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

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

Sponsor

Bill Morneau  Liberal

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 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.

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 12, 2017 Passed 3rd reading and adoption of Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
June 6, 2017 Passed Concurrence at report stage of Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
June 6, 2017 Failed Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
June 6, 2017 Failed Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
June 6, 2017 Failed Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
June 6, 2017 Failed Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
June 6, 2017 Failed Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
June 6, 2017 Failed Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
June 6, 2017 Failed Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
June 6, 2017 Failed Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
June 6, 2017 Failed Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
June 6, 2017 Failed Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
June 6, 2017 Failed Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
June 5, 2017 Passed Time allocation for Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
May 9, 2017 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
May 9, 2017 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures, since the Bill, in addition to increasing taxes and making it more difficult for struggling families to make ends meet, is an omnibus bill that fails to address the government's promise not to use them.”.
May 9, 2017 Passed That, 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, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

May 29th, 2017 / 5:35 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

We do have in the act now that the minister shall cause to be tabled in Parliament within three years of when this section comes into force.... The minister is already going to do that. What we're saying is that when the minister reports to the House on how these new reviews of borrowing authorities are working, one of the things the minister will report on is the consultations with other parties in the House.

There's no downside here, honestly. As I said, it doesn't give any party in the House a veto, but it does create more of a role for the leaders of parties in the House to speak to the question of whether we think this is working well. There's nothing more fundamental for Parliament to review than how much in debt we're getting as a government. It's an attempt to make sure that this section that we're passing today—I assume we'll pass it in Bill C-44—is responsive to how parliamentarians feel this is working.

May 29th, 2017 / 5:30 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

I want to ask the witnesses here a question.

Clause 66 of Bill C-44 seeks to repeal subsections 69(3) and 69(5) of the Economic Action Plan 2014 Act, No. 1.

I didn't fully understand the interpretation. Can you shed light on the subject?

May 29th, 2017 / 4:55 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Thank you, Mr. Chair.

I just want to echo what my colleague said, to inform my colleagues across the way that the witnesses were perfectly clear on this issue. The experts disagreed on other issues, clauses or parts of the bill. However, in this case, their opinions were aligned. The witnesses were clear and specific. If my memory serves me correctly, the five witnesses before us all disagreed with these increases, particularly the increases that will be adjusted based on inflation.

I'm talking about clauses 42 and 43, which seek to increase, in line with inflation, the excise duties on beer. I'm talking about both clauses. My colleagues can support an increase in excise duties on beer once, on this occasion only. However, I urge them to reject clauses 42 and 43, which seek to adjust the increase in excise duties based on inflation.

I think this will be extremely harmful to the industry. It's not only my opinion. I'm echoing what the witnesses told the committee, in particular the beer industry representatives, who are obviously directly affected by clauses 42 and 43. Later, we'll talk about wines and spirits, which are covered further down in part 3 of the bill.

I want to point out that the witnesses were unanimous, especially when it came to the increases based on inflation. I implore my colleagues to reject this component of Bill C-44, because it will clearly harm the industry. It will impose tax increases indefinitely, for an indeterminate number of years. It will also create a constitutional issue, as indicated by the beer industry representatives. They said,

no taxation without representation.

This measure seeks to increase taxes indefinitely in future years, and Parliament won't even need to approve the increases each time. If we approve this measure today, the excise duties will keep increasing indefinitely. The parliamentarians will never again have the opportunity to vote on the matter, unless other amendments are made to the Excise Act, 2001. Therefore, I implore my colleagues to reject this indefinite increase. Their desire to support a relatively small increase in excise duties is understandable. However, the increase should be made only on this occasion. Please don't support an indefinite increase.

May 29th, 2017 / 4:40 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Thank you, Mr. Chair.

I do like to put on the record at every occasion when I am compelled by the motion passed by this committee to appear here that this actually reduces my rights as a member of Parliament and prevents me from making substantive amendments at report stage. By the use of identical motions in every committee, the rights I have under our current Standing Orders are reduced. I'm here at your insistence; otherwise, I couldn't put forward these amendments.

Parti vert 1 is dealing with a perverse subsidy, which is the mining income tax credit. It's being extended under this legislation. We in the Green Party don't believe that it should be extended. It will cost $30 million to the federal treasury to provide a tax credit. This tax credit was initially put in place before the previous administration under Stephen Harper, back in the year 2000. It essentially encourages junior mining companies to conduct exploration in places where there is less likelihood of actually discovering minerals. It's damaging to the environment.

It's also been found by other observers that on the investor side it really is used more for tax planning purposes, as a benefit for high-income taxpayers. It's been also seen administratively to have very high administrative and compliance costs.

In 2015 Maclean's magazine had a review on this. It suggested that this tax credit primarily benefited tax lawyers and accountants. My main reason for opposing it is it encourages mining activity for exploration in places where you don't have good geology but where you do have a good tax advantage. It's disrupting sensitive environments for purposes of a tax credit.

In the first amendment, Parti vert 1, we essentially delete the sections that you find on page 13 of Bill C-44 in clause 23. We delete the extension, which means that the tax credit would end in the year 2018, because the extension would not be brought forward.

Thank you, Mr. Chair. I hope our intention is clear.

May 29th, 2017 / 4:25 p.m.
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Liberal

The Chair Liberal Wayne Easter

I believe that ends all our divisions, so we can start on Bill C-44, the budget implementation act.

We will ask officials to come to the table. There are quite a number of officials here from Finance and other departments. If members have questions for officials at any time on any of these clauses, fire away.

Welcome and thank you, folks, for coming.

We will postpone clause 1, the short title, until we complete clause-by-clause.

On part 1, amendments to the Income Tax Act and to related legislation, we are looking at clauses 2 to 34. I would note there are no amendments to clauses 2 to 22. We would need unanimous consent to group clauses 2 to 22.

Do we have unanimous consent to group them? This will happen several times. No? You want to go through them one by one, Pierre.

(Clauses 2 to 5 agreed to on division sequentially)

(On clause 6)

Mr. Dusseault, the floor is yours.

May 29th, 2017 / 4:20 p.m.
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Director, Employment Insurance Part II Benefits & Measures, Employment Programs Policy & Design, Skills & Employment Branch, Department of Employment and Social Development

Duncan Shaw

Once the EI Act gets amended through the budget implementation act, the government, in order both to extend the new funds announced in the federal budget and to also then have the new eligibility in each province and territory, will need to sign amendments to those labour market development agreements.

May 29th, 2017 / 3:50 p.m.
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Liberal

The Chair Liberal Wayne Easter

I will call the meeting to order and thank folks for their patience while we were in camera for a few moments.

We're under the order of reference of May 9 on Bill C-44, an act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures. We're here to hear witnesses on various divisions that we didn't get through yet.

At our last session, we hadn't completed our questioning of those who were here from the office of infrastructure of Canada and the department: Mr. Campbell, assistant deputy minister; Mr. Fleming, chief, infrastructure, sectoral policy analysis, economic development and corporate finance branch; and Mr. Grover, senior policy analyst at the Canada infrastructure bank transition office.

Gentlemen, I think you had given a presentation and we were already into a series of questions, unless, Glenn, you have anything you want to add to start off.

Canada Infrastructure Bank—Speaker's RulingPrivilegeRoutine Proceedings

May 29th, 2017 / 3:40 p.m.
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Liberal

The Speaker Liberal Geoff Regan

I am now prepared to rule on the question of privilege raised on May 10, 2017, by the hon. member for Victoria concerning the government’s advertisement of job opportunities at the proposed Canada infrastructure bank.

I would like to thank the member for Victoria for having raised this matter, as well as the Parliamentary Secretary to the Government House Leader , the member for Perth—Wellington, and the member for South Surrey—White Rock for their interventions.

In presenting his case, the member for Victoria explained that the government had publicly launched the selection process for various positions at the proposed new Canada infrastructure bank before the bill creating the bank and its governance structure, Bill C-44, an act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures, had been passed by Parliament and received royal assent. In fact, he noted that the bill had passed only second reading in the House. Arguing that all new activities and the appropriation of associated funds require the authorization of Parliament before being acted upon, he considered the actions taken by the government to recruit for these positions to be a contempt of the House and a grave attack against the authority of Parliament.

In response, the parliamentary secretary to the government House leader agreed that the Canada infrastructure bank being proposed by Bill C-44 could not be established nor any associated funds spent until such time as the bill has been passed by Parliament. However, he added that the member for Victoria was making an assumption that the government was seeking to proceed prematurely, when, in fact, the government was simply proceeding with planning for the potential establishment of the bank. As proof of this, he cited the news release posted on Infrastructure Canada’s website which stated that the selection processes in question were subject to parliamentary approval.

As the charge being made by the member for Victoria is one of contempt, it is important to understand what constitutes contempt and, in doing so, what distinguishes contempt from privilege. House of Commons Procedure and Practice, Second Edition, at page 82, defines contempt as:

…other affronts against the dignity and authority of Parliament which may not fall within one of the specifically defined privileges.

It continues, and I quote:

Thus, the House also claims the right to punish, as a contempt, any action which, though not a breach of a specific privilege, tends to obstruct or impede the House in the performance of its functions; obstructs or impedes any Member or officer of the House in the discharge of their duties; or is an offence against the authority or dignity of the House, such as disobedience of its legitimate commands or libels upon itself, its Members, or its officers.

I might add, as many of my predecessors have, that it is possible to categorize the privileges of both the House and the individual privileges of members which are limited, whereas contempt cannot be catalogued and defined categorically.

It is within that framework that the Chair must now determine if, in advertising prospective positions at the proposed Canada infrastructure bank in advance of Parliament having authorized its creation and funding, the government committed an offence against the authority or dignity of the House. Did it, to quote the member for Victoria, discount “the need of this House to pass legislation before it rolls out appointments for this institution”. It is a serious question, one complicated, in some sense, by the need for the Chair to carefully measure precedents against the inability to either enumerate or categorize cases of contempt.

The Chair therefore examined thoroughly the evidence presented, including the news release on Infrastructure Canada's website, as well as the proposed selection processes in question on the Privy Council Office's website. In particular, as Speaker, I was looking for any suggestion that parliamentary approval was being publicized as either unnecessary or irrelevant, or in fact already obtained. Otherwise put, I was looking for any indication of an offence against or disrespect of the authority or dignity of the House and its members.

Madam Speaker Sauvé specified on October 17, 1980, at page 3781 of the Debates, that in order for advertisements to constitute contempt of the House, “there would have to be some evidence that they represent a publication of false, perverted, partial or injurious reports of the proceedings of the House of Commons or misrepresentations of members”.

The Chair’s review also looked for such evidence. In doing so, the Chair found that, in the news release on the Infrastructure Canada website, the words “subject to parliamentary approval” were clearly there, as the parliamentary secretary to the government House leader had indicated. In addition, the Chair notes that there is no reference to a starting date of employment. Thus, there were not any specific details found indicating that any position at the Canada infrastructure bank would be filled in advance of the enactment of the enabling legislation.

The Chair must also take into consideration the assertion of the Parliamentary Secretary to the Leader of the Government in the House of Commons that the advertisement was but a preparatory measure for a proposed initiative, in addition to his clear acknowledgement of the role of Parliament. In keeping with established practice, the Chair must take the member at his word.

However, as noted by the member for South Surrey—White Rock, the relevant job postings found on the appointments-nominations.gc.ca website maintained by the Privy Council Office lacked any reference to parliamentary approval. On this point, the Chair notes, with some disquiet, that this was changed after this matter was raised in the House. The advertised positions are now listed as “anticipatory”, and a disclaimer has been added in each case. It reads, “An appointment to the position will only be made once the legislation to create the Canada Infrastructure Bank has been approved by Parliament and receives Royal Assent.”

The member for Victoria has noted that Bill C-44 has passed second reading only: this leaves the House and its members still able to determine its outcome. As Speaker Fraser indicated in his ruling of October 10, 1989, at pages 4459 and 4460 of the Debates in a case with some similarity to the present one:

In order for an obstruction to take place, there would have had to be some action which prevented the House or Members from attending to their duties, or which cast such serious reflections on a Member that he or she was not able to fulfill his or her responsibilities.

The Chair has carefully considered that ruling, which had to do with a misrepresentation of Parliament’s role in government communications respecting the proposed goods and services tax in newspaper advertisements, because of its relevance to the current circumstance. It is interesting to note that in it, Speaker Fraser, in reference to the clarity of advertisements, reminded the public service that the role of Parliament needs to be acknowledged and respected.

Members are aware however that, in the end, Speaker Fraser did not arrive at a finding of prima facie contempt. The honourable member for Perth—Wellington may be right: had he been confronted again with such a case, Speaker Fraser may have ruled differently as he indicated he would. We will never know, as Speaker Fraser was not again seized of a matter of that kind.

Thus today I must assess the facts of this case on their own merits. In applying the strict procedural confines of contempt, the Chair must conclude that the question raised does not constitute a prima facie contempt of the House, and thus there is no prima facie case of privilege as there is no evidence to suggest that the House was obstructed in its legislative authority nor that members were obstructed in the fulfillment of their parliamentary duties.

I thank all hon. members for their attention.

Extension of Sitting HoursGovernment Orders

May 29th, 2017 / 1:35 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I will begin my contribution to this debate by reiterating what we have heard from a few members. I do not think the issue is that members mind sitting longer to accomplish important work. We were sent here to do that work. If there are things that need to get passed and we feel they are of value to Canadians, we are willing to do the work to get it passed. The issue is that sitting longer does come with real consequences both in terms of costs to the House by not just having MPs here, but all the staff that make debate in this place possible and that support this work. Having them come in to work overtime has a real cost. There is a productivity cost that may be incurred for some of us who stay up past midnight and then get up for eight o'clock meetings that will not get pushed back. That is fine, and it can be a reasonable choice to make. Sometimes we just have to get things done, which means staying later. Putting in some overtime is not a problem. However, the question is why we are in a situation that we have to do that.

It is important to understand how we got here. I do not think anyone would disagree with the claim that this is not ideally how one would run things around here. To ask MPs, or staff on the Hill, on relatively short notice, to stay until midnight, and then be back again every morning is not the ideal way to run the House of Commons. That is why it is exceptional and not usually done. I have not heard anyone today suggest it should.

Part of how we got here is simply. The government has been inept for a number of months. That ineptitude manifested itself when the government brought what it called a discussion paper to change the Standing Orders. It then, at the procedure and House affairs committee, where that would properly be dealt with before coming to this place, decided to move to close down that conversation. The opposition parties rightly reacted for a number of reasons. One was that it did not seem to be a good faith discussion when the government had said it wanted to have that and then moved to close it down. Therefore, it did not feel like the government was acting in good faith on that. However, the opposition members also rightly objected because all they were asking for, in order to embark on that conversation in good faith, was that the government would agree in advance to seek all-party agreement before moving ahead with changes to the Standing Orders. This was not some cockamamie scheme that the opposition parties of this Parliament came up with. It is a long-standing parliamentary tradition, which has worked to bring in significant parliamentary reform.

I grew up hearing stories of the McGrath committee at the dinner table. My father sat on that committee. It brought forth changes for the Speaker to be elected by secret ballot. That was a huge change. It also made private members' business votable, not in the way it is currently. It was the beginning of ensuring that at least some private members' business would be voted on.

These were just some of the substantial reforms that were made in the House via all-party agreement. Therefore, the idea that somehow we would never get all-party agreement, and it was just a pipe dream, is completely false. There are ample examples of that. The hon. official opposition House leader has outlined a number more, in fact, some dating back to the 14th century in Britain. Certainly, there are a number of cases where we have seen good reform come out of all-party work.

Therefore, the opposition said it did not think it acceptable for a government to unilaterally change the rules of this place. This place is meant to serve Canadians, not the government, and the interests of the government are not always the same as the interests of Canadians. Not wanting to depart too much from debate on the motion, the creation of the infrastructure bank is a good example of where the interests of the government do not align with the interests of Canadians. However, I will not get into that.

The filibuster that happened and some the time that was spent in the House, and there was a lot, was spent rightly. People were standing up to a government that thought Parliament was here to simply do whatever it wanted. We have seen that in Winnipeg with the call for an inquiry into the building of the new police headquarters. Because that project got out of hand and went way over budget, there are questions about whether the CAO of the city and the former mayor were involved or accepting money. Those questions are out there, and people are asking for an investigation. What people are rightly asking is whose hand was on the wheel, who was overseeing this and if it was not the job of backbenchers and opposition politicians to provide appropriate scrutiny.

That is what these tools of Parliament allow us to do. Standing up for those tools is part of that job. The “just trust us” attitude of the government is not sufficient. The government is not only saying “just trust us, we are doing a good job”, but it is talking about changing the rules of Parliament so we have no choice but to just trust it.

If the proposals in the discussion paper did not do that automatically, that was certainly the thrust and direction of them. The Liberals' way of doing it would set the principle and the precedent that a majority government could unilaterally change the rules of the House.

It is not our job to just trust the government. It is not our job to just help the government get legislation through the House. It is the government's job to get legislation through the House. By refusing to honour a long-standing parliamentary tradition of seeking all-party consensus, the government was at the root of the delay that happened in the House. As a result, it could not get its legislative agenda through. It is not even a very big legislative agenda, and that speaks to the magnitude of the Liberals failure as a government to work collaboratively with opposition parties.

As my colleague rightly pointed out, that was something the Liberals committed to doing. They made it a cornerstone of what they wanted to do. They said they wanted to work collaboratively and take the work of committees seriously.

How is the government taking the work of committees seriously when it presents a discussion paper on changes to the Standing Orders then moves to shut down the debate? How was it a sign of respect for the work of committees when the special committee on electoral reform came out with a proposal on how to advance the government's own election commitment? Even in the face of challenge and even though we said that we on this side of the House disagreed substantially on how we should or should not change our electoral system but nevertheless here was a path forward that we we could at least agree on, a general outline of what the process would look like, the government threw it back.

When we hear the government House leader today say that the government wants committees to do their great work and it wants more debate in the House, as if somehow we are to believe that this is really the motivation of the government, it is a challenge. It is a challenge on this side to take the Liberals at their word on those things because of what happened at PROC, because of what happened with Motion No. 6, because of what happened on democratic reform, and now with what is happening with this motion.

The government, essentially after botching its job, which is to guide legislation through the House and to work with other parties to do that, is now asking its backbench to make up for the mistakes, instead of looking at its cabinet, asking what has gone wrong, why has it been unable to advance its legislation through the House and what is that saying about the quality of the government's leadership.

These are questions the Liberals should be asking instead of asking all of us to put in extra time at the last minute to help them get through an agenda that they say is going to be positive for Canadians. That is fine. I do not believe that for a minute. Getting Bill C-44 through the House is not an important priority.

I would love to see the committee get to work on the infrastructure bank. When we proposed to separate that from the omnibus bill, the Liberals said no. They then had the audacity to stand here and say that they valued the work of parliamentarians and committees. Why not let a committee study that? The government House leader even went so far as to say that the government had the power to call witnesses and do an in-depth study. That was our point about the infrastructure bank, and the Liberals shut it down. For the Liberals to ask us to take their word that this is being done in good faith is a little much.

There are other aspects of this that would be useful to get into, but we are pushing up against the clock, not the least of which is the reforms that the Prime Minister has made within the Senate.

We have a chamber full of unelected people who are accountable to no one and it is sending bills like Bill C-4 back to the House. This is after two-thirds of Canadians voted for parties that said they wanted to see the anti-labour legislation of the last Parliament repealed. People who are accountable to no one have sent the bill back and have refused to pass it.

That has to get done. It should have been done a long time ago. It speaks volumes to the ineptitude of the Liberal Party that it has not already been done. It is a straight up repeal. It was a matter of getting it through the House and then getting it through the Senate. The Liberals failed to do that in a timely way. It is just an indication of how broken the Liberals are as a government that they cannot get such a fundamental piece of legislation passed. Granted it does not enjoy consensus because there is one party in th House that does not support legislation, but every other party in the House does, even the unofficial parties.

Four out of the five parties that won seats in the last election support the legislation, and the government still cannot get it passed. It does not even do anything new. It just restores labour law to what it was in 2012.

I will defer to questions and answers.

Extension of Sitting HoursGovernment Orders

May 29th, 2017 / 12:50 p.m.
See context

Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, the committee went on to table three reports, all unanimously. McGrath and Lefebvre proposed ideas that enhanced private members' business, strengthened the powers of committees, and enfranchised members with the selection of our Speaker by secret ballot, to name just a few.

The Standing Committee on Privileges and Elections recommended in a report tabled on December 6, 1990, important amendments that transformed private members' business. These rule changes were again adopted unanimously.

Under Prime Minister Jean Chrétien, and this was the specific one that we recommended, a Special Committee on the Modernization and Improvement of the Procedures of the House of Commons was created and chaired by then Deputy Speaker Bob Kilger. One of the rules of the committee was “That the committee shall not adopt any report without the unanimous agreement of all the Members of the committee”. This unanimity requirement did not deter the special committee. It tabled six reports to the House and the House adopted five of them. The committee made significant changes, such as allowing all items on the order of precedence of private members' business to be votable.

The Stephen Harper government also followed the tradition of the unanimity approach, bringing in reforms to improve private members' business and broadcasting rules for committees.

I would be remiss if I did not point out that not 100% of all changes were unanimous. Some required a vote. However, since the very beginning of Parliament these incidents were rare, and whenever more broad-based changes to the Standing Orders were adopted, the time-honoured practice of this place was to do so through unanimous consent.

That being said, there exists a very small and exclusive club, if one wants to be a part of it, of forgotten House leaders who rammed through changes, such as the closure motion in 1913, time allocation in 1969, and Standing Order 56(1) in 1991. I am at a loss to understand why the government House leader would rather join this group than be associated with the likes of McGrath, Lefebvre, and Bob Kilger, but I suppose that would not be inconsistent with her government's track record.

Members will recall that we had an electoral reform issue, the efforts of another minister, who turned that reform exercise into a fiasco that led to a full retreat and the firing of that minister from her post. Then there was Motion No. 6. The minister who gave us that doozy has disappeared from that job as well.

Let me take a few minutes just to remind the House of what Motion No. 6 was. Simply put, Motion No. 6 proposed to legislate by exhaustion. It offered unstructured, open-ended debate, potentially sitting 24 hours around the clock all summer long. The motion targeted the opposition and would have hamstrung its ability to hold the government to account. Essentially, it violated one of the fundamental principles of Parliament, a principle described in Beauchesne's, sixth edition, citation 3, “More tentative are such traditional features as respect for the rights of the minority, which precludes a Government from using to excess the extensive powers that it has to limit debate or to proceed in what the public and the Opposition might interpret as unorthodox ways.” That is what Motion No. 6 was and we know what the outcome was of that.

I want to speak briefly about another change that has not been talked about extensively in the House, but it is one of the changes to the Standing Orders that the Liberals are trying to ram through. It is an idea that has been proposed by the President of the Treasury Board in regard to the estimates.

Page 12 of the document says, “For parliamentary committees, the proposed approach trades off the longer period of time now available to study an incomplete Main Estimates...for a shorter time to study a complete Main Estimates”. That all sounds good. It sounds like there is going to be shorter time to study complete, thorough, and accurate estimates rather than having a longer time but with inaccurate estimates. The President of the Treasury Board should know that the House will always insist on full and accurate information and will never attach any such conditions to that right.

In its role in the supply process, Parliament would be foolish to voluntarily clawback two months of its ability to hold a ministry to account in exchange for flawed, unenforceable promises. Even though the paper says it would be accurate information, there is nothing incumbent on the government to provide that accurate information, which is why it is so important that the opposition has as much time as possible to look at those estimates and to scrutinize them.

Let me explain this by first putting forward this historical context. On page 114 of Josef Redlich's The Procedure of the House of Commons: A Study of its History and Present Form, it says:

The whole law of finance, and consequently the whole British constitution, is grounded upon one fundamental principle, laid down at the very outset of English parliamentary history and secured by three hundred years of mingled conflict with the Crown and peaceful growth. All taxes and public burdens imposed upon the nation for purposes of state, whatsoever their nature, must be granted by the representatives of the citizens and taxpayers, i.e., by Parliament.

Pages 404 and 405 of the fourth edition of Bourinot's Parliamentary Procedure and Practice, published in 1916, state:

The cardinal principle, which underlies all parliamentary rules and constitutional provisions with respect to money grants and public taxes is this—when burthens are to be imposed on the people, every opportunity must be given for free and frequent discussion...[and] whenever the government finds it necessary to incur a public expenditure...there should be full consideration of the matter in committee and in the house, so that no member may be forced to come to a hasty decision, but that every one may have abundant opportunities afforded him of stating his reasons for supporting or opposing the proposed grant....

With respect to delaying the main estimates, I will quote from the parliamentary budget officer's most recent report, “Considerations for Parliament in Reforming the Business of Supply”. It states, “With respect to delaying the main estimates, the Government indicates that the core impediment in aligning the budget and estimates arises from the Government’s own sclerotic internal administrative processes, rather than parliamentary timelines.”

It says right there that it is about administrative processes, not parliamentary timelines. The report goes on to state:

PBO notes that the Government’s Supplementary Estimates B, tabled on 3 November, contained 51 measures that were originally proposed almost seven months earlier in Budget 2016.

This example shows that it is unlikely that delaying the release of the main estimates by eight weeks would provide full alignment with the budget.

That was in the PBO's report.

This is a lot of “inside Ottawa” and really diving deep into the estimates. However, the bottom line is that Parliament needs to be able to look at the government's estimates and should not have its time shortened. The President of the Treasury Board cannot ask us to trust that the government's estimates will be more accurate and that we will have a third of the time to study them. That is wrong. It is one of the issues that has not been talked about a lot, but is creating a lot of problems. As former PBO Kevin Page said, “This legislation creates the facade of independence…but on the other hand it completely takes it away.”

The other change the Liberals want to make and have done it in the omnibus bill, which is indicative of what they do, is to take away the power of the parliamentary budget officer. The former PBO stated:

The Government asserts that Parliament does not play a meaningful role in financial scrutiny. PBO disagrees with this view....

We note that notwithstanding the Government's performance information of admittedly poor quality, and their inability to reconcile the Government's spending proposals, parliamentarians have performed a commendable job of asking pertinent questions in standing committee hearings, Question Period and Committee of the Whole.

We know that even the parliamentary budget officer would disagree with those changes and has questions on them. We know the Liberals are currently trying to make changes to the ability of the PBO in Bill C-44, and on that he said:

The proposed amendments impose significant restrictions on the way the PBO can set its work plan and access information. Those restrictions will undermine PBO’s functional independence and its effectiveness in supporting parliamentarians to scrutinize government spending and hold the government to account.

In her remarks to you, Mr. Speaker, after your election to the office of Speaker, the then leader of the opposition and member for Sturgeon River—Parkland, the former interim Conservative leader, talked of the interrupted history of the office of Speaker, which began in 1376 when Sir Peter de la Mare presided over what is known as the “Good Parliament”. She pointed out that the title of “Good Parliament” was not due to the performance of the administration of the day but a reflection on the efforts of the members of that parliament to keep the government in check.

There was a significant principle developing in that parliament, a principle that should apply to this and to all parliaments. In Philip Laundy's book on the office of the Speaker, published in 1984, he had this to say about the Good Parliament:

Parliament was greatly concerned at the abuses in the administration which were threatening the welfare of the realm—

That sounds familiar.

—and encouraged by the support of the Black Prince it set itself to the task of correcting them.

Which is what the opposition wants to do. He continued:

After lengthy debates...the Lords and Commons again assembled in the Painted Chamber before John of Gaunt to give answer to the financial demands which had been made of them. Speaking on behalf of the Commons Sir Peter de la Mare boldly refused to grant supplies until the nation's grievances were redressed.

That was over 600 years ago, but it is still one of the cornerstones of our proud parliamentary democracy. We have made improvements in our approach over the years, but diminishing principles of accountability is the farthest thing from modernizing the procedures of the House. The Liberals keep saying they want to modernize the House, but all they want to do is take away the time-honoured and proven ways that we can hold governments to account. One day very soon, when we are back in government, the opposition is going to want us to be held to account, and the Liberals need to think about this.

During the remarks addressed in the Speaker's election, the member for Sturgeon River—Parkland referenced the “Bad Parliament”, but she did not get into the details of why that parliament's style was bad. We were at that point beginning the era of sunny ways, and who were we to spoil the mood? We were hoping it would be sunny ways.

As members know, as soon as that slogan was out of the box, it collapsed under the weight of dark clouds of arrogance and entitlement, and now serves to give a modern context to the story of the Bad Parliament that sat in England between January 27 and March 2, 1377. The Bad Parliament undid the work done by the Good Parliament, which brought in measures to reduce corruption in the royal council. The Bad Parliament approved reversals of the Good Parliament's impeachment of a number of royal courtiers. It also introduced a new form of royal taxation.

That sounds familiar too, does it not?

In addition, the Bad Parliament was forced to accede to the fact that the King could renege on political promises. Unfortunately, that does sound away too familiar to what is playing out in this Parliament.

I have one more parliament to reference. An even earlier parliament to the Good and Bad Parliaments was the “Mad Parliament” that met in Oxford on June 11, 1258. In Philip Laundy's book at page 11, he suggested that the Mad Parliament set itself against the tyranny of the court and owes its derogatory designation to those whose abuses it sought to check. If the government uses its majority to force through the changes proposed by the government House leader, the official opposition will be fighting its own form of tyranny. I assure members that the language used to describe the 42nd Parliament will be much stronger than just “mad”.

On a more positive note, though, I would like to reference a few distinguished parliamentarians, coming from all sides of the political spectrum. The Right Hon. John Diefenbaker, in an address to the Empire Club in 1949, had this to say, “If Parliament is to be preserved as a living institution His Majesty's Loyal Opposition must fearlessly perform its functions.... The reading of history proves that freedom always dies when criticism ends.”

In an address to the Canadian Club of Ottawa, January 27, 1959, Lester B. Pearson said:

In national politics during the years when I was in the government, I watched the Opposition perform their duty vigorously and industriously, with courage and determination. They rightly insisted on their right to oppose, attack and criticize, to engage in that cut and thrust of debate, so often and so strongly recommended by those concerned with the vigour and health of Parliament and the health of democracy.

In an address on March 21, 1957, New Democrat Stanley Knowles said:

The opposition has only the rules for its protection, hence the authorities on parliamentary procedure emphasize the greater importance to the opposition of the only protection it has, the protection of the rules. Only by according such rights to the opposition is it possible to achieve anything even approaching equality of strength between the two sides....

Finally, I would like to make reference to a more recent elder statesman, and I use the word in a very positive way. A respected senior member of this House, the hon. Liberal member for Malpeque, said on April 11, 2017:

However, this place is called the House of Commons for a reason. It is not the House of cabinet or the House of PMO. Protecting the rights of members in this place, whether it is the opposition members in terms of the stance they are taking, is also protecting the rights of the other members here who are not members of cabinet or the government. We talk about government as if this whole side is the government. The government is the executive branch. We do need to protect these rights.

I think those are very wise words, and we would like the government, the backbenchers to think about that in terms of this motion. We are fine sitting later hours. We know it will be long days for all of us, but let us do it. As my hon. colleague says, let us do the good work that Canadians have asked us to do.

However, we ask two things: allow us to have fuller opposition days, just like the Liberals are having full government days, and do not shut down the debate on the Standing Orders.

Mr. Speaker, I believe there have been consultations. I hope you will find unanimous consent of the House to propose an amendment. The amendment would restrict the use of closure on any motion proposing to change the Standing Orders during the period outlined in Motion No. 14, and would propose to treat opposition motions on allotted days the same as other government business.

Therefore, I seek the consent of the House to amend Motion No. 14 accordingly. I move that Motion No. 14 be amended by deleting all the words in paragraph (j) and substituting the following: “A motion pursuant to Standing Order 57 shall not be admissible for any motion dealing with amendments to the Standing Orders or changes to the practices of the House.”

Extension of Sitting HoursGovernment Orders

May 29th, 2017 / 12:05 p.m.
See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

moved:

That, notwithstanding any Standing Order or usual practice of the House, commencing upon the adoption of this Order and concluding on Friday, June 23, 2017:

(a) on Mondays, Tuesdays, Wednesdays and Thursdays, the ordinary hour of daily adjournment shall be 12:00 a.m., except that it shall be 10:00 p.m. on a day when a debate, pursuant to Standing Order 52 or 53.1, is to take place;

(b) subject to paragraph (e), when a recorded division is demanded in respect of a debatable motion, including any division arising as a consequence of the application of Standing Order 61(2) or Standing Order 78, but not including any division in relation to the Business of Supply or arising as a consequence of an order made pursuant to Standing Order 57, (i) before 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the conclusion of oral questions at that day’s sitting, or (ii) after 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, or at any time on a Friday, it shall stand deferred until the conclusion of oral questions at the next sitting day that is not a Friday;

(c) notwithstanding Standing Order 45(6) and paragraph (b) of this Order, no recorded division requested after 2:00 p.m. on Thursday, June 22, 2017, or at any time on Friday, June 23, 2017, shall be deferred, except for any recorded division which, under the Standing Orders, would be deferred to immediately before the time provided for Private Members’ Business on Wednesday, September 20, 2017;

(d) the time provided for Government Orders shall not be extended pursuant to Standing Order 45(7.1) or Standing Order 67.1(2);

(e) when a recorded division, which would have ordinarily been deemed deferred to immediately before the time provided for Private Members’ Business on a Wednesday governed by this Order, is demanded, the said division is deemed to have been deferred until the conclusion of oral questions on the same Wednesday;

(f) any recorded division which, at the time of the adoption of this Order, stands deferred to immediately before the time provided for Private Members’ Business on the Wednesday immediately following the adoption of this Order shall be deemed to stand deferred to the conclusion of oral questions on the same Wednesday;

(g) a recorded division demanded in respