An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and to make consequential amendments to other Acts

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Kent Hehr  Liberal

Status

Second reading (House), as of March 24, 2016
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to, among other things,
(a) replace “permanent impairment allowance” with “career impact allowance”;
(b) replace “totally and permanently incapacitated” with “diminished earning capacity”;
(c) increase the percentage in the formula used to calculate the earnings loss benefit;
(d) specify when a disability award becomes payable and clarify the formula used to calculate the amount of a disability award;
(e) increase the amounts of a disability award; and
(f) increase the amount of a death benefit.
In addition, it contains transitional provisions that provide, among other things, that the Minister of Veterans Affairs must pay, to a person who received a disability award or a death benefit under that Act before April 1, 2017, an amount that represents the increase in the amount of the disability award or the death benefit, as the case may be.
It also makes consequential amendments to the Children of Deceased Veterans Education Assistance Act, the Pension Act and the Income Tax Act.

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.

Budget Implementation Act, 2016, No. 1Government Orders

May 6th, 2016 / 1:15 p.m.
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NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I share my colleague's indignation at the fact that Bill C-12 was put into an omnibus bill. However, I would like to remind him that the Conservatives also introduced undemocratic bills like this one that evince disrespect for Parliament.

Also under the Conservatives, wounded veterans were forced to prove, year after year, that the legs they lost in the line of duty had not magically reappeared. That is utterly unacceptable, and it literally adds insult to injury. Unfortunately, that practice will not change under the new government.

Is the member concerned about the fact that this bill fails to ensure that practice will end?

Budget Implementation Act, 2016, No. 1Government Orders

May 6th, 2016 / 1:05 p.m.
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Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Mr. Speaker, I would like to congratulate my colleague on her military service.

I think it is important to speak to members in this House about the specific measures in budget 2016 for veterans and how those measures will affect them. Nevertheless, before I address the more specific aspects of the budget, I want to note that my colleagues, the people of my riding of Beauport—Limoilou, and I all share concerns that the Liberal government is planning some exorbitant spending for this year and the years to come.

In light of Canada's current economic climate, the Liberal government's plan to run large deficits over many years is unjustified. Unfortunately, the government is essentially handing out money that has been borrowed instead of earned.

Furthermore, the government is breaking a number of its election promises, and we are just a few months in. This is surprising, since some of these promises were key planks in the Liberal platform. First, there was the promise to restrict deficit spending to a maximum of $10 billion, which has changed. I would remind members that the deficit spending was supposed to be used to invest in infrastructure, not to subsidize new recurring programs.

Then, the government promised to focus upcoming financial efforts on balancing the budget by the end of its term, which is no longer achievable. The other disappointment was the broken promise to lower the tax rate for small and medium-sized businesses, which create wealth for everyone.

I will set these concerns aside and get to the essence of my speech, which is the budget measures put forward to address the needs of our veterans.

I want to note that these measures were first presented separately from the federal 2016 budget, in Bill C-12, an act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and to make consequential amendments to other acts. This bill was introduced barely one month ago. I thought it was a good sign that the Liberals introduced this legislation, since there was no notion of partisanship on veterans' issues.

As a result, as the official opposition veterans' critic, I was planning to support Bill C-12 and vote in favour of it to help this government take positive action for our veterans, even though I felt that some amendments were necessary to fix certain technical issues.

This is also why I worked enthusiastically and passionately to urge my Conservative colleagues to do the same and vote in favour of Bill C-12, since, overall, it seemed that this bill would improve the well-being of our veterans.

Right now, though, that bill no longer exists. It is part of Bill C-15, the 2016 federal budget, an omnibus bill. As a result, since I will be opposing the 2016 federal budget for reasons of both content and form, and since the measures for veterans have been absorbed by that bill because of inappropriate partisanship, I will have to bear the burden of voting against those measures.

I would like to tell the veterans who are watching that my support for them is unwavering and that my vote against the budget in no way means that I am voting against measures that are good for them.

I will promise veterans this: raw, ruthless honesty that holds nothing back when necessary.

That is why I will be loud and clear today about which of these measures are acceptable to me and which ones are problematic and counterproductive.

No, the government’s approach to veterans’ issues is not perfect, and yes, it is my duty as the official opposition critic to identify major flaws.

Together, then, let us identify the measures put forward in the 2016 federal budget that will help veterans, measures that pertain to financial benefits in particular.

The budget proposes increasing the disability award, expanding access to higher grades of the permanent impairment allowance, and increasing the earnings loss benefit.

One observation immediately comes to mind regarding the political will and, in this case, the legislative will of the Liberal government to move forward with these improvements to allowances and benefits.

They are consistent with the approach that the Conservative Party of Canada had been taking since 2006, an approach that involves constantly improving the financial benefits that veterans are entitled to under the new veterans charter. The charter must be interpreted and amended through the lens of the living tree doctrine, which allows for changes in how our laws are worded and interpreted.

That is why, in recent years, in accordance with this philosophical approach, we in the Conservative Party brought forward various modifications and new measures with respect to this charter that have had a positive impact on veterans. Those measures include things like improvements to the permanent impairment allowance, the new retirement income security benefit, the new family caregiver relief benefit, and the new critical injury benefit.

Like us, the Liberals are adding benefits and allowances to the charter, in other words, increasing financial benefits here and there as the needs of our veterans evolve.

By all accounts, that is commendable. However, I think there are a few glaring problems arising from the Minister of Veterans Affairs's determination to proceed down this path. The improvements in budget 2016 do not address the urgent issues that individual veterans have brought to my attention.

As far as the disability award is concerned, the retroactive increase to the maximum payout draws on considerable financial resources, roughly $3.7 billion that could have been used more effectively. For example, that money could have been used to improve the assistance provided to family members of a veteran who is suffering, to enhance mental health services, and to implement a completely renewed approach to the transition from military life to civilian life and to the bureaucratic services provided to our veterans.

When it comes to these transition services, I very sincerely believe that we are currently at a crossroads regarding our veterans and the help we would like to give them.

Either we continue increasing the benefits, since that is the easiest thing to do, or we cut through the Gordian knot at the root of the problem that veterans are experiencing in their everyday lives. This is the next battle in their lives, the one they must wage in order to get help and an attentive ear at Veterans Affairs Canada, where they unfortunately face a systematically rigid and calculating bureaucracy.

The minister says he wants to help veterans, and that is a good thing. Therefore, he must get rid of the department's sometimes abusive bureaucracy once and for all, as it is characterized by a structure that too often dismisses veterans' requests and needs.

We must acknowledge one irrefutable fact: our veterans suffered in battle and they often return with problems that give rise to terrible mental health issues or physical conditions. These men and women in uniform not only made personal sacrifices. Above all, they dedicated their lives to serving Canada by defending our political principles, which from time to time vacillate even here in the House.

That is why those who are forced to leave the Canadian Armed Forces for medical reasons more often than not feel bitter and betrayed and as though they have lost their country's support for their commitment and ultimately for themselves.

The current veterans' movement includes a multitude of groups and claims often involving an increase in financial benefits.

I truly believe that these financial claims are motivated by injuries that go much deeper and require systemic help that goes far beyond any specific amount of money.

Veterans want respect from their own department, Veterans Affairs Canada. This department, which is the main source of assistance for our veterans in need, has to make major changes to its administrative approach and its established culture. The government needs to take real action on this, not just make announcements with no real meaning.

I believe that the Minister of Veterans Affairs needs to launch a comprehensive review of his department's administrative culture, including a review of staff conduct and of the regulations and structures that determine employees' everyday practices as well as the type and nature of services offered to veterans.

The minister needs to change the status quo. That is the real task he needs to undertake.

Budget Implementation Act, 2016, No. 1Government Orders

May 6th, 2016 / 12:20 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, I know when I was walking among many communities in my riding and knocking on doors, one of the things that my constituents spoke to me about again and again was their serious concerns about omnibus bills filled with lots of information that was not adequately debated in the House of Commons.

We now have another one. It is 179 pages long, contains 30 separate statutes, refers to nine different ministries, impacts several others, and contains Bill C-12, which is already on the Order Paper before the House of Commons.

The people in my riding are concerned. How would you respond to them?

Second ReadingBudget Implementation Act, 2016, No. 1.Government Orders

May 5th, 2016 / 5:25 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, like my colleague, I am very concerned about the Liberals falling into bad ways with what we can only describe as an undemocratic omnibus bill. The fact that it is 179 pages long and addresses a significant number of ministries and statutes concerns New Democrats very much.

My question is twofold. First, I absolutely understand that child care is an investment. For every $1 that is invested, $1.79 goes back into the economy, so it is a smart investment. I am sorry that it has not seen the light of day with the current government.

Second, I am very concerned about how veterans are being treated. Bill C-12 has been incorporated into this budget bill and it deserves our full attention. It is a bill that addresses the needs of our veterans with regard to their pensions. It needs to be separate and I wonder if my colleague could comment on that.

Budget Implementation Act, 2016, No. 1Government Orders

May 5th, 2016 / 11:40 a.m.
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NDP

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

Mr. Speaker, the first budget implementation bill was really the first test of the new Liberal government in terms of the economy. Of course, there have been some ways and means motions, but, since the budget was tabled on March 22, 2016, this is the first concrete expression of the approach that the Liberal government plans to take.

I am saddened to say that this first test has been a failure. It has been a failure on many counts, especially with regard to the promises that the Liberal Party made during the campaign.

It has been a failure because the Liberal government promised to do things differently. I was a member here during the previous Parliament. Time and time again, twice a year, the Conservatives introduced omnibus bills that included many different elements. The omnibus bills were often 300, 400, or 500 pages long, and the Standing Committee on Finance had to study them within impossibly tight timelines, which prevented the committee from doing its work. In other words, it could not study matters that were extremely important to the social and economic well-being of this country in a careful, rigorous, and analytical manner.

During the election campaign, the Liberals promised the following in their platform:

We will not resort to legislative tricks to avoid scrutiny.

[The previous prime minister] has used prorogation to avoid difficult political circumstances. We will not.

Let us wait and see what happens.

[The previous prime minister] has also used omnibus bills to prevent Parliament from properly reviewing and debating his proposals. We will change the House of Commons Standing Orders to bring an end to this undemocratic practice.

We are still waiting for that.

Let us now talk about the definition of the word “omnibus”. The Minister of Finance is denying that this is an omnibus bill. I will go back to the question I asked him. According to O'Brien and Bosc, our parliamentary procedure bible, an omnibus bill “seeks to amend, repeal or enact several Acts”. That is true of this 179-page bill: it seeks to amend 35 laws, it includes specific laws in their entirety, and it repeals other laws. It affects nine different departments. With that in mind, I think we can agree that Bill C-15 is an omnibus bill. It is characterized by the fact that it “is made up of a number of related but separate initiatives”.

The Minister of Finance himself said that these measures are related because they are in the budget. Instead of really doing what Canadians expect them to do, which is to take a different, transparent, and more responsible approach, the Liberals have decided to play with words by saying that all these measures are in the budget.

The budget is often 300, 400, or 500 pages long. If the Liberals now want to include all the measures in an omnibus bill by saying that they were in the budget, they are going to start changing the budget to reflect the legislative changes they want to make. That makes no sense.

This makes no sense because the size of the bills and the limited time we have to carefully study them preclude transparency. In order for the committee to do a proper job, it needs time and bills, especially when they are technical, that will allow it to conduct an analysis and present a proper report to Parliament.

It is not the case because there are many highly technical aspects of this bill that should be studied separately.

For example, the bail-in plan in the bill aims to solidify the banking system and reassure Canadians that if there is a failure in the banking system, taxpayers will not be on the hook for it. Often we are between the choices of letting the banks fail and having large consequences for the economy, or bailing them out with taxpayer money. This would bring a third possibility, which is currently being studied through OECD countries.

Why include this 20 to 25-page highly technical bill of its own modification of the Bank Act to be studied with hundreds of other measures that touch things as diverse as the Canadian Wheat Board, veterans, modifications to the GST, and so on?

This creates uncertainty right now among the Canadian population. I am not opposed to the idea of the bill. It should be studied. It actually might be a good way to protect the economy and at the same time protect the taxpayers. It is possible we will go in that direction. However, I am sure the government members, and all of the members of the House, have already received emails and communications from concerned citizens that this might touch their deposits, that the money they have invested in banks could be affected.

It would have been wise for the government to take this part and study it separately to reassure Canadians that this would not be the case, that this would not be like Cyprus, for example. However, the Liberals decided to put everything in this 179-page bill. It does not make sense.

What was the rationale of including a full bill that had been tabled in the House, Bill C-12, which aims at the reinsertion and the compensation for veterans? Honestly, I think we are all in agreement that we need to study this bill carefully. It would have been studied carefully if it had stood as its own bill.

If that had stood on its own as a bill, it would have warranted a study in committee over three or four meetings of two or more hours each, to ensure that the concerns of veterans were heard. What is going to happen now? The Standing Committee on Finance is going to review the provisions of this bill with the very few witnesses we will have for the entire study. To share their concerns and opinions veterans will have to compete with bankers and tax experts who will come to talk about other measures in the bill, including the bail-in regime.

Why draft a bill that we would debate here? We can discuss the details, but I think the House generally agrees that we should at least find a way to provide compensation to the veterans.

Do not tell me that this is not an omnibus bill, when it includes all these measures that could have and should have been studied differently.

Some of the other measures are highly questionable. Once again, they are going to have to share the stage with a myriad of other completely unrelated measures. I am thinking about employment insurance in particular. The government once again misled the House by saying that the EI surplus would be kept separate from the consolidated revenue fund and would not be used to fund government activities. However, we can clearly see in the budget that the EI surplus will be used as part of the consolidated fund.

Although the government may pat itself on the back for introducing measures to partly reverse the Conservatives' 2012 EI reform, those measures do not really meet the needs of workers and do not give them the protection they expect from the EI program.

There are measures to eliminate the discrimination between the different classes of workers, which forced frequent claimants, who are often seasonal workers, to accept jobs at 70% of their salaries and more than 100 kilometres away from their homes. We applaud those measures. We agree with them. We fought for that. Our party was the first to oppose those restrictions. Since I come from a riding where seasonal work is still important and still a major part of the economy, I am certainly in favour of eliminating those two requirements.

However, there are other very important measures that the Conservatives got rid of. I am thinking about what was known as the pilot project, which sought to bridge the gap between the end of EI benefits and the beginning of the working season. That measure was available to all workers in areas of high unemployment. For reasons that I cannot understand, the Liberals decided to restore that program but only for exactly 12 regions of Canada.

I do not take issue with these 12 regions getting an extra five weeks of employment insurance benefits. However, this measure should be available to all workers, as it was before 2012.

When I look at the Liberal members from the Atlantic provinces, with the exception of Newfoundland and Labrador, which is really the only province to benefit from this extension, I sincerely wonder what they think of these measures. What do their workers in seasonal industries such as the fishery, tourism, and agriculture think of these measures that exclude them from the extended benefits that they were entitled to before 2012, when they had seasonal industry status? The Liberals are turning a deaf ear despite the fact that they currently have all 32 seats in Atlantic Canada. As my party's critic for the Atlantic provinces, rest assured that I will be asking them this question many times.

I still did not get an adequate answer to something else I asked the official opposition finance critic about. Why did the Liberals break their solemn promise to follow the NDP example and then that of the Conservatives who lowered taxes for SMEs? That promise has vanished.

Then they have the nerve to claim through the parliamentary secretary that they did lower the SMEs' tax rate because it has gone from 11% to 10.5%. It was not the Liberals who did that. Those measures were in place in the Conservatives' previous budget. Nonetheless, we would have liked the measure that we supported in the Conservatives' budget to be applied more quickly. It was a gradual reduction from 11% to 9%. The measure to lower the tax rate to 10.5% did not come from the Liberal government. It was a previously made decision.

I find it appalling that the Liberals want to take credit for a measure that has nothing to do with them, and that they are trying to divert attention away from the fact that they cancelled the gradual reduction that would have lowered the tax rate to 9%. This measure will cost $2.2 billion, and was harshly criticized by the small business community. The government has provided no justification whatsoever for failing to adopt that measure. It was one of the most important and most popular measures of the 2015 Liberal election platform.

The Standing Committee on Finance will have to pay particular attention to certain other measures. For instance, some elements are problematic and are causing concern and uncertainty regarding the potential disclosure of personal information to the Canada Revenue Agency. I am not saying whether that is a good or a bad idea. I am saying that, any time we are dealing with such sensitive issues, especially in light of what we have learned over the past few months regarding tax evasion and other problems that seem to abound at CRA, clearly we need to be able to take our time studying these measures. Once again, it is not my intention to block or obstruct the process, but I want to reassure Canadians that these measures are necessary and they will protect their privacy.

The government does not seem to understand that that is what should happen. It would rather bundle everything together in one big package. Then it will ask the Standing Committee on Finance to proceed as quickly as possible so the bill can be passed and we can stop talking about it. That approach flies in the face of the Liberals' commitment to transparency and to restoring the watchdog role to Parliament and committees and giving them the time they need to study and scrutinize bills.

We do not use our names in the House. I am the member for Rimouski-Neigette—Témiscouata—Les Basques. All members of the House are identified by their title or their riding. In committee, we use people's names. Why is that? Because even though our presence is determined according to the number of seats we have, we are not there on behalf of the government, the official opposition, or the third, fourth, or fifth opposition party. We are there to study the government's bills and ensure that they pass the test of legislation that will ensure well-being and progress for Canada, its economy, and its people.

We cannot do this with bills that are 179 pages long. Why is the number of pages important? The answer to this question can be found in another quote, this time from a study by Louis Massicotte published in the Canadian Parliamentary Review.

It has been computed that between 1994 and 2005, budget implementation bills averaged 73.6 pages, while since 2006 they averaged 308.9—four times longer. But the increase is even more huge than it looks. While during the first period a single budget implementation bill was presented each year (there were none in 2002 and two in 2004), bills of that nature have since then been presented twice a year except in 2008, when there was a single one. The yearly average of budget implementation legislation in recent years is therefore closer to 550 pages—this is seven times longer!

We should note that the period between 1994 and 2005 corresponds to a time when the Liberals held power. That was the last time that the Liberals were in power. Their budget implementation bills were on average 79 pages long. They sought to legislate tax measures affecting income tax, the GST, and excise taxes.

Now, we have just been casually told that a 179-page bill that affects a myriad of other measures, which may have been mentioned in the budget but are still extremely complex and should be examined separately, is not an omnibus bill.

I am not convinced by the explanation given by the Minister of Finance. I do not think the House or Canadians are either. They are not being fooled. This government, which promised to be more transparent and more accountable, is failing its first test miserably.

I would like to end my speech by talking about a point that was raised by one of my Conservative colleagues, and that is the fact that this bill repeals an entire law, the Federal Balanced Budget Act. I will admit that we did not particularly like that law, but the way the Liberals have chosen to repeal it is highly reprehensible. They are retroactively repealing an act that is currently in force and that, as of June 1, they will technically be violating.

Apparently that is not a problem for them because they are just going to retroactively repeal the law. It will be like it never existed.

We live in a country governed by the rule of law. The government cannot and must not start changing laws retroactively to exempt themselves from them. However, that is exactly what this government has done twice in three weeks.

The government wants to repeal a law, but as we are debating whether to repeal it, the act may have already been violated and the case could end up before the courts. That is completely at odds with the principles of a country governed by the rule of law and the principles of the rule of law.

For all of those reasons and others that I do not have time to get into, even though I hope to have the opportunity to answer questions from my colleagues, I move:

That the motion be amended by deleting all the words after the words “since the bill” and substituting the following:

(a) is an omnibus bill that amends or repeals 35 acts and regulations, that retroactively repeals an act of Parliament, and that contains a bill that has already been introduced in the House;

(b) breaks the promise to lower taxes for small businesses;

(c) does not significantly improve access to employment insurance; and

(d) contains significant changes to benefits for veterans, changes to the guaranteed income supplement for seniors, and a new banking regulation without any review or proper parliamentary debate.

Budget Implementation Act, 2016, No. 1Government Orders

May 5th, 2016 / 11 a.m.
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NDP

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

Mr. Speaker, I would like to thank the Minister of Finance for his speech.

The fact that this is an omnibus bill has been raised a number of times in the House. The government denies it. However, O'Brien and Bosc's House of Commons Procedure and Practice, our bible of parliamentary procedure, indicates that an omnibus bill “seeks to amend, repeal or enact several Acts...”.

This 179-page bill amends 35 laws.

O'Brien and Bosc goes on to say that an omnibus bill “is made up of a number of related but separate initiatives”.

The word “initiatives” is an improvement over the previous definition and clarifies the situation.

This bill rolls an entire government bill, Bill C-12, into one measure. This bill contains an entire section on an extremely complex and important measure on the recapitalization of banks. There are measures that affect 35 different laws and nine different departments.

The minister claims that this is not an omnibus bill and that the committee and the House are not being prevented from conducting an in-depth study. How then does he define an omnibus bill? How does his definition differ from the definition in O'Brien and Bosc?

Canadian Forces Members and Veterans Re-establishment and Compensation ActRoutine Proceedings

March 24th, 2016 / 10:10 a.m.
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Calgary Centre Alberta

Liberal

Kent Hehr LiberalMinister of Veterans Affairs