Economic Action Plan 2015 Act, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures

This bill was last introduced in 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 often publishes better independent summaries.

Part 1 implements income tax measures and related measures proposed or referenced in the April 21, 2015 budget. In particular, it
(a) reduces the required minimum amount that must be withdrawn annually from a registered retirement income fund, a variable benefit money purchase registered pension plan or a pooled registered pension plan;
(b) ensures that amounts received on account of the new critical injury benefit and the new family caregiver relief benefit under the Canadian Forces Members and Veterans Re-establishment and Compensation Act are exempt from income tax;
(c) decreases the small business tax rate and makes consequential adjustments to the dividend gross-up factor and dividend tax credit;
(d) increases the lifetime capital gains exemption to $1 million for qualified farm and fishing properties;
(e) introduces the home accessibility tax credit;
(f) extends, for one year, the mineral exploration tax credit for flow-through share investors;
(g) extends, for five years, the tax deferral regime that applies to patronage dividends paid to members by an eligible agricultural cooperative in the form of eligible shares;
(h) extends until the end of 2018 the temporary measure that allows certain family members to open a registered disability savings plan for an adult individual who might not be able to enter into a contract;
(i) permits certain foreign charitable foundations to be registered as qualified donees;
(j) increases the annual contribution limit for tax-free savings accounts to $10,000;
(k) creates a new quarterly remitter category for certain small new employers; and
(l) provides an accelerated capital cost allowance for investment in machinery and equipment used in manufacturing and processing.
Part 2 implements various measures for families.
Division 1 of Part 2 implements the income tax measures announced on October 30, 2014. It amends the Income Tax Act to increase the maximum annual amounts deductible for child care expenses, to repeal the child tax credit and to introduce the family tax cut credit that is modified to include transferred education-related amounts in the calculation of that credit as announced in the April 21, 2015 budget.
Division 2 of Part 2 amends the Universal Child Care Benefit Act to, effective January 1, 2015, enhance the universal child care benefit by providing $160 per month for children under six years of age and by providing a new benefit of $60 per month for children six years of age or older but under 18 years of age.
It also amends the Children’s Special Allowances Act to, effective January 1, 2015, increase the special allowance supplement for children under six years of age from $100 to $160 per month and introduce a special allowance supplement in the amount of $60 per month for children six years of age or older but under 18 years of age.
Part 3 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 3 enacts the Federal Balanced Budget Act. That Act provides for certain measures that are to apply in the case of a projected or recorded deficit. It also provides for the appearance of the Minister of Finance before a House of Commons committee to explain the reasons for the deficit and present a plan for a return to balanced budgets.
Division 2 of Part 3 enacts the Prevention of Terrorist Travel Act in order to establish a mechanism to protect information in respect of judicial proceedings in relation to decisions made by the designated minister under the Canadian Passport Order to prevent the commission of a terrorism offence or for the purposes of the national security of Canada or a foreign country or state. It also makes a related amendment to the Canada Evidence Act.
Division 3 of Part 3 amends the Industrial Design Act, the Patent Act and the Trade-marks Act to, among other things, provide for extensions of time limits in unforeseen circumstances and provide the authority to make regulations respecting the correction of obvious errors. It also amends the Patent Act and the Trade-marks Act to protect communications between patent or trade-mark agents and their clients in the same way as communications that are subject to solicitor-client privilege.
Division 4 of Part 3 amends the Canada Labour Code to increase the maximum amount of compassionate care leave to 28 weeks and to extend to 52 weeks the period within which that leave may be taken. It also amends the Employment Insurance Act to, among other things, increase to 26 the maximum number of weeks of compassionate care benefits and to extend to 52 weeks the period within which those benefits may be paid.
Division 5 of Part 3 amends the Copyright Act to extend the term of copyright protection for a published sound recording and a performer’s performance fixed in a published sound recording from 50 years to 70 years after publication. However, the term is capped at 100 years after the first fixation of, respectively, the sound recording or the performer’s performance in a sound recording.
Division 6 of Part 3 amends the Export Development Act to add a development finance function to the current mandate of Export Development Canada (EDC), which will enable EDC to provide development financing and other forms of development support in a manner consistent with Canada’s international development priorities. The amendments also provide that the Minister for International Trade is to consult the Minister for International Development on matters related to EDC’s development finance function.
Division 7 of Part 3 amends the Canada Labour Code in order to, among other things, provide that Parts II and III of that Act apply to persons who are not employees but who perform for employers activities whose primary purpose is to enable those persons to acquire knowledge or experience, set out circumstances in which Part III of that Act does not apply to those persons and provide for regulations to be made to apply and adapt any provision of that Part to them.
Division 8 of Part 3 amends the Members of Parliament Retiring Allowances Act to, among other things, provide that the Chief Actuary is not permitted to distinguish between members of either House of Parliament when fixing contribution rates under that Act.
Division 9 of Part 3 amends the National Energy Board Act to extend the maximum duration of licences for the exportation of natural gas that are issued under that Act.
Division 10 of Part 3 amends the Parliament of Canada Act to establish an office to be called the Parliamentary Protective Service, which is to be responsible for all matters with respect to physical security throughout the parliamentary precinct and Parliament Hill and is to be under the responsibility of the Speaker of the Senate and the Speaker of the House of Commons. The Division provides that the Speakers of the two Houses of Parliament and the Minister of Public Safety and Emergency Preparedness must enter into an arrangement to have the Royal Canadian Mounted Police provide physical security services throughout that precinct and Parliament Hill. It also makes consequential amendments to other Acts.
Division 11 of Part 3 amends the definition “insured participant” in the Employment Insurance Act to extend eligibility for assistance under employment benefits under Part II of that Act, while providing that the definition as it reads before that Division comes into force may continue to apply for the purposes of an agreement with a government under section 63 of that Act that is entered into after that Division comes into force. It also contains transitional provisions and makes consequential amendments.
Division 12 of Part 3 amends the Canada Small Business Financing Act to modify the definition “small business” in order to increase the maximum amount of estimated gross annual revenue referred to in that definition. It also amends provisions of that Act that relate to eligibility criteria for borrowers for the purpose of financing the purchase or improvement of real property or immovables, in order to increase the maximum outstanding loan amount.
Division 13 of Part 3 amends the Personal Information Protection and Electronic Documents Act to extend the application of that Act to organizations set out in Schedule 4 in respect of personal information described in that Schedule.
Division 14 of Part 3 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to require the Financial Transactions and Reports Analysis Centre of Canada to disclose designated information to provincial securities regulators in certain circumstances.
Division 15 of Part 3 amends the Immigration and Refugee Protection Act to
(a) clarify and expand the application of certain provisions requiring the collection of biometric information so that those requirements apply not only to applications for a temporary resident visa, work permit or study permit but may also apply to other types of applications, claims and requests made under that Act that are specified in the regulations; and
(b) authorize the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness to administer that Act using electronic means, including by allowing the making of an automated decision and by requiring the making of an application, request or claim, the submitting of documents or the providing of information, using electronic means.
Division 16 of Part 3 amends the First Nations Fiscal Management Act to accelerate and streamline participation in the scheme established under that Act, reduce the regulatory burden on participating first nations and strengthen the confidence of capital markets and investors in respect of that scheme.
Division 17 of Part 3 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to
(a) add a purpose statement to that Act;
(b) improve the transition process of Canadian Forces members and veterans to civilian life by allowing the Minister of Veterans Affairs to make decisions in respect of applications made by those members for services, assistance and compensation under that Act before their release from the Canadian Forces and to provide members and veterans with information and guidance before and after their release;
(c) establish the retirement income security benefit to provide eligible veterans and survivors with a continued financial benefit after the age of 65 years;
(d) establish the critical injury benefit to provide eligible Canadian Forces members and veterans with lump-sum compensation for severe, sudden and traumatic injuries or acute diseases that are service related, regardless of whether they result in permanent disability; and
(e) establish the family caregiver relief benefit to provide eligible veterans who require a high level of ongoing care from an informal caregiver with an annual grant to recognize that caregiver’s support.
The Division also amends the Veterans Review and Appeal Board Act as a consequence of the establishment of the critical injury benefit.
Division 18 of Part 3 amends the Ending the Long-gun Registry Act to, among other things, provide that the Access to Information Act and the Privacy Act do not apply with respect to records and copies of records that are to be destroyed in accordance with the Ending the Long-gun Registry Act. The non-application of the Access to Information Act and the Privacy Act is retroactive to October 25, 2011, the day on which the Ending the Long-gun Registry Act was introduced into Parliament.
Division 19 of Part 3 amends the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to modernize, clarify and enhance the protection of prescribed supervisory information that relates to federally regulated financial institutions.
Division 20 of Part 3 authorizes the Treasury Board to establish and modify, despite the Public Service Labour Relations Act, terms and conditions of employment related to the sick leave of employees who are employed in the core public administration.
It also authorizes the Treasury Board to establish and modify, despite that Act, a short-term disability program, and it requires the Treasury Board to establish a committee to make joint recommendations regarding any modifications to that program.
Finally, it authorizes the Treasury Board to modify, despite that Act, the existing public service long-term disability programs in respect of the period during which employees are not entitled to receive benefits.

