually changed that particular proposal three times in the two weeks since they first introduced it.

Second, the Liberals have it completely wrong. We had a small-business hiring tax credit that came out of general revenues that worked. It did not raid the EI fund. It worked so well that the government picked it up, and small businesses loved it, including the CFIB, because it was a tax credit linked to the creation of a job, not the hope and promise of a job.

We have seen massive amounts of tax cuts going to the largest and most profitable corporate sectors, which have not gone back into the economy. We have one of the lowest research and development reinvestment rates in the world. We have seen upwards of $600 billion that the Conservatives call “dead money”, money that was given back to them in tax cuts that they did not reinvest back into the economy.

If they are going to give businesses a break to create jobs, then why not tie the string and say that when the businesses create the jobs, that is when they will get the tax credit? That is what Jack Layton promoted and what we continue to promote, not these schemes that would only fail workers and hurt those who pay into the EI fund.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, since I was not able to get to the floor when my hon. colleague, the member for Skeena—Bulkley Valley, was speaking, I want to thank him for his remarks.

I am pleased to hear the official opposition turning a light on the question of the economics of this country and what is generally considered an unquestioned benefit of developing the oil sands.

There are, of course, benefits economically to developing the oil sands, but there are huge economic risks in putting all our eggs in the bitumen basket. I appreciated my friend, the member for Skeena—Bulkley Valley, asking, “What is plan B?” It does not seem to me that the current administration has a plan B.

Although it is not the subject or the pith and substance of the bill before us, I want to underline that it is important that we not just examine what is wrong with putting all our eggs in the bitumen basket from the point of view of the threat to British Columbia's wilderness of these ill-advised, risky pipeline schemes and the risk to our coastline of putting bitumen mixed with toxic fossil fuel condensates, called diluents, and calling it “dilbit” and shipping it to refineries overseas.

This whole project is a decision that Canada is better off when we take a resource from northern Albert and do not process it in Canada but put it in pipelines to ship to other places, without any consideration of the climate impact and without any consideration of the environmental threats. The failure to even examine whether the economics line up is astounding, and I am pleased to hear another member raise that issue in this place.

However, I want to address the bill itself.

As we know, it is an omnibus budget bill. It is, again, over 400 pages long. It is the kind of abuse of Parliament that really constitutes a daily contempt of democratic process in this place.

Here is a bill that covers everything from aerodrome regulation to getting rid of the Canadian Polar Commission and replacing it with the Cambridge Bay research station, which is now called the CHARS.

There are sections of the bill that deal with patent legislation. We are told by experts in patents that they are not properly thought through and will cause real problems.

There are changes in social assistance that appear to be targeting the most vulnerable in our society. I want speak more to this issue and the way this piece of legislation would affect refugees.

There are changes in the way the Chief Public Health Officer is allowed to run the department.

These are very profound changes.

Before getting into the details of the individual changes, I want to make the point again that making changes in myriad, unrelated sections, most of them non-budgetary, is an offence to parliamentary process. I have raised this point in points of order, Mr. Speaker, and take your explanation that it is up to the House itself to set some parameters around omnibus budget bills.

However, it must be said again that up until the current Privy Council and Prime Minister, we have never had omnibus budget bills topping each other each year. There is a spring budget bill and a fall budget bill, so we have had about 900 pages of legislation in 2012, 2013, and 2014 in these omnibus forms. The contempt is compounded, because none of these have been adequately studied. Most of them go through the finance committee, which finds itself trying to deal with questions about high Arctic polar research and how aerodromes should be run. One piece of the legislation should properly be before the transport committee. Another piece of the legislation should properly be before the environment committee, but no, they are all bundled up and stuffed down the throat of the finance committee.

On top of having them in omnibus form, we also have time allocation, so there is not the time to bring in the witnesses who could explain all the provisions and how the bill would affect myriad areas of public policy. That is offensive.

On top of that, we had in this place independent motions from 20 different committees, which were, amazingly, what a coincidence, identical motions last fall. They were for the purpose of limiting the rights of members of Parliament from smaller parties, such as me in my own role as leader of the Green Party or colleagues who sit as independents or the newly formed Forces et Démocratie or the Bloc Québécois. Our opportunities to debate and to present substantive amendments at report stage have been eliminated by, I have to say, the Machiavellian expedience of 20 different motions in 20 different legislative committees that created the bogus “opportunity”, which I put in quotes, for members such as me to present amendments at each of those committees.

Some of these committees meet at the same time. I will not go into the details of how coercive, difficult, and unfair this measure has been. Never in the history of Canada has a majority party gone to such lengths to shut down individual members of Parliament.

I would like to turn to the aspects of this bill that are the most egregious.

I am very concerned about the change in the management of the Chief Public Health Officer. The bill changes his role from being the person responsible for his department to being subservient to a president of the organization, and no longer a deputy minister. The Public Health Agency is a relatively new institution in the history of this Parliament, but is an important office. When we face public health threats we need to know that our Chief Public Health Officer will not risk being told, “We would rather you not talk about that now. We want to keep that under wraps for a while.” That is a dangerous road to go down and it is being accomplished in this omnibus budget bill.

I am also concerned about the changes that have been made to the provisions that deal with the ways in which the federal government transfers money to provinces and the requirements around those transfers, changes that were almost under the radar screen before people noticed them because they were not trumpeted. In the past, social assistance transfers did not have residency requirements and there were provisions to make sure that the most needy would always be able to get social assistance. The changes that are being made in clauses 172 and 173 of Bill C-43 would make it much harder for refugees to gain that desperate assistance, despite refugees being the most vulnerable people in our society who get here with just the clothes on their backs. This does not accomplish it in one fell swoop, but is the first step in allowing a province to decide that a refugee claimant would not be able to get social assistance. It opens the door to the provinces to make those kinds of changes.

There are also changes to the Canadian Intellectual Property Office. These changes do not affect questions of justice, fairness, and equity in our society but would make the whole area of patent law much less certain and much more confusing. Amendments were recommended by experts in patent law, but as with all opposition amendments, they were ignored and voted down at committee.

The piece of legislation that creates the Canadian high Arctic research station at the same time also eliminates what was previously the Canadian polar research station and the Canadian polar research commission. It is not at all clear how the two would merge. This bill repeals the polar research station. Of course, it must be noted that the current Canadian high Arctic research station facility, which is in the front window as the current administration's commitment to science and is being built in Cambridge Bay in the Minister of the Environment's riding, is designed not to do any research on climate or ozone. It is specifically focused on research for resource development in the Arctic. It certainly is to be commended for highlighting the important and essential role of indigenous and traditional knowledge going forward. However, it is hardly appropriate in this day and age to focus so much research money in the Arctic and ignore climate, ozone, and the toxins that concentrate in the body fat of the wildlife that people of the north rely on for country food.

Let me sum up. These omnibus budget bills year after year are unbelievable. There was an omnibus bill in the spring and another in the fall. Each one made significant changes to a number of other Canadian laws without allowing enough opportunities for speeches or enough time to study or debate these major changes.

It is an offence to this place that we continually have omnibus budget bills forced down our throats and done so quickly with time allocation.

Once more, as a member of Parliament, I protest against these offensive measures, which strike at the heart of the role of parliamentarians.

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

Mr. Speaker, I would like to thank the hon. member for Saanich—Gulf Islands for her excellent speech. She and I share the same concerns about the process that is being imposed by the government.

By taking rights away from MPs who sit in the House as independents, the government is forcing them to participate in a charade. It is a complete sham when they propose amendments. However, those members deserve to have their amendments considered because they, too, represent the public and the people who elected them. We tried to give them a stronger voice and more power. Unfortunately, our voices fell on the deaf ears of this government.

What is more, when the process was proposed in committee, the Liberals sided with the government and voted to force independent MPs to submit to this process, which gives them only one minute to present their ideas. There is no other avenue for debating their proposed amendments.

I would like to ask the member a very specific question, which was discussed at the Standing Committee on Finance in the context of Bill C-43. There is an element in this bill that strikes me as being completely out of place in a budget. It enables the provinces to withdraw or include a mandatory residency period for refugee claimants applying for welfare.

My colleague brought this up at the Standing Committee on Finance, and I would like to give her a bit more time to comment on it.

Would she like to say more about whether this is a legitimate measure to have included in a budget bill?

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I would like to thank the hon. member for Rimouski-Neigette—Témiscouata—Les Basques. We are on the same wavelength. He was right to call this process in the Parliament of Canada a sham.

We have not had the opportunity to really study this. We should be taking a serious look at the changes being made by these kinds of bills because they will impact many aspects of society. It is very serious.

I would like to thank my colleague.

[Mike Allen, Conservative, Tobique—Mactaquac, NB]

Mr. Speaker, I would like to ask a question with respect to the bill's amending the position of Chief Public Health Officer.

At committee, the Chief Public Health Officer himself came in and said that the amendment in this bill would codify the way that the public health office has been operating since 2012. We really appreciated his comments, because he does such a great job for Canadians as the Chief Public Health Officer. He also expressed no reservations in that meeting with respect to his ability to report to the public and to provide scientific evidence. In fact, he still very much has the responsibility to report to Parliament each year.

I wonder if the member for Saanich—Gulf Islands can comment on why she is concerned. Does she not believe the Chief Public Health Officer and his assessment of the changes in this bill?