Bill C-44 (Historical)

Budget Implementation Act, 2017, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures

Part 1 implements certain income tax measures proposed in the March 22, 2017 budget by
(a) eliminating the investment tax credit for child care spaces;
(b) eliminating the deduction for eligible home relocation loans;
(c) ensuring that amounts received on account of the caregiver recognition benefit under the Veterans Well-being Act are exempt from income tax;
(d) eliminating tax exemptions of allowances for members of legislative assemblies and certain municipal officers;
(e) eliminating the tax exemption for insurers of farming and fishing property;
(f) eliminating the additional deduction for gifts of medicine;
(g) replacing the existing caregiver credit, infirm dependant credit and family caregiver tax credit with the new Canada caregiver credit;
(h) eliminating the public transit tax credit;
(i) ensuring certain costs related to the use of reproductive technologies qualify for the medical expense tax credit;
(j) extending the list of medical practitioners that can certify eligibility for the disability tax credit to include nurse practitioners;
(k) extending eligibility for the tuition tax credit to fees paid for occupational skills courses at post-secondary institutions and taking into account such courses in determining whether an individual is a qualifying student under the Income Tax Act;
(l) extending, for one year, the mineral exploration tax credit for flow-through share investors;
(m) eliminating the tobacco manufacturers’ surtax;
(n) permitting employers to distribute T4 information slips electronically provided certain conditions are met; and
(o) delaying the repeal of the provisions related to the National Child Benefit supplement in the Income Tax Act.
Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 22, 2017 budget by
(a) adding naloxone and its salts to the list of GST/HST zero-rated non-prescription drugs that are used to treat life-threatening conditions;
(b) amending the definition of “taxi business” to require, in certain circumstances, providers of ride-sharing services to register for the GST/HST and charge GST/HST in the same manner as taxi operators; and
(c) repealing the GST/HST rebate available to non-residents for the GST/HST that is payable in respect of the accommodation portion of eligible tour packages.
Part 3 implements certain excise measures proposed in the March 22, 2017 budget by
(a) adjusting excise duty rates on tobacco products to account for the elimination of the tobacco manufacturers’ surtax; and
(b) increasing the excise duty rates on alcohol products by 2% and automatically adjusting those rates annually by the Consumer Price Index starting in April 2018.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Special Import Measures Act to provide for binding and appealable rulings as to whether a particular good falls within the scope of a trade remedy measure, authorities to investigate and address the circumvention of trade remedy measures, consideration of whether a particular market situation is rendering selling prices in an exporting country unreliable for the purposes of determining normal values and the termination of a trade remedy investigation in respect of an exporter found to have an insignificant margin of dumping or amount of subsidy.
Division 2 of Part 4 enacts the Borrowing Authority Act, which allows the Minister of Finance to borrow money on behalf of Her Majesty in right of Canada with the authorization of the Governor in Council and provides for the maximum amount of certain borrowings. The Division amends the Financial Administration Act and the Hibernia Development Project Act to provide that the applicable rate of currency exchange quoted by the Bank of Canada is its daily average rate. It also amends the Financial Administration Act to allow that Minister to choose a rate of currency exchange other than one quoted by the Bank of Canada. Finally, it makes a consequential amendment to the Budget Implementation Act, 2016, No. 1.
Division 3 of Part 4 amends the Canada Deposit Insurance Corporation Act and the Bank Act to
(a) specify that one of the objects of the Canada Deposit Insurance Corporation is to act as the resolution authority for its member institutions;
(b) require Canada’s domestic systemically important banks to develop, submit and maintain resolution plans to that Corporation; and
(c) provide the Superintendent of Financial Institutions greater flexibility in setting the requirement for domestic systemically important banks to maintain a minimum capacity to absorb losses.
Division 4 of Part 4 amends the Shared Services Canada Act in order to permit the Minister responsible for Shared Services Canada to do the following, subject to any terms and conditions that that Minister specifies:
(a) delegate certain powers given to that Minister under that Act to an “appropriate Minister”, as defined in section 2 of the Financial Administration Act; and
(b) authorize in exceptional circumstances a department to obtain a particular service other than from that Minister through Shared Services Canada, including by meeting its requirement for that service internally.
Division 5 of Part 4 authorizes a payment to be made out of the Consolidated Revenue Fund to the Canadian Institute for Advanced Research to support a pan-Canadian artificial intelligence strategy.
Division 6 of Part 4 amends the Canada Student Financial Assistance Act to expand eligibility for student financial assistance under that Act to include persons registered as Indians under the Indian Act, whether or not they are Canadian citizens, permanent residents or protected persons. It also amends the Canada Education Savings Act to permit the primary caregiver’s cohabiting spouse or common-law partner to designate a trust to which is to be paid a Canada Learning Bond or an additional amount of a Canada Education Savings grant and to apply to the Minister for the waiver of certain requirements of that Act or the regulations to avoid undue hardship. It also amends that Act to provide rules for the payment of an additional amount of a Canada Education Savings grant in situations where more than one trust has been designated.
Division 7 of Part 4 amends the Parliament of Canada Act to provide for the Parliamentary Budget Officer to report directly to Parliament and to be supported by an office that is separate from the Library of Parliament and to provide for the appointment and tenure of the Parliamentary Budget Officer to be that of an officer of Parliament. It expands the Parliamentary Budget Officer’s right of access to government information, clarifies the Parliamentary Budget Officer’s mandate with respect to the provision of research, analysis and costings and establishes a new mandate with respect to the costing of platform proposals during election periods. It also makes consequential amendments to certain Acts.
This Division also amends the Parliament of Canada Act to provide that the meetings of the Board of Internal Economy of the House of Commons are open, with certain exceptions, to the public.
Division 8 of Part 4 amends the Investment Canada Act to provide for an immediate increase to $1 billion of the review threshold amount for certain investments by WTO investors that are not state-owned enterprises. In addition, it requires that the report of the Director of Investments on the administration of that Act also include Part IV.‍1.
Division 9 of Part 4 provides funding to provinces for home care services and mental health services for the fiscal year 2017–2018.
Division 10 of Part 4 amends the Judges Act to implement the Response of the Government of Canada to the Report of the 2015 Judicial Compensation and Benefits Commission. It provides for the continued statutory indexation of judicial salaries, an increase to the salaries of Federal Court prothonotaries to 80% of that of a Federal Court judge, an annual allowance for prothonotaries and reimbursement of legal costs incurred during their participation in the compensation review process. It also makes changes to the compensation of certain current and former chief justices to appropriately compensate them for their service and it makes technical amendments to ensure the correct division of annuities and enforcement of financial support orders, where necessary. Finally, it increases the number of judges of the Court of Queen’s Bench of Alberta and the Yukon Supreme Court and increases the number of judicial salaries that may be paid under paragraph 24(3)‍(a) of that Act from thirteen to sixteen and under paragraph 24(3)‍(b) from fifty to sixty-two.
Division 11 of Part 4 amends the Employment Insurance Act to, among other things, allow for the payment of parental benefits over a longer period at a lower benefit rate, allow maternity benefits to be paid as early as the 12th week before the expected week of birth, create a benefit for family members to care for a critically ill adult and allow for benefits to care for a critically ill child to be payable to family members.
This Division also amends the Canada Labour Code to, among other things, increase the maximum length of parental leave to 63 weeks, extend the period prior to the estimated date of birth when the maternity leave may begin to 13 weeks, create a leave for a family member to care for a critically ill adult and allow for the leave related to the critical illness of a child to be taken by a family member.
Division 12 of Part 4 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to, among other things,
(a) specify to whom career transition services may be provided under Part 1 of the Act and authorize the Governor in Council to make regulations respecting those services;
(b) create a new education and training benefit that will provide a veteran with up to $80,000 for a course of study at an educational institution or for other education or training that is approved by the Minister of Veterans Affairs;
(c) end the family caregiver relief benefit and replace it with a caregiver recognition benefit that is payable to a person designated by a veteran;
(d) authorize the Minister of Veterans Affairs to waive the requirement for an application for compensation, services or assistance under the Act in certain cases;
(e) set out to whom any amount payable under the Act is to be paid if the person who is entitled to that amount dies before receiving it; and
(f) change the name of the Act.
The Division also amends the Pension Act and the Department of Veterans Affairs Act to remove references to hospitals under the jurisdiction of the Department of Veterans Affairs as there are no longer any such hospitals.
Finally, it makes consequential amendments to other Acts.
Division 13 of Part 4 amends the Immigration and Refugee Protection Act to
(a) provide that a foreign national who is a member of a certain portion of the class of foreign nationals who are nominated by a province or territory for the purposes of that Act may be issued an invitation to make an application for permanent residence only in respect of that class;
(b) provide that a foreign national who declines an invitation to make an application in relation to an expression of interest remains eligible to be invited to make an application in relation to the same expression of interest;
(c) authorize the Minister to give a single ministerial instruction that sets out the rank, in respect of different classes, that an eligible foreign national must occupy to be invited to make an application;
(d) provide that a ministerial instruction respecting the criteria that a foreign national must meet to be eligible to be invited to make an application applies in respect of an expression of interest that is submitted before the day on which the instruction takes effect;
(e) authorize the Minister, for the purpose of facilitating the selection of a foreign national as a member of a class or a temporary resident, to disclose personal information in relation to the foreign national that is provided to the Minister by a third party or created by the Minister;
(f) set out the circumstances in which an officer under that Act may issue documents in respect of an application to foreign nationals who do not meet certain criteria or do not have the qualifications they had when they were issued an invitation to make an application; and
(g) provide that the Service Fees Act does not apply to fees for the acquisition of permanent residence status or to certain fees for services provided under the Immigration and Refugee Protection Act.
Division 14 of Part 4 amends the Employment Insurance Act to broaden the definition of “insured participant”, in Part II of that Act, as well as the support measures that may be established by the Canada Employment Insurance Commission. It also repeals certain provisions of that Act.
Division 15 of Part 4 amends the Aeronautics Act, the Navigation Protection Act, the Railway Safety Act and the Canada Shipping Act, 2001 to provide the Minister of Transport with the authority to enter into agreements respecting any matter for which a charge or fee could be prescribed under those Acts and to make related amendments.
Division 16 of Part 4 amends the Food and Drugs Act to give the Minister of Health the authority to fix user fees for services, use of facilities, regulatory processes and approvals, products, rights and privileges that are related to drugs, medical devices, food and cosmetics. It also gives that Minister the authority to remit those fees, to adjust them and to withhold or withdraw services for the non-payment of them. Finally, it exempts those fees from the Service Fees Act.
Division 17 of Part 4 amends the Canada Labour Code to, among other things,
(a) transfer to the Canada Industrial Relations Board the powers, duties and functions of appeals officers under Part II of that Act and of referees and adjudicators under Part III of that Act;
(b) provide a complaint mechanism under Part III of that Act for employer reprisals;
(c) permit the Minister of Labour to order an employer to determine, following an internal audit, whether it is in compliance with a provision of Part III of that Act and to provide the Minister with a corresponding report;
(d) permit inspectors to order an employer to cease the contravention of a provision of Part III of that Act;
(e) extend the period with respect to which a payment order to recover unpaid wages or other amounts may be issued;
(f) impose administrative fees on employers to whom payment orders are issued; and
(g) establish an administrative monetary penalty scheme to supplement existing enforcement measures under Parts II and III of that Act.
This Division also amends the Wage Earner Protection Program Act to transfer to the Canada Industrial Relations Board the powers, duties and functions of adjudicators under that Act and makes consequential amendments to other Acts.
Division 18 of Part 4 enacts the Canada Infrastructure Bank Act, which establishes the Canada Infrastructure Bank as a Crown corporation. The Bank’s purpose is to invest in, and seek to attract private sector and institutional investment to, revenue-generating infrastructure projects. The Act also provides for, among other things, the powers and functions of the Bank, its governance framework and its financial management and control, allows for the appointment of a designated Minister, and provides that the Minister of Finance may pay to the Bank up to $35 billion and approve loan guarantees. Finally, this Division makes consequential amendments to the Access to Information Act, the Financial Administration Act and the Payments in Lieu of Taxes Act.
Division 19 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things, expand the list of disclosure recipients to include the Department of National Defence and the Canadian Armed Forces and to include beneficial ownership information as “designated information” that can be disclosed by the Financial Transactions and Reports Analysis Centre of Canada. It also makes several technical amendments to ensure that the legislation functions as intended and to clarify certain provisions, including the definition of “client” and the application of that Act to trust companies.
Division 20 of Part 4 enacts the Invest in Canada Act. It also makes consequential and related amendments to other Acts.
Division 21 of Part 4 enacts the Service Fees Act. The Act requires responsible authorities, before certain fees are fixed, to develop fee proposals for consultation and to table them in Parliament. It also requires that performance standards be established in relation to certain fees and that responsible authorities remit those fees when the standards are not met. It adjusts certain fees on an annual basis in accordance with the Consumer Price Index. Furthermore, it requires responsible authorities and the President of the Treasury Board to report on fees. This Division also makes a related amendment to the Economic Action Plan 2014 Act, No. 1 and terminological amendments to other Acts and repeals the User Fees Act.

Motions in amendment

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Mr. Speaker, I would like to commend you for reading that long list of amendments.

The situation is critical. Bill C-44 is a mammoth bill, an omnibus bill. It is 308 pages long, amends 47 existing federal laws, and creates five new ones. It covers a whole host of areas. The governing party promised to bring an end to the use of mammoth or omnibus bills, but here we are again. It does not make any sense. Improving legislation takes a lot of debate and a lot of work so that any changes do not infringe on other jurisdictions. This is not the way that things should be done, and I find it very unfortunate.

Clause 18 of Bill C-44 creates the Canada infrastructure bank, which is also being called the infrastructure privatization bank because that is what it does. We are against the creation of this bank.

As proposed, the infrastructure bank or infrastructure privatization bank is completely at odds with the Liberals' election promise. They said that they were going to create an infrastructure bank that would give municipalities a line of credit so that they could build public infrastructure for less. The Liberals changed their minds. They said that this line of credit or assistance would be for private companies and the financial sector, starting with Bay Street.

There is an incestuous relationship between the government and the Bay Street financial lobby. I think that is deplorable. We have seen it in a whole raft of bills and decisions.

Last fall, in Bill C-29, the Liberals tried to make Bay Street exempt from the Quebec Consumer Protection Act. That measure was hidden away in a mammoth bill. We managed to get the government to back down on that, but it did so only at the last minute.

What is happening now with Bill C-44 is even worse. I would need a lot of time to cover everything in this bill that should be changed. The situation being critical, I will concentrate on the main problem, a game-changing move that gives private investors on Bay Street and even from abroad an incredible, impossible advantage: the power to circumvent provincial laws, Quebec laws, and municipal regulations.

As it stands, with Bill C-44, we are no longer masters in our own house. This is unbelievable. This cannot be happening. Why? Because, in Bill C-44, the government is giving agent of the crown status to the infrastructure privatization bank along with all of the projects it handles, even the ones that are entirely private. That is no small thing. It means that private investment will enjoy all the privileges and immunities of government and be able to circumvent Quebec's laws and municipal regulations. This makes no sense. This part of the bill must be removed, and that is the subject of my speech this morning.

More specifically, in subsection 5(4) of the future Canada infrastructure bank act, this is stated in legal terms that seem fine at first glance:

The Bank is not an agent of Her Majesty in right of Canada, except when

(a) giving advice about investments in infrastructure projects to ministers of Her Majesty in right of Canada, to departments, boards, commissions and agencies of the Government of Canada and to Crown corporations as defined in subsection 83(1) of the Financial Administration Act;

(b) collecting and disseminating data in accordance with paragraph 7(1)?(g); (c) acting on behalf of the government of Canada in the provision of services or programs, and the delivery of financial assistance, specified in paragraph 18(h); and

This is already confusing, but it gets works in paragraph (d), which states:

(d) carrying out any activity conducive to the carrying out of its purpose that the Governor in Council may, by order, specify.

That is really quite something. This means that, by order in council, the government can give the infrastructure privatization bank the status of agent of the crown, thereby allowing it to operate outside of provincial laws and municipal bylaws. That must be removed from the bill, because it makes no sense whatsoever.

Worse still, according to paragraph 18(c), the privileges granted to the bank can be extended to completely private projects that go through it. That paragraph gives the bank the power to:

...acquire and deal with as its own any investment made by another person.

The privileges of the crown, which allow the government to be above everyone else, would be given to the infrastructure privatization bank, which could then use those privileges to give priority to any project it wants. As a result, foreign investors such as BlackRock, Asian investment firms, or Toronto banks could decide to build a bridge, a water system, or an oil pipeline, and those projects would not be subject to our laws. That is what the bill does. It is a major power grab. For the first time, elected members of Parliament are going to delegate to the government the power to grant crown agent status to the projects that it wants. We would be giving projects a power that we have here. That is unacceptable and must not happen.

Yesterday, constitutional expert Patrick Taillon gave a wonderful presentation in this regard before the Standing Senate Committee on National Finance. We consulted five legal experts, four of whom are constitutional experts, and they all agree. They say that the wording of that part of Bill C-44 raises serious concerns. One constitutional expert even said that the wording was making investors uncomfortable because they think that the legislation might be deemed unconstitutional and challenged in court. Investors would therefore be reluctant to invest in the bank with the wording as it now stands. Of course, if that were to happen, it would be fine with us, since we are against this infrastructure privatization bank. In short, this bill is poorly written and must be clarified.

In the past, the courts have deemed that Quebec laws were not applicable to federal projects, or at least that they applied as long as they had no effect. For example, in the case of energy east, Quebec laws have no bearing on the route, but they can affect the colour of the pipeline. That makes no sense.

When it comes to installing cell towers, we see that there is no compliance with municipal regulations. As for Canada Post and its mailboxes, we saw Denis Coderre, the mayor of Montreal and a former Liberal MP, take a jackhammer to the base on which the mailboxes were to be installed. However, officially, we have no power over that.

Federal infrastructure currently represents only 2% of Canada's infrastructure. However, this infrastructure bank could change things because private funding has a leverage effect. As for crown agent status, it makes no sense. We remember the expropriation of 40,000 hectares for Mirabel and Forillon National Park, among others. This must change.

A number of Quebec laws will go out the window because of Bill C-44. One of those laws is the Environment Quality Act. This means that the BAPE will no longer be able to hold public consultations. Another is the Act respecting the Preservation of Agricultural Land and Agricultural Activities. Quebec is large in terms of land mass but has relatively little arable land. Land use plans, urbanization plans, zoning regulations, and basically all of the infrastructure financed by the infrastructure bank would be exempt from these laws. We will no longer be masters in our own house.

At the Senate committee, the Minister of Finance said there was no link between the government and the infrastructure bank. He clarified that by saying that the bank would operate at arm's length from the government. That is what he said, but according to the constitutional experts we consulted, that is not what is written here. That is why the minister must clarify his intention and state it clearly in the act so that this bill does not end up before the Supreme Court for years, casting the whole thing into legal limbo.

The same goes for PMO spokesperson Olivier Duchesneau, who wrote this to Michel Girard of the Journal de Montréal:

Projects in which the bank invests will be subject to provincial and municipal laws and regulations. Projects financed by the bank will certainly not be exempt from zoning regulations or provincial environmental reviews such as the BAPE.

If that is indeed the government's intention, it must amend the bill now because that is not how it reads. We are going to run into problems. This is a major power grab.

Speaker's Ruling

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

There are 113 motions in amendment standing on the Notice Paper for the report stage of Bill C-44.

Motion No. 87 will not be selected by the Chair as it requires a royal recommendation.

All remaining motions 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 the report stage.

Motions number 1 to 86 and 88 to 113 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 86 and 88 to 113 to the House.

The House proceeded to the consideration of Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures, as reported (with amendment) from the committee.

Bill C-44

[Monique Pauzé, Bloc, Repentigny, QC]

Mr. Speaker, on Tuesday, during the Standing Committee on Finance's clause-by-clause consideration of Bill C-44, I presented an amendment that the committee chair ruled inadmissible. Since the Standing Orders do not recognize us as members of the committee, I was not allowed to dispute the chair's ruling. I was not even able to ask the committee to overturn the ruling. That is how our parliamentary rules treat members of non-recognized parties.

The chair of the Standing Committee on Finance justified his decision on the grounds that it would have broadened the scope of the bill, thereby extending the charge on the public treasury. We disagree. Here is why. The employment insurance fund is no longer part of the consolidated revenue fund. It is managed at arm's length, so there is no burden on the treasury.

Furthermore, my amendment would not broaden the scope of the bill or the benefits. It is not a new benefit. It merely extends the qualifying period, much as Bill C-44 does anyway.

Bill C-44 makes it possible to go back further than 52 weeks when it comes to sick leave, preventive withdrawal, or compassionate leave, but not in the case of parental leave. This bill makes changes to the employment insurance program regarding maternity leave and seeks to increase the number of weeks a woman is eligible for benefits during her maternity leave. What happens, though, when the mother loses her job during her maternity leave or just a few days later? She will be penalized.

The current EI system penalizes women who lose their jobs right after giving birth. This government, which claims to be a feminist government, has been aware of this situation for at least a year, and yet it does nothing. It continues to allow women who lose their jobs to be penalized by the EI system, which it refuses to change.

Our amendment has only one purpose, that is, to protect mothers and children when the moms lose their jobs. Imagine a single mother who has just had a baby and then loses her job. That is truly heartbreaking.

I would ask you, Mr. Speaker, to allow me to debate this amendment today on behalf of women. I am sure you understand how difficult it can be for women who find themselves in these situations, but I also understand that it is not up to you to change the rules of the House.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon, we will continue debate on the Conservative's opposition motion. This evening, we will proceed with Bill C-45, the cannabis act, at second reading.

Tomorrow morning, we will commence report stage of Bill C-44, the budget. In the afternoon, we will return to Bill C-45.

Our hope for Monday and Tuesday is to send Bill C-45 to committee, and also to deal with report stage of Bill C-44. Other bills for next week include the Senate amendments to Bill C-6, the Citizenship Act; and Bill S-3, provided the bill is passed by the Senate.

Should time permit, we would also like some debate on Bill C-49, transportation modernization; and Bill C-24, to amend the Salaries Act.

We have had a conversation among House leaders. I look forward to continuing those conversations, and I will do my best to report to this House the information that I have, and we will do our best to work well together so that all members can do the good work that we are sent here to do.

Finance

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I have the honour to present, in both official languages, the 17th report of the Standing Committee on Finance in relation to Bill C-44, an act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures. The committee has studied the bill and has decided to report the bill back to the House with amendments.

I want to thank all members from all parties who did the work at committee in studying Bill C-44, the staff, the clerk, and all those involved. I believe many people have no idea of the many hours the finance committee met to go through the clause-by-clause study of the bill and to hear witnesses before that.

Cannabis Act

[David Lametti, Liberal, Parliamentary Secretary to the Minister of Innovation]

Mr. Speaker, I am very pleased to rise today to support this bill.

First, I would like to congratulate the Minister of Justice and her parliamentary secretaries, especially the hon. member for Scarborough Southwest, for all their work on this bill.

Bill C-45 is important legislation that delivers on a core commitment of our government, to introduce legislation to legalize and strictly regulate cannabis in order to keep it out of the hands of youth and to keep profits from gangs and illegal elements of society.

Bill C-45 would move Canada forward in addressing the health and social harms that result from the current failed approach to cannabis. It would help reduce the role that organized crime currently plays in the production and distribution of cannabis in Canada. In addition it would place our government in a better position to protect the health and safety of Canadians, particularly youth.

Last spring, our government established the task force on cannabis legalization and regulation. The task force was given a mandate to consult broadly across Canada with experts in law enforcement and public health, as well as with community groups and ordinary Canadians. Over 30,000 responses were received by the task force through an online consultation. In its final report, released this past December, the task force was clear that the current approach to cannabis was simply not working.

Canadians, both youth and adults, use cannabis at high rates. Many do so without fully understanding the associated risks. They obtain their cannabis illegally, to the benefit of organized crime. The products they obtain are often produced in dangerous environments, without any regard for quality or the health of the consumer.

The science is clear: there are risks associated with cannabis consumption. Although some people use cannabis for therapeutic purposes, it can pose a serious health risk, especially for young people.

We know that these risks notwithstanding, a portion of the Canadian population chooses to consume cannabis just as they engage in other behaviours that can be detrimental to their health.

The question for us, then, as parliamentarians is how best to mitigate these risks and better protect the health and well-being of Canadians.

Our government believes that the answer is not in continuing to criminalize the possession of small amounts of cannabis. Such a policy would only serve to compound its public health and safety risks. Instead, Canadians will be better served by adopting a public health approach. Such an approach would involve a controlled and strictly regulated system, with clear standards and requirements and backed with appropriate oversight and strong public education efforts. It is precisely this type of framework that Bill C-45 sets out to establish in Canada.

I will repeat that the consumption of cannabis is not without risks.

These risks have the potential to increase significantly, depending on a number of factors, including age at which use begins, frequency of use, duration of use, and the amount used. For example, youth are especially vulnerable, as their brains are still developing, and this health risk increases when they begin to use cannabis in early adolescence.

Particular health risks are also posed by illegally produced cannabis. Criminals do not worry about producing cannabis in a clean environment so that it is not contaminated with mould, bacteria, or heavy metals. They do not label their products to clearly communicate information about potency. They only care about making a profit and not getting caught.

Our government is serious about mitigating the risks and dangers of cannabis consumption. That is why an education campaign about cannabis for the general public is already under way.

Our government has adopted a proactive approach to education and public awareness by using social media to convey messages about drug-impaired driving and by inviting parents to have conversations with their children about drugs.

Through this public education campaign, our government is also addressing the issue of addiction. We want to enhance the knowledge that the public has about addiction to help Canadians understand the risks associated with cannabis use, especially for youth and other vulnerable populations. Our government also wants to provide Canadians with the information they need to make informed decisions about the choice to use cannabis.

Minimizing the harms and risks associated with cannabis use is also why Bill C-45 includes a number of powers that would allow our government to regulate the legal market. Under the bill, the Minister of Health would have the power to set regulatory requirements to address a broad range of health and safety issues. This includes requiring that cannabis be produced in a clean and sanitary environment and that it be appropriately packaged, with clear information on the label with regard to product potency and important health information.

Until now, my comments have focused on the effects of cannabis on health, and I explained how a public health approach would be better for mitigating those risks.

However, I now want to talk about how the existing approach to cannabis poses a unique threat to public health and safety. The existing approach aggravates the risks of cannabis because it creates a dynamic in which Canadians who decide to use cannabis are forced to do business with criminals, some of whom may have ties to organized crime. That exposes Canadians to the risk of violence and other criminal activities, including illegal drugs that are even more harmful than cannabis.

There is also a danger posed by large illegal grow operations, including those that are found in suburban neighbourhoods. This underground illegal activity can result in serious public health and safety issues, including explosions, fires, and damage to property.

Concern about these public health and public safety risks is shared by many Canadians, which is why our government is moving forward with its commitment to legalize and strictly regulate cannabis within a co-operative framework with the provinces, territories, and municipalities.

By introducing Bill C-45, our government is making Canadians' health and safety a top priority, as demonstrated by the fact that the very essence of this bill is based on a public health approach.

The regulatory measures set out in Bill C-45 are consistent with the recommendations made by the working group. They seek to better protect Canadians from the health and safety risks associated with marijuana, restrict access to cannabis, particularly for young people, and reduce the profits generated by the black market.

Bill C-45 would put strict rules in place across the entire commercial supply chain for cannabis production, distribution, and retail sales. It would provide the government with the ability to strictly regulate the safety and quality of cannabis products and to place limits on its promotion, packaging, and labelling in order to reduce its appeal to youth.

With this bill, our government will also put in place a seed to sale tracking system in order to monitor cannabis products as they pass from one stage to another in the supply chain, from the growing of marijuana to its retail sale. This system will prevent cannabis from being diverted to an illicit market and prevent illegal cannabis from entering the legal supply chain. The system will also make it possible to order the recall of products and remove them from the market.

Bill C-45 proposes a comprehensive approach for the oversight and control of cannabis that would provide Canadians with access to a legal source of cannabis that is strictly regulated for safety and quality. As with all products regulated in Canada, including food, medicine, and consumer products, Canadians should be able to have access to cannabis that they know meets minimum standards for safety and quality.

Colleagues, by establishing a robust regulatory framework for legal access to cannabis, supported by a strong public education and awareness campaign, Bill C-45 provides an opportunity for Canada to significantly reduce these risks and to better protect its youth.

My three children are 20, 18, and 16, so I deal with this challenge every day. I sincerely believe that this science-based, evidence-based bill is the best way to regulate and control cannabis.

Motion that debate be not further adjourned

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Mr. Speaker, I appreciate the House leader's availability here. She mentioned Bill C-44, the budget implementation act. That just came off the finance committee. Liberal members did not even defend their own legislation as amendments were put up by opposition members.

She said that we are all here to represent our communities. We are actually all here to hold the government to account, and if we are not members of the executive of the government, then it is our job to come in and talk about the issues of the day. By not allowing opposition days, the ability for us to hear from their backbench on what they think the issue is, she is actually not just demoting the opposition's ability to raise issues; she is actually diminishing the ability of her own members. Does she not recognize that by giving us less time than government business she is actually hurting her own members' ability to stand up and talk about a record that she may or may not have?

Does she agree that by not allowing an equal amount of debate, she is not allowing her own members of Parliament to stand up in this place and enter debate?

[Bardish Chagger, Liberal, Waterloo, ON]

Mr. Speaker, I appreciate the member confirming for the record that all members work hard in this place and that this place belongs to Canadians. That is exactly who we are here to represent. That is exactly the commitment we made to Canadians. That is why we encourage meaningful debate, and that is why we encourage all members to share the views of their constituents so that we can ensure it is good legislation that is advancing.

In the previous Parliament, when the government decided to extend sittings in June 2014, Liberal members supported that motion. None of us are strangers to hard work. We know that Canadians work hard, and we need to work hard for them.

Let us talk really quickly about some of the important pieces of legislation that we will be advancing by extending hours. We are talking about Bill C-44, which implements our budget 2017. The bill is about creating good middle-class jobs today while preparing Canadians for the jobs of tomorrow. I am sure the member will agree that is important work we all need to do together.

There is Bill C-25, which encourages federally regulated companies to promote gender parity on boards of directors and to publicly report on the gender balance on boards, and Bill C-24, which was referred to earlier and seeks to formalize equal status among the ministerial team and level the playing field to ensure a one-tier ministry, that a minister is a minister, recognizing the important work they do.

The list goes on, but I will respect that other members have questions to which I look forward to responding.

Infrastructure

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, hiding small sentences that weaken Quebec in mammoth bills is becoming the Liberal government's specialty.

Paragraph 5(4)(d) of the part of Bill C-44 on the infrastructure bank says that the government can order that the bank be an agent of the crown.

Why give a private investment fund the power to circumvent provincial and municipal laws? Are wealthy Bay Street investors more important to this government than Quebeckers?

[The Chair, Liberal, Wayne Easter]

Many strange things happen in government.

Is there any further discussion? We have unanimous consent to vote on clauses 451 to 457 as a block. Are there any further questions on any of those sections?

(Clauses 451 to 457 inclusive agreed to: yeas 5; nays 4)

Thank you, Mr. Ermuth and Ms. Meilleur. You can get back to us with that information, if you would. Thank you.

In Bill C-44, shall schedule 1 carry?

(Schedule 1 agreed to on division)

Shall schedule 2 carry?

(Schedule 2 agreed to on division)

Shall the short title carry?

Electoral Reform

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Madam Speaker, I am pleased to be able to speak to this issue.

I want to thank the government for letting us know that this debate was taking place. It would have been nice, however, if the party that actually initiated the debate, the NDP, had given us the information. I suppose they can try to do better next time.

That being said, the current system poses a significant problem in that it gives rise to a major discrepancy between the votes that are cast during the election and the degree of power obtained by the parties and the proportion of members from each party who are then elected. That is why it should go without saying that the electoral system should be reformed to make it more proportional.

The current system worked very well when we were a two-party system and alternated between the two parties represented in the House. That is why the House is set up the way it is. We do not sit in a semi-circle, which would promote greater collegiality. Rather, there are rows of benches on both sides and people face off against each other. This was designed around a two-party system.

However, that is no longer the reality we are seeing today. There are five parties in this House alone. The current system is outdated, which is why, when I read the Liberal Party's election promise to reform the voting system, I assumed right away that the reason for that was to deal with the situation, because it had to be done. That goes without saying.

That is also why the Special Committee on Electoral Reform was established. Thanks to the NDP's initiative, the member of the Green Party and one member from the Bloc Québécois were able to sit on the special committee. The House agreed, and I applaud that initiative. I had the opportunity to be on the committee during the tours, and I can tell you that we worked hard. We did not sleep much, because we had a very full schedule and it was very intense. There were a lot of trips and meetings. We learned a lot from that experience. The consensus that emerged from the consultations was the desire to reform the voting system in order to reduce the gap between the percentage of votes cast and the percentage of seats obtained. That must be done, because there truly is a consensus on that.

The committee worked hard on this matter and was thus able present a very interesting brief. What really surprises me, however, is that the Liberal Party members on the committee were opposed to it. It is rare for there to be such cooperation, but it is still a fundamental question. We received approval from the Conservative Party, NDP, Green Party and even Bloc Québécois members. In fact, there was such agreement regarding the committee’s report, that we did not even prepare a dissenting report. Throughout the consultations, the Liberal members seemed to support the direction we were taking, which is why I was so disappointed to see them reverse their position.

During consultations, the Minister of Democratic Institutions stated that she trusted the committee, that she was confident that it would produce a good report, and that we would move ahead. Every time we asked her a question in the House about her desire to reform the voting method to add an element of proportionality, she sang the same old tune, that is, until she saw the direction the committee was taking with its report. She then began speaking harshly of the committee’s work. She apologized later on, but by that time the cat was out of the bag: things were not going the way the Liberal Party wanted. They were in line with its election promise, and that would not do.

That is when the government disavowed the report. The Prime Minister shuffled his cabinet and appointed a new minister, who disavowed everything—the promise as well as the report's findings. This great deception can only fuel the public’s cynicism.

In the House, voters who vote for small parties are discriminated against, because the proportion of elected members from the small parties is smaller than the proportion of votes that they received. I would like to note another discrimination against people who vote for small parties.

The discrimination is two-fold. Voters who vote for those small parties are not as well represented in the House. They often make strategic choices to not vote for the small parties because they tell themselves that, although the small party represents them better, the voting system means that their candidate is less likely to be elected.

The other type of discrimination concerns the fact that there are two types of members in the House. Indeed, parties with fewer than 12 elected members in the House, like my colleague from Saanich–Gulf Islands's Green Party and my own, fall into a second category, one that is truly discriminated against and in which members have fewer means to do their work than those from a recognized party. Discriminating against us in this way amounts to a breach of the rights of the voters who voted for us. In my opinion, that should be changed as soon as possible. Our current system goes against the very principles of democracy. I would therefore qualify it as undemocratic.

Allow me to give some examples. First, as members who are not part of a recognized group, we are excluded from committees. However, that is where the real work of improving legislation takes place. We can only take part at the very end of the process, to propose amendments that are quickly debated before being rejected or not. If the chair finds our amendments to be out of order, we cannot respectfully tell him that we disagree with him, as we do not have a right to speak. We thus have fewer means of presenting the concerns of our fellow citizens. For example, the Bloc Québécois addresses matters and interests of Quebec, and we would like to be able to promote them in the House, as we find that they are not properly addressed by the other parties in the House. That is our specific task, and yet we cannot perform it.

The committee is currently finishing up with Bill C-44, a mammoth 308-page bill that affects several departments. We cannot be heard in the way other parties can. The committee analysts stated that it was a very complex bill, and they undertook a major, clause-by-clause analysis. We requested access to their report, but it was refused because we are not on the committee.

We are not on the committee and we do not have access to documents prepared by the analysts, which further pushes us aside. As well, since we are not a recognized party, we are not given the funds to hire researchers. Clearly, the government has access to civil servants in all departments, which gives it quite an advantage. The official opposition more than $10 million a year to hire researchers to conduct analyses. Ten million dollars is a good amount of money. The second opposition party, I believe, is entitled to $4 million. We are not entitled to anything. We do not even have access to committee reports. Our evenings, nights and weekends are spent poring through documents.

When it tables mammoth reports and bills, the government breaks another of its election promises. That gives us more work. It is quite hard to get through all that and find all the hidden elements. One element of Bill C-44 aims to eliminate private members’ access to the parliamentary budget officer. As tabled in the House, Bill C-44 would no longer allow us to submit requests to the parliamentary budget officer regarding subjects of general interest. Once again, we are facing further discrimination, which discriminates against voters who voted for a third party.

Fortunately, I presented an amendment to that effect this morning in committee. The process is nearing its end. We found a complete aberration in Bill C-44, one that would make the Infrastructure Bank and, even worse, all private projects that go through it, agents of the government. What an extremely regressive measure. Until now, the government had to use the notwithstanding clause, as in the case of the Champlain Bridge, to exempt infrastructure from Quebec laws, such as the Act respecting the Preservation of Agricultural Land and Agricultural Activities and the Environment Quality Act, among others. Now, projects will get green lighted on the government's say-so. That is serious.

We were handed this 308-page bill but were not given the documents made available to the recognized parties or any funding for research. Even so, by dint of hard work, we came up with something pretty good, and we are not through talking about this yet.

As second-class MPs, we are always the last to speak to bills before the House. We are 34th in line. In many cases, when the government uses closure, we get no speaking time at all. This is an extreme prejudice because we bring a perspective that nobody else here does. We represent the interests of Quebeckers. Every now and then, we get a chance to speak just before closure. This time, my Green Party colleague and friend from Saanich—Gulf Islands is the one being left out. This is a discriminatory measure.

During question period, we are always last. After 45 minutes, students and other people attending question period have heard enough, and since there is often a lot of commotion in the House, they leave before we even ask our questions. The same goes for journalists. We are yet again victims of discrimination.

Again, I want to point out that, because of the current voting system, the percentage of seats that went to small parties is much lower than the percentage of votes cast for those parties. That is one way we are discriminated against. The 12-member rule is another way we are discriminated against. We are second-class MPs.

I sincerely hope that these rules will be rewritten, especially because this convention is based on a house rule that says if a parliamentary group has at least 12 members, party officers, which means the leader, the House leader, the caucus chair, and the whip, get a bonus.

We do not care about bonuses. That is not what we are after. We agree that parties of fewer than 12 members should not get them. What we do want is to have the same opportunities as other members to properly defend the interests of our constituents.

This is especially shocking when you look at what they do in the rest of the world. This kind of thing does not happen anywhere else. For instance, at Westminster, only two members are needed to be recognized as a party and to have access to all the tools we are asking for. In Quebec, for example, Quebec Solidaire is given research tools. Actually, I want to take this opportunity to congratulate Gabriel Nadeau-Dubois on his win yesterday. To my knowledge, Canada is the only democracy in the world where such discrimination exists against the elected members of minority parties and therefore their constituents. That really needs to change.

As I was saying, what we want is respect for people who vote for smaller parties. I think the Liberal Party really cares about this principle, too. If we look back at the written works of John Stuart Mill, for example, the ideology of liberalism is very British and Anglo-Saxon. Ultimately, maybe the smaller groups are right and we should let them speak. This was a value that was held dear by the Liberal Party, and I hope it makes changes to reflect that.

As a final point, another absurdity in the Parliament of Canada is the fact that the other place is made up of individuals who are not elected, but rather appointed by the government, which only reinforces its power. While the upper chamber could serve to better represent the regions, instead it only reinforces the government's power. When I talk about the other place, of course I mean the Senate. As of a few years ago, we can now say the name of that chamber. I will end on that note.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

The much-touted reports that will be tabled, be they the reports on plans and priorities or the performance reports at the end of the fiscal year, will be tabled by the President of the Treasury Board. So we will find that among all the documents submitted by the president for all the departments and all the departmental agencies.

If I may, it will be sort of buried in all that documentation submitted by the President of the Treasury Board. However, with my proposal, there would be a completely separate report, tabled in the House by the minister on the 15th day after that report was received.

In my mind, the objective is to make this even more accessible to the public rather than making it part of a report on the performance of the Department of International Trade, among all the President of the Treasury Board's performance reports. That was the objective. I think it's important to see how my amendment is different from the usual procedure for agencies such as the one created by Bill C-44.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Thank you, Mr. Chair.

This is a golden opportunity for the Liberals. A little earlier, I said that they had a unique opportunity. This time, the Liberals have an incredible opportunity to add this to their discussion points: they will be able to say that they supported an opposition amendment to the budget bill C-44.

Actually, this amendment is not controversial at all. As you can see, in terms of clause 442 of the bill under our consideration, I propose that we add section 24 to the new Invest in Canada Act. The purpose of the amendment is to require that the Invest in Canada agency submit an annual report to the Minister of Finance or the Minister of Innovation, Science and Economic Development. The minister will be designated by the government. The minister will receive Invest in Canada's annual report and submit it to Parliament.

My amendment is as simple as that. It seeks to add the obligation of reporting to the minister every year on the agency's activities, as is the case for many institutions that report to Parliament every year through their minister. So it makes sense for this organization to prepare an annual report that will be tabled in the House and that will report on what it did the previous year. The report will then be available to parliamentarians and the public, who will be able to become familiar with it and study it. It is as simple as that.

So I don't see why my Liberal colleagues on the committee could reject the idea that Invest in Canada should do as many other federal agencies and table a report in Parliament every year to describe its activities from the previous years. That makes perfect sense. It's just an obligation similar to that of many other agencies. So I don't see why an amendment like that would be rejected.

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

Thank you, Ms. Block.

I want to thank the witnesses for being here.

I want to take another look at an issue that's very important to me. I know the witnesses spent a lot of time preparing their appearance before us. However, I need to follow up on a situation that occurred here the week before the break. The issue is as important as the one we're discussing today. I'm talking about the Canada Infrastructure Bank. The issue, which we studied here for only an hour and a half, involves $35 billion in public funds. That's taxpayers' money.

Madam Chair, I'm following up on the issue because, when I talked about it, you weren't here, unfortunately. I think you were directly linked to my dissatisfaction regarding this issue. I can take the opportunity to summarize the situation.

On Thursday, May 4, you received, on our behalf, a letter from the Standing Committee on Finance. The letter indicated the following:

The Standing Committee on Finance is currently studying the subject matter of Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures. Please find attached a series of motions adopted by the Standing Committee on Finance on Wednesday, May 3 ...

I'll skim over this part of the letter. It went on to say the following:

The motions that were adopted also invite your Committee, if it deems appropriate, to provide us with recommendations ...

Madam Chair, I want to specify that I'm currently talking about the motion I tabled. My colleagues across the way closed the debate on this motion, and I want to resume it. As the clerk explained, the second part of the motion was admissible.

Do people still need a copy of the letter?

If not, may I continue, Madam Clerk?