Elsewhere

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

Votes

June 15, 2015 Passed That the Bill be now read a third time and do pass.
June 15, 2015 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 Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, because it: ( a) introduces income splitting and supersized Tax-Free Savings Account measures that will primarily benefit the wealthy few while wasting billions of dollars; ( b) does not introduce a $15 per hour minimum wage or create a universal, affordable childcare program, both of which would support the working and middle class families who actually need help; ( c) leaves Canadian interns without protections against excessive working hours, sexual harassment, and an unending cycle of unpaid work; ( d) sets a dangerous precedent for Canadians’ right to know by making retroactive changes to absolve the government of its role in potential violations of access-to-information laws; and ( e) attacks the right to free and fair collective bargaining for hundreds of thousands of Canadian workers.”.
June 10, 2015 Passed That Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 10, 2015 Passed That, in relation to Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 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.
May 25, 2015 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
May 25, 2015 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-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, because it: ( a) fails to support working- and middle-class families through the introduction of affordable childcare and a $15-per-hour federal minimum wage; ( b) imposes wasteful and unfair income-splitting measures which primarily benefit the wealthy and offer nothing to 85% of Canadian families; ( c) fails to protect interns against workplace sexual harassment or unreasonable hours of work; ( d) implements expanded Tax-Free Savings Account measures which benefit the wealthiest households while leaving major fiscal problems to our grandchildren; ( e) rolls a separate, stand-alone, and supportable piece of legislation concerning Canada’s veterans into an omnibus bill that contains vastly unrelated, unsupportable measures; and ( f) attacks the right to free and fair collective bargaining for hundreds of thousands of Canadian workers.”.
May 14, 2015 Passed That, in relation to Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, not more than two 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 second 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.

Bill C-59—Notice of time allocation motionEconomic Action Plan 2015 Act, No. 1Government Orders

June 9th, 2015 / 5:40 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I must advise that an agreement has not been reached under the provisions of Standing Order 78(1) or 78(2) concerning the proceedings at report stage and third reading stage of Bill C-59, an act to implement certain provisions of the budget tabled in Parliament on April 21, 2015, and other measures.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at those stages.

Report stagePoints of OrderGovernment Orders

June 9th, 2015 / 5:15 p.m.
See context

Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

Mr. Speaker, it is my absolute pleasure to take part in this debate on Bill C-59. It is a bill that I am very proud of and a bill which will make a big difference to my constituents in Winnipeg South Centre.

To begin, Bill C-59 builds on our government's record of support for Canadian families by keeping taxes low and helping families save more and invest more in their children, their families, their future.

Since 2006, our government has introduced measures to make life much more affordable for families. These measures include: reducing the lowest personal income tax rate and increasing the basic personal amount, so making more income tax-free; cutting the GST from 7% to 6% to 5%; introducing pension income splitting for seniors, which makes a huge difference to so many seniors, and certainly is one thing I hear about in my riding; establishing tax credits to support working low-income individuals and families, public transit users, first time homebuyers. I received a thank you note from someone who had just bought their first house. Especially for families caring for disabled relatives, we have done amazing work in that area.

We have also provided additional support for families with children through the children's art and fitness tax credits, enhancements to the registered education savings plan, and adoption expense tax credits. Most recently, the government has proposed a new family tax cut and enhancements to the universal child care benefit and child care expense deduction.

Canadians of all income levels are benefiting from tax relief introduced by our government with low- and middle-income Canadians receiving proportionally greater relief.

I am going to speak specifically to what economic action plan 2015 has done for families, for seniors and for students.

This year, Canadian families and individuals will receive $37 billion in tax relief and increased benefits as a result of actions we have taken in government since 2006.

For example, a typical two-earner family of four will receive tax relief and increased benefits of up to $6,600 annually in 2015 and every year going forward in perpetuity. This is thanks to measures such as the family tax cut, the universal child care benefit, the goods and services tax rate reduction, the children's fitness tax credit and other new credits, especially the broad-based income tax relief, including the reduction in the lowest personal income tax rate.

By reducing taxes year after year and enhancing benefits to Canadians, our government has given families and individuals greater flexibility to make the choices that are right for them. Families are just like pantyhose: one size does not fit all.

Additionally, while we have been busy cutting taxes for families, we have in turn made sure that federal transfers to our provinces and territories, the transfers that help pay for what Canadians cherish so much, education and health care, have continued to grow. In fact, including the Canada health transfer and the Canada social transfer, this year, 2015-16, the amount is going to be almost $68 billion. This is an all-time high, and all the more impressive, it is at the same time as we brought the budget into balance.

This economic action plan is also very supportive of seniors who are already benefiting from important money-saving measures such as pension income splitting and of course, their TFSAs.

Bill C-59 will introduce new measures that give seniors freedom and more flexibility when it comes to managing their retirement income. For example, our government will be reducing the minimum withdrawal factors for registered retirement income funds. This will make a huge difference for many seniors in my riding of Winnipeg South Centre and across Canada. By permitting more capital preservation for our seniors, the new factors will help to reduce the risk of outliving one's savings, while ensuring that the tax deferral provided on RRSP and RRIF savings continues to serve a retirement income purpose.

I am also very pleased that our government is introducing the new home accessibility tax credit. This proposed 15% tax credit will apply on up to $10,000 of eligible home renovation expenditures per year for seniors and for people with disabilities all across Canada. Eligible expenditures will be for improvements that allow a senior or a person who is eligible for the disability tax credit to be more mobile, safe and functional within their homes. We will also be providing up to $42 million over five years to help establish the Canadian centre for aging and brain health innovation. We have allocated $37 million annually to extend employment insurance compassionate care benefits from the current six weeks to six months as of January 2016.

Our government continues to invest significant funding in training and education for students. Federal support for post-secondary education amounts to $10 billion annually and includes financial assistance, such as Canada student loans, Canada student grants, the Canada apprentice loan, and specific programming targeted to first nations and Inuit students. There are also programs designed to enhance skills training among specific groups, including through our youth employment strategy, through our opportunities fund for persons with disabilities, and of course, for aboriginal peoples, through investments of over $440 million annually.

In addition to ensuring Canadians have the skills they need, we also invest in labour market programming, which helps to bridge the current needs of our labour market with the future evolution of our labour force. In 2014-15, the government transferred $2.7 billion to support labour market programming, including $500 million for provinces and territories through the Canada job fund agreements, which include the Canada job grant.

The government has also taken action to support the labour market participation of older Canadians who wish to remain in the workforce by providing $75 million to renew the targeted initiative for older workers, providing assistance to improve the ability and employability of unemployed workers age 55 to 64.

This budget builds on existing measures to help people find jobs and help jobs find people. It commits to working with provinces and territories to facilitate the harmonization of apprenticeship training and certification requirements in targeted Red Seal trades. Some members know that Red Seal trades include mechanics, electricians, carpenters, and even bakers. Our government, since last year, has made it so apprentices in these trades have had access to over $100 million in interest-free federal loans each year.

Overall, Canada saw a 20% increase in registrations in apprenticeship programs between 2006 and 2012. Based on that success, Bill C-59 will provide $1 million over five years to Employment and Social Development Canada's Red Seal secretariat to promote the adoption of the Blue Seal certification program across Canada. Blue Seal certification recognizes business training among certified tradespeople. Currently offered in a few provincial jurisdictions, the certification can help increase the chances of business success for entrepreneurial tradespeople.

Finally, our government has fulfilled a long-standing commitment of increasing the annual contribution limits of tax-free savings accounts to $10,000. This will be helpful to all Canadians, including families, young people and seniors. TFSAs help Canadians save at every stage of life, whether for retirement, starting a business, or buying their very first home. By doubling the TFSA limit, which when we introduced the TFSA in 2009 was $5,000 annually, we are empowering Canadians to save even more of their own money for their own priorities. We hope that more Canadians will take advantage of the tax-free savings account going forward. Of the nearly 11 million individuals who already have a TFSA, 2.7 million are seniors.

I am extremely proud of our government and the continued commitments it has made to Canadian families, Canadian students and Canadian seniors.

The House resumed consideration of Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, as reported (without amendment) from the committee.

Report Stage Motions--Speaker's RulingPoints of OrderGovernment Orders

June 9th, 2015 / 4:40 p.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

Before resuming debate, the Chair wishes to make a ruling on the motion by the member for Saanich—Gulf Islands on a point of order earlier today.

Having delivered a decision on the selection of report stage motions for Bill C-59, an act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, the Chair would like to address the concerns raised by the hon. member for Saanich—Gulf Islands concerning report stage motions Nos. 49 and 116, standing in her name on the notice paper.

I would like to thank the hon. member for having raised this matter, as well as the hon. Leader of the Government in the House of Commons for his comments.

The member's main point of contention is that her proposed amendments could not have been presented before the deadline adopted by the Standing Committee on Finance because they flow directly from witness testimony that took place after the deadline passed.

As evidenced by first having written a detailed letter and now having raised the matter again in the form of a point of order, the member for Saanich—Gulf Islands clearly feels that she was not provided an opportunity to have certain amendments considered by the committee. She feels this circumstance is exceptional, and on that basis, the House as a whole should decide whether Bill C-59 should be amended in the fashion she is proposing.

In deciding the matter I must be guided by our long-established practice in relation to the Chair’s authority to select report stage motions. A note to Standing Order 76.1(5) says:

The Speaker will not normally select for consideration any motion previously ruled out of order in committee [and] will normally only select motions that were not or could not be presented in committee.

At page 783, the authors of House of Commons Procedure and Practice set out the general principle with respect to the selection of report stage motions:

As a general principle, the Speaker seeks to forestall debate on the floor of the House which is simply a repetition of the debate in committee. [T]he Speaker will normally only select motions in amendment that could not have been presented in committee.

Both these excerpts point to an essential truth about report stage: mainly that it is not meant to be another opportunity for detailed consideration of the clauses of the bill. For this reason, the Chair rigorously limits the types of motions that could be considered at report stage. In so doing, the Chair rests on the presumption that a committee's clause-by-clause consideration provides ample opportunity to scrutinize the clauses of the bill and have amendments considered accordingly.

The Chair is not convinced by the argument that the rationale for selection of report stage motions can be rooted so exclusively in anyone's particular testimony and qualify as an exceptional circumstance that the Chair ought to consider.

While the Chair understands the member's specific argument about deadlines with respect to submissions of amendments for Bill C-59, I also know that committees have shown great flexibility in the past, not only about deadlines, but more generally in how they consider amendments in clause-by-clause. In fact, one such example of that flexibility is the very process that committees adopted, allowing members of non-recognized parties to have their amendments considered in committee.

I know the member for Saanich—Gulf Islands is one of the more active members of this place when it comes to clause-by-clause. In this regard it would have helped establish for the Chair the degree to which it truly was impossible to have these amendments considered in committee. If she had pointed to demonstrable attempts to bring before the committee her amendments, her arguments might have been more persuasive.

As such, the Chair cannot agree with the member for Saanich—Gulf Islands and finds that Motions Nos. 49 and 116 should not be selected on the basis of exceptional significance. I would like to thank the hon. member for having raised this matter.

Resuming debate, the hon. Parliamentary Secretary to the Minister of Canadian Heritage.

Motions in amendmentEconomic Action Plan 2015 Act, No. 1Government Orders

June 9th, 2015 / 4:25 p.m.
See context

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, the Conservatives have added over $120 billion to the national debt. They inherited the best fiscal situation of any incoming government in the history of Canada, a $13-billion surplus. They actually spent through that and, through a combination of their tax and fiscal policy, put Canada into deficit even before the global financial crisis in the fall of 2008, and then went on to rack up record levels of national debt in Canada, including the largest deficits in Canadian history.

That is the fact on the Conservative's shoddy record of fiscal mismanagement.

I am rising today to speak to the government's budget bill, C-59. For years, the Conservatives have crossed the line in what is acceptable in a functioning democracy as a government in the of respect for Parliament. It is not only how they have now normalized the use of massive omnibus bills, they regularly shut down debate in the House, they prorogue Parliament multiple times, they use committees as branch plants of minister's offices, but this legislation would go further than we have ever seen before. This legislation contains something so egregious it is shocking, even for the Conservative government.

The government, in this legislation, is actually trying to end an OPP investigation into the illegal destruction of documents. It would do this by retroactively making acts which were illegal at the time legal. It would effectively stop an OPP, or police, investigation into the RCMP, the very people we rely upon to uphold the law. The government has refused to say who in the government, whether it was the Minister of Public Safety, ordered the RCMP to break the law. With Bill C-59, Canadians may never find out.

Imagine retroactively making what was illegal at the time legal and allowing for the destruction of evidence associated with the wrongdoing. This is absolutely shocking.

I want to be clear. I believe the RCMP was given no choice by the government. It was given its marching orders. The legislation in this budget bill is actually being used by the Conservative government to try to cover up its crime.

In April 2012, the Ending the Long-gun Registry Act came into force. It called for the destruction of certain records in the long gun registry. However, it was flawed in that it made no mention of the Access to Information Act. That omission meant that the records could not be destroyed until after any pre-existing access to information cases were closed.

In April 2012, the Information Commissioner wrote to the Minister of Public Safety, in his role as the head of the RCMP, and reminded him of this legal commitment. On May 2, 2012, the public safety minister acknowledged the commissioner's letter and promised that the RCMP would abide by the access to information law in this matter.

This is the point at which the Conservative government could have gone back to Parliament to fix the legislation. It could have respected the law and our democratic institutions and sought Parliament's permission. Instead, somebody in the Conservative government ordered the RCMP to destroy the records and, as such, break the law. In October 2012, the RCMP did just that, destroying the records.

The Information Commissioner conducted an investigation and concluded that the RCMP destroyed the records knowing they were the subject of a request under the Access to Information Act. That is against the law.

In late March of this year, she referred the matter to the Attorney General. How did the government react? Instead of immediately referring the matter to an outside police organization for action, the reaction of the Conservatives was to cover up the crime.

The Conservatives' solution was this legislation, a budget bill. Imagine a budget bill being used to effectively and retroactively change the law to make the crime legal, erasing any liability for the people involved. The government has since referred the matter to the Ontario Provincial Police for an independent investigation into the matter. However, it will be hard for it to investigate when this law one past erases all liability for everyone involved and permits the government to effectively oversee the destruction of evidence of previous wrongdoing. Canadians deserve to know what happened and who broke the law.

At committee, I introduced amendments to allow the OPP's investigation to continue. My amendments would have delayed the elimination of liability and stopped the destruction of evidence. Records would have been protected from destruction “if there are reasonable grounds to believe that they could afford evidence of an act or omission that constitutes an offence under an Act of Parliament.”. These amendments were not about trying to save the long gun registry, they were about protecting only those records that provided evidence of an illegal act. The Conservatives quietly voted against the amendments and downplayed the whole affair. In their words, Bill C-59 simply closes a bureaucratic loophole.

I agree with the Information Commissioner when she says, “Bill C-59 is not an attempt to close a loophole; but rather it is an attempt to create a black hole”. The Information Commissioner has recently gone to the Federal Court to file a preservation order to stop the Conservative government from destroying evidence of wrongdoing. Members should let that sink in for a moment and think of the seriousness of what is going on here. An officer of Parliament has gone to court to stop the government from trying to cover up an illegal act.

I would like to go from this abuse of power and blatant corruption by the Conservative government in this budget implementation act to discussing some other measures in the bill that should also be considered offensive in terms of a functioning democracy.

There are measures in the bill which are almost certainly unconstitutional, such as Division 20, which is connected to the government's sick leave and disability programs. The government is using these measures to play politics and to deliberately pick a fight with the unions in the lead-up to an election. The Conservatives are circumventing the collective bargaining process in an attempt to unilaterally impose their will on government workers. They are trying to pretend that workers do not have legal rights. The government's behaviour is poisoning the well and will make it harder for future governments to achieve labour agreements and peace with labour unions in Canada.

We have also heard some very serious concerns about Division 3, which includes measures to extend privilege to patent or trade-mark agents and their clients. In the words of the Federation of Law Societies of Canada, it “raises complex issues and would have significant implications not only for the patent and trade-marks system, but also for the legal profession, other professions, and for the administration of justice.”

The government is using omnibus legislation to bundle together hundreds of unrelated measures into a single bill. Many of these changes have nothing to do with the budget and do not belong in a budget bill. However, the Conservatives do not care about respecting Parliament. Instead of introducing proper legislation that allows for meaningful input from the public, the Conservatives combine an overwhelming amount of unrelated changes in legislation into a single bill. They do this in order to limit debate and scrutiny, and ram the changes through Parliament.

There are some measures in the bill which are actually related to the budget, such as the increase to the TFSA limits and income splitting, two measures that are disproportionately good for the wealthy but do not do enough for the middle class.

The Liberal plan for the middle class would cut the taxes for middle-class families. The Liberal plan for the middle class would introduce a new Canada child benefit that would provide middle-class families in Canada making $90,000 per year with two children a real break. They would get $2,500 more than they are getting from the Conservatives right now. Families making $45,000 per year with two children would be $4,000 better off than they are right now. Single parents would benefit from the Liberal leader's plan for a Canada child benefit. We would do more for the families that need the help the most. We would be able to afford to do that by doing a little less for the families that do not need the help. We do it in the context of respecting Parliament and the laws that govern our country. That is what a Liberal government would do to restore fairness and respect for the rule of law to our country.

Motions in amendmentEconomic Action Plan 2015 Act, No. 1Government Orders

June 9th, 2015 / 4:10 p.m.
See context

Crowfoot Alberta

Conservative

Kevin Sorenson ConservativeMinister of State (Finance)

Mr. Speaker, I appreciate the opportunity to rise in the House and discuss Bill C-59, which would implement certain provisions of economic action plan 2015.

First, let me remind the House and Canadians who are watching that we live in what continue to be challenging times. Around the world, many nations, including some of our friends and allies, struggle to achieve fiscal security. Global growth coming out of the great recession has been lacklustre. Geopolitical uncertainty continues to hobble the recovery. Of course, the dramatic plunge in oil prices has taken its toll. It has taken its toll here and in many other countries around the world.

Still, the news for Canada is, by and large, positive and good. This is thanks to the strong leadership of our Prime Minister and our low-tax balanced budget plan. Just last month, Canada's economy added nearly 59,000 jobs, almost all of them in the private sector and most full-time jobs, which raises the number of jobs created since June 2009 to more than 1.2 million jobs.

As any economist would tell the official opposition, no single labour force survey should be interpreted on its own, given the volatility of the job market. However, I must point out that over the last six months, total employment has averaged gains of 15,200 per month, and over the last year, employment has averaged gains of 16,000 per month.

The facts are clear. Canada's economic action plan is working. Canada has demonstrated the best economic performance among the G7 countries over this recovery period. The IMF, or International Monetary Fund, and the Organisation for Economic Co-operation and Development expect Canada's growth, already ahead of our peers during the recovery, to continue to be solid. Of course, we have a balanced budget. All the while, the government has maintained its priority: putting money back into the pockets of hard-working Canadian families and hard-working businessmen and businesswomen. Therefore, it is not a coincidence that we have returned to a balanced budget while maintaining the lowest tax burden on Canadians in half a century.

That brings me to economic action plan 2015. Now that the budget is balanced, our government can continue to focus on what matters most to Canadians. Those priorities are, one, helping Canadians and communities prosper; two, ensuring the security of Canadians and protecting Canadians from the threat of terrorism at home and abroad; and three, supporting jobs and growth by creating an economic environment that allows businesses to thrive, fostering trade, and making essential investments in world-class advanced research and infrastructure.

Ever since Canadians first elected and trusted our government to place Canada on the path toward growth and prosperity, our approach has been clear and consistent: take as little as possible and give as much as possible. From families with young children to seniors, small businesses, and beyond, we have followed through. We have reduced taxes more than 180 times since 2006 and we have no intention of stopping now.

Bill C-59 goes even further to help families make ends meet with the following measures: implementing the family tax cut, which would allow a high-income spouse to, in effect, transfer up to $50,000 of taxable income to a spouse in a lower tax bracket, saving tax dollars for that family; increasing the universal child care benefit for children under age 6 and expanding it to children between the ages of 6 and 17; and increasing the child care expense deduction dollar limits by $1,000.

This is all good news for Canadian families, but both opposition parties have opposed much of our tax reductions. The Liberal leader has said that he would reverse the family tax cut because it costs the government too much. Whose money does he think this is?

By promising to adopt the Ontario Liberal dramatic payroll tax hike, the Liberal leader also promised he would force money directly off middle-class workers' paycheques, without their consent. A worker earning $60,000 a year would take a mandatory $1,000 pay cut with the Liberal plan.

Meanwhile, the NDP wants to raise the price of gas and groceries with a carbon tax. While raising government revenues is its priority, our priority is helping families make ends meet.

Another priority I would like to touch on for a moment is our government's responsibility to ensure safety and security of Canadians and defend the nation's sovereignty. Canadians want to feel safe and secure in their homes. They want to feel safe online. They want to feel safe in their communities.

Our government understands the dangers, and we are determined to respond to those dangers. Today's legislation includes several measures to ensure the continued security of Canadians. First, protecting the integrity of our borders is essential to keeping Canadians safe and secure, while facilitating economic activity.

In economic action plan 2014, we highlighted the importance of biometric immigration screening as an effective means to combat identity fraud and abuse of Canada's immigration system, including helping to identify known criminals before they come to Canada. To further improve the security and integrity of Canada's immigration system, economic action plan 2015 proposes to expand the use of biometric screening to verify the identity of all visa-required travellers seeking entrance to Canada. By helping to prevent inadmissible individuals from entering our country, expanding biometric screening would help facilitate legitimate travel to Canada while protecting the safety and security of our Canadian citizens.

Finally, we remain unflagging in our support for jobs and growth. It only makes sense that small businesses the drivers of job creation, receive as much tax relief as we can provide them. After all, they account for 99% of all businesses across our country and they employ half of all the working men and women in the private sector. A business that spends its time focused on its own success, rather than handing over to the government excessive amounts of its profits or complying with onerous and unnecessary red tape, is one that is creating jobs to benefit hard-working Canadians.

Today's legislation continues to break new ground. It would reduce the small business tax rate to 9% by 2019. That is the largest tax rate cut for small businesses in more than 25 years. For example, for a small business with taxable income of $500,000, as a result of this tax cut and other measures that we have brought forward since 2006 in previous legislation, the amount of federal tax paid would be nearly 50% lower than since we were elected in 2006. That is nearly a 50% reduction in taxes that these small businesses could use to create jobs and reinvest in their businesses, in innovation, or in research, or perhaps even hire extra staff for extra positions.

It is very unfortunate that the Liberal leader opposed our newest small business tax cut. We know the NDP does as well. The changes we have made would help enhance the ability of small businesses across Canada to retain earnings, grow their businesses, and create jobs.

To sum up, in an uncertain world, Canada's economic action plan is working. It is creating jobs and it is keeping the economy growing. Now is not the time for risky schemes and untested leadership. By staying the course and sticking to the proven leadership that we have with our Prime Minister, Canada remains on track to a very bright future.

Motions in amendmentEconomic Action Plan 2015 Act, No. 1Government Orders

June 9th, 2015 / 4:05 p.m.
See context

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I have a question for my friend from Saanich—Gulf Islands.

It is interesting, with these omnibus bills that are notionally attached to the budget, that we spend so much of our time talking about non-budget things, because that is the majority of what sits in the bill. That is also true for this Bill C-59. It has 150 pages and 270 different clauses changing all sorts of laws and rules, the vast majority of which have nothing to do with the Canadian economy.

One would wonder if a government is actually interested in helping out Canadians who are out of work, the 1.3 million-odd Canadians. The youth unemployment rate is 1.5 points higher than it was a year ago, and we have had more than 16 months of terrible growth rates in Canada, never mind the innovation gap. The Prime Minister recently committed to decarbonizing the Canadian economy in 85 years' time.

I am wondering what my friend's assessment is. There has been a global surge in clean tech investments, outpacing investments in carbon energy, globally speaking, and many of the provinces and cities have moved forward in Canada. Yet the lack of leadership, the lack of thoughtfulness about this pressing environmental concern, is only surpassed by the ignorance toward the economic opportunities that exist for Canadians to retrofit their homes, to move to and from work in more environmentally friendly ways, and to go to work at places that are more conscious of our impact on the planet.

My question is of a financial nature, yet wedded within the ecological questions that we all must ask ourselves. The Prime Minister has now committed that he thinks carbon is a problem and he is going to do something about it—or not him, but 85 years from now someone is going to do something about it.

I am wondering about my friend's assessment of Canada's performance to this point in getting onboard that light rail train of opportunity that is expressed by the clean tech sector globally.

Motions in amendmentEconomic Action Plan 2015 Act, No. 1Government Orders

June 9th, 2015 / 3:55 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I appreciate the opportunity to speak at report stage. I understand I am speaking to my amendments that were the deletion amendments and that substantive amendments that I put forward still await a ruling.

As I have the floor now, just in brief response to the point made by the government House leader that he was somewhat caught unaware by my point of order, I have checked with my staff on the number of times the government House leader has risen on points of order directed at restricting my rights as a member of Parliament. I have not received any advance notice from the government House leader. Not that I was in any way suggesting tit-for-tat, but I did not realize it was a convention in this place to give the government House leader more notice of my points of order than he has ever given me.

Turning to the substance of Bill C-59, I appreciate the remarks from my friend from Skeena—Bulkley Valley. The substance of the bill needs to be put forward again clearly that this is an omnibus budget bill once again.

This is an omnibus budget bill that amends 20 different Canadian laws. These are 20 completely different things.

Therefore, there is no single unified purpose, which is the underlying principle of why we would ever have omnibus legislation in this country. Under this administration, the use of omnibus budget bills is unprecedented in Canadian parliamentary history, as is the use of time allocation. We have never had any other administration ever put forward so much legislation through the form of omnibus budget bills with sections that are unrelated to each other and equally unrelated to the budget.

This one is not as lengthy as others. Certainly, Bill C-38 had over 400 pages and was followed by Bill C-45 at over 400 pages. In earlier times, when the Conservatives were a minority, they brought forward 800 pages of omnibus budget legislation in 2008. I think it was over 900 pages in 2009. In terms of page length, this one is just under 160 pages. It is less lengthy but no less complex than previous omnibus budget bills. As a result, it has had inadequate study. It was pushed through committee and pushed through this place, with time allocation at every stage.

In looking at it in any level of detail, I think it is worth reviewing with other members of this House because we have had so little time to study it, how many different sections of laws are affected by this.

It affects parliamentary precinct security. That is one thing I want to return to because it is a fundamental and very important constitutional question of who is in charge of security in this place.

It changes the Personal Information Protection and Electronic Documents Act, PIPEDA.

It makes amendments to the First Nations Fiscal Management Act, a good piece of legislation that we had been waiting for for some time, which really deserves its own care and attention through this place.

It makes changes to the Trust and Loan Companies Act.

It makes changes to the Public Service Labour Relations Act, which are quite egregious in that they pre-empt collective bargaining. I will stop at this point to say that this pre-empts collective bargaining to make changes to sick leave provisions for our very hard-working federal civil servants.

The changes that would occur to the National Energy Board Act would change the maximum duration of licences for the exportation of natural gas issued under the NEB Act.

It goes on and on in terms of the number of distinct and different pieces of legislation, none with a relation to each other, none receiving adequate study.

I will add one anecdote. I presented amendments at committee on a previous omnibus budget bill. It was not until I presented the amendments that the committee realized that there had been no witnesses on that particular section. None of the committee members remembered having read it, so my amendments could not be adequately discussed because nobody really knew about that section of the omnibus bill. There were just too many sections to give it adequate care and attention.

Let me just touch on some of the ones that are concerning.

I certainly was concerned to see the changes to the Copyright Act. These are changes that benefit the music industry, particularly the large U.S. companies, not the songwriters and not the musicians of Canada, by changing the copyright for a song recording from 50 to 70 years.

There are also changes in division 9. I mention these briefly but without describing them. The natural gas exportation licence would be extended to 40 years, up from 25. That is quite a significant change. It was opposed in committee by the witnesses from West Coast Environmental Law. I will just quote from their testimony. They said:

It is quite possible that something thought to be a good idea today may not, in 25 years' time, with the advent of climate change, economic shifts, an increasingly harmed environment, and other potentially unforeseen alterations in the landscape...

be considered a good idea in four years' time. These are significant changes that did not receive enough study.

We heard from the member for Skeena—Bulkley Valley, and I completely agree, about the precarious nature of interns working in the federal civil service. All parties have at various times said that they want to do something to ensure that unpaid internships and student work within the government are protected properly. The access is going to go in that direction, but as a submission from the Canadian Intern Association made clear, much more needs to be done if these workers are not to be exploited in the system.

Given the time I have at the moment, I will move on to other areas of the bill that really should have had greater study. The biometrics piece is one that came out with witness testimony at the very last minute. It was actually on the morning that we moved to clause-by-clause. We realized how sweeping the changes are in terms of collecting biometric information. They might even apply to people who want to come here as tourists, given the changes that were made in the fall of 2012 in Bill C-45. For people seeking to come here on vacation, if they are not in a country that requires a visa, these potential tourists would also have to apply to the Minister of Citizenship and Immigration for permission to come to Canada. The sweeping nature of the changes under biometrics information could apply to tourists, even though I do not believe that that is the government's intent.

Let me just make sure that in the three minutes remaining, I concentrate on the two most egregious changes in Bill C-59.

I mentioned earlier the change in security in the parliamentary precinct. There could not be a more serious issue for those of us assembled in this place. We had the attack and the tragic murder of Nathan Cirillo on October 22, 2014, and what could have been a far more devastating tragedy had the security team of the House of Commons, the RCMP, and the Ottawa Police had not acted as they did and ended that crisis.

The conclusion being reached that we need a unified security team is exactly right. We do need to ensure that the outside grounds and the inside of Parliament are all protected by people who are in one unified system. The large question, and one that has been rushed through this place without adequate study, is which of the security agencies should be in control. It is deeply embedded in parliamentary tradition. The first reference to this that I could find goes back to the year 1500. It is deeply embedded in parliamentary tradition that you, Mr. Speaker, are the person, the entity and the office that protects the security of the members here.

A change to give control to the RCMP, which ultimately reports to the Prime Minister or to the executive part of government, is a fundamental change that is unconstitutional. However, because of the privileges that surround Parliament itself, it is unlikely that we will ever be able to challenge this in a court.

It should not be rushed through this place. It is a fundamental change in the relationship between the Speaker, the members of Parliament who look to the Speaker for the protection of their rights, and the risk of an abuse of that authority to impede access to this place, based on party membership. I am not going to suggest that it exists with any particular prime minister. There is a significant risk that remains for potential future prime ministers if we do not change this.

The last point I want to raise is best expressed in the words of the Information Commissioner of Canada about the changes to undo laws in effect. She said:

These proposed changes would retroactively quash Canadians’ right of access and the government’s obligations under the Access to Information Act. It will effectively erase history.

...[it] is not an attempt to close a loophole; but rather it is an attempt to create a black hole.

Such changes should not be allowed in any democracy. Bill C-59 should therefore be defeated.

Speaker's RulingEconomic Action Plan 2015 Act, No. 1Government Orders

June 9th, 2015 / 3:10 p.m.
See context

Conservative

The Speaker Conservative Andrew Scheer

There are 149 motions in amendment standing on the notice paper for the report stage of Bill C-59. All motions, except Motion No. 49 and Motion No. 116, have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76.1(5) regarding the selection of motions in amendment at report stage.

Motions Nos. 1 to 48, 50 to 115, and 117 to 149 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 48, 50 to 115 and 117 to 149 to the House.

The House proceeded to the consideration of Bill C-59, an act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, as reported (without amendment) from the committee.

Bill C-59--Selection of Report Stage AmendmentsPoints of OrderOral Questions

June 9th, 2015 / 3:10 p.m.
See context

Conservative

The Speaker Conservative Andrew Scheer

I thank the hon. government House leader for his intervention on this.

I have taken note of the point of order raised by the hon. member for Saanich—Gulf Islands concerning report stage Motions Nos. 49 and 116 for Bill C-59, an act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures. As I mentioned, I have also taken good note of the intervention made by the hon. Leader of the Government in the House of Commons on this matter.

Given that we are set to begin the debate at report stage of this bill, I will put aside those two amendments and will return with a ruling as soon as possible concerning the specific point of order.

Bill C-59--Selection of Report Stage AmendmentsPoints of OrderGovernment Orders

June 9th, 2015 / 1:45 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, as you will know from a letter that was delivered to your office yesterday, I seek the opportunity to rise on a point of order to speak to the pending decision that you will be making on the appropriate nature of the amendments that I have tabled in relation to report stage for the omnibus budget bill, Bill C-59.

The order to which I refer is Standing Order 76.1(5), which of course empowers the Speaker to select or combine amendments as he or she thinks fit. In the Annotated Standing Orders, there is additional guidance that the “Speaker will normally select only motions that were not or could not be presented in committee”. It also states, “For greater certainty, the purpose of this Standing Order is, primarily, to provide Members who were not members of the committee with an opportunity to have the House consider specific amendments they wish to propose.”

I will not take much of your time or that of the assembled members in reviewing all the events that led to the concern that I am now expressing. However, I am sure members will recall, and certainly you will, Mr. Speaker, that in exercising my right as the member of Parliament for Saanich—Gulf Islands, recognizing that the rules, as they exist to this point today, if you seek guidance from our rules of parliamentary procedure, allow a member such as myself, a member of a recognized party with fewer than 12 members, or an independent member of Parliament, the opportunity at report stage to do something that members belonging to the larger parties no longer have, which is to put forward amendments that are substantive at report stage.

The reason for this rule came from, I suppose we would have to call it the evolution of rules in this place, which has a consistent trend line. The evolution of rules has trended toward larger parties suppressing the rights of smaller parties, and in this particular instance, of a large majority party actually attempting to suppress the rights of an individual member.

This was done through a series of decisions. The hon. government House leader tried at one point in late 2012 to put forward a novel notion, and I was specifically cited in the government House leader's complaint, that all the amendments by the member of Parliament for Saanich—Gulf Islands should be lumped together, that the Speaker should pull one at random, put it to a test vote, and if that fails, none of the rest of my amendments should be put forward at report stage.

In your ruling on December 12, 2012, you put that notion quickly to rest in pointing out that that would rather defeat the purpose of legislative review. It would seem to suggest that might makes right and why bother to study any amendments at all, or even to put legislation through scrutiny.

In making that ruling, Mr. Speaker, you made specific note of two previous Speakers' rulings on this matter. Speaker Milliken, whom you cited with authority from March 29, 2007, pointed out “neither the political realities of the moment nor the sheer force of numbers should force us to set aside the values inherent in the parliamentary conventions and procedures by which we govern our deliberations.” Further, you cited former Speaker John Fraser from October 10, 1989, when he said, “We are a parliamentary democracy, not a so-called executive democracy, nor a so-called administrative democracy.”

In making that ruling, the clear guidance was in the following words:

Accordingly, unless and until new satisfactory ways of considering the motions of all members to amend bills in committee are found, the Chair intends to continue to protect the rights of independent members to propose amendments at report stage.

That is your role, Mr. Speaker. At page 307 of House of Commons Procedure and Practice, second edition, we find this clear statement of the duty of the Speaker:

It is the responsibility of the Speaker to act as the guardian of the rights and privileges of Members and of the House as an institution.

In making that finding, Mr. Speaker, you said, “Unless and until new satisfactory ways” have been found. I believe it must have been concocted in the Prime Minister's Office because by the following fall, identical motions appeared in all of the committees that study legislation, and each identical motion operated under the fiction that it came forward from a Conservative member of that committee to create the new rubric under which I am now complying, which says that my amendments must be tabled as those of all other members of parties under 12 members or independents, within 48 hours before the committee moves on to clause-by-clause stage.

I have been operating under that. At every stage I tend to remind the chairs of committees before whom I present amendments that they are deemed to have been presented. I am given generally about 60 seconds per amendment to explain the purpose of the amendment.

As unsatisfactory as that process is, in the case of these amendments, this is the crux of the case I put to you, Mr. Speaker, to please show flexibility. I know the committees are in charge of their own process, but in this case I am asking you to rule in relation to report stage.

An opportunity that cannot be used is surely no opportunity at all, satisfactory or otherwise. In this case, on June 2 at 9 a.m. all my amendments were due on omnibus budget Bill C-59. Subsequent to that deadline, 10 more outside witnesses appeared, as well as the Privacy Commissioner and the minister himself. Brand new, novel issues were raised by those witnesses. My amendments attempt to deal with new issues that were raised after the deadline by which I had to submit my amendments.

Unlike other members of a committee, I have no ability, nor does any other member in my situation, to put forward new amendments to deal with the new information. In other words, the ability of every member of Parliament in this place to do their work requires being able to weigh in substantively, and I hope helpfully, on amendments at report stage.

In this instance, Mr. Speaker, I am asking you to please consider in your discretion the rubric under which I am working. Under these individual motions, passed by all these different committees, which in some cases have meant that I literally race from committee to committee to submit my amendments in time and to speak to them because committee meetings are often concurrent, in the case of Bill C-59, yet again another omnibus budget bill, there was no reasonable opportunity to submit the amendments that I have included.

I have not included any amendments that had an opportunity before committee, although they were rejected. I have put forward only amendments that were not possible to have been imagined, constructed or drafted, because the witnesses who raised the issues testified before the committee after the deadline for the submission of my amendments.

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

June 9th, 2015 / 1:30 p.m.
See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, Bill S-2 is probably not the most accessible bill for the community and the people who are watching at home. From the beginning, I have been calling this bill the sleeper of this legislature.

For one thing, it has not garnered much attention, which is worrisome, and for another, it originated in the Senate. I believe that we are already starting off on the wrong foot when a bill that will have such a major impact on our future practices comes from the Senate.

That being said, this will likely be one of my last speeches in the House as the justice critic for the official opposition, given the justice agenda from now until the end of this Parliament on June 23. I would therefore like to thank the members of the Standing Committee on Justice, particularly those from the New Democratic Party and my colleague from La Pointe-de-l'Île, the sponsor for the recommendation we made to our colleagues regarding Bill S-2. She did an excellent job, given that work on this bill was not the easiest way to jump into her role as deputy critic. I would like to congratulate and thank her.

In recent years, the justice agenda has been rather onerous. Since you were once the justice critic for the official opposition, Mr. Speaker, you know what I am talking about. I would also like to thank the leader of the NDP for putting his trust in me. That is why I took the analysis of each bill very seriously and why I have often spoken out against the government's attempts to short-circuit democratic debates and in-depth examinations of bills. The decisions that we make in the area of justice can have even more significant implications for the people we represent.

Bill S-2 is a fine example because it did not attract too much attention. I was interviewed once about Bill S-2, and it was by Blacklock's Reporter, which took the time to analyze this bill and saw the same problems we did.

I find it even more important to point out that, when elected in 2011, I was appointed the co-chair of the Standing Joint Committee on Scrutiny of Regulations by our then leader, the great Jack Layton. I have to admit that at first I wondered about the committee's mandate. However, I understood just how important the committee was.

I also saw first-hand the systematic resistance of some departments, which take an eternity to answer the questions posed by the Standing Joint Committee on Scrutiny of Regulations. That was what had the greatest impact on my position on Bill S-2. Sometimes they were basic questions, mainly about incorrect language usage or contradictions between the French and English texts, which creates confusion and can lead to legal disputes. I truly appreciated what I call my internship with the Standing Joint Committee on Scrutiny of Regulations, because it taught me the importance of regulations.

As some members mentioned, we sometimes forget that the Minister of Justice must certify that any government bill, whether from the Senate or the government, complies with the Constitution and the Canadian Charter of Rights and Freedoms.

The same should be true for regulations. My colleague who spoke before me spoke about the importance of modernization. I agree with her. There are 30,000 pages of regulations every year. It is painstaking work to sort through all of that. However, members of the Standing Joint Committee on Scrutiny of Regulations and officials—whom I want to commend today for the difficult job they do—examine these issues and ensure that the regulations are correct, compliant and accessible, for the benefit of our constituents and for all Canadians across the country. People need to know what is going on and what could be expected of them. I agree that we need to find a way to modernize this.

However, modernizing means something else to this government. This may ultimately be where the Conservatives pay the price for their sins, if I can put it that way. Members on the official opposition benches are deeply distrustful of this government. Why? Because this government has been secretive. It has tried all kinds of ways to circumvent democratic debate. It does not accept disagreement with its opinions. It practically sees any question from the opposition as a form of treason. In short, it prevents us from doing the job we were elected to do. The Conservatives should not be surprised that we do not want to give them a way to speed things up or to put these issues in the hands of people we cannot control or oversee to ensure they are doing their job properly.

When a public servant like Mr. Schmidt goes to the Federal Court against his employer, the Department of Justice, to say that he was told to cut corners and ignore the Constitution and the charter, that worries me. Now the government wants the power to regulate by reference, which is the simplest way. There is also a retroactivity clause, as my colleague from Toronto—Danforth mentioned earlier. In committee, we were basically told that it was already being done—as if the fact that something previously prohibited is being done should justify the fact that they are rushing into this approach.

Currently, if regulation by reference happens, it is authorized or should have been authorized by the enabling legislation. We learned that that was not always the case. That is why the government put clause 18.7 in the Senate bill. That clause includes a retroactivity provision. That reminds me of what was in Bill C-59 about destroying information in registries.

What people do not see is that regulations can go very far. Let us look at each kind of bill: government bills, private members' bills and Senate bills. A power is always given to the appropriate minister, the authority to adopt regulations. The minister himself can delegate the power to take action to a senior official. In short, if we also decide to allow them to adopt regulations that come from other countries—which would come to us in a language that is not ours and where bilingualism will surely be short-circuited—one might have some serious concerns about this bill.

What I am saying to my colleagues in the House is that there is no urgency here. Bill S-2 deserves to be studied further and should be considered with greater openness. It would be nice if the government could look at the comments and listen to and consider the criticisms instead of simply slamming the door and saying that this bill is the only way.

I encourage my colleagues to take a short strategic pause to look carefully at Bill S-2, given that it could have enormous ramifications that will be rather serious in some cases.

FinanceCommittees of the HouseRoutine Proceedings

June 5th, 2015 / 12:05 p.m.
See context

Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Mr. Speaker, I have the honour to present to the House, in both official languages, the 10th report of the Standing Committee on Finance in relation to Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures.

The committee has studied the bill and has decided to report the bill back to the House without amendment.

June 4th, 2015 / 5:35 p.m.
See context

Green

Bruce Hyer Green Thunder Bay—Superior North, ON

Building on what Mr. Brison said, it's very clear to me and the Green Party of Canada that, whether it's based on ideology or some sort of strategy, the government is trying to pick a fight with unions.

Our amendments try to deal with getting around the incredible anti-labour position taken here, which is attempting to circumvent unions and our obligations under the Public Service Labour Relations Act. Incredibly, Bill C-59 imposes the government's bargaining position on public service unions before they ever even have the chance to sit down and negotiate.

It's not the right thing to do. It's not the smart thing to do. I really hope the government will rethink this part of the bill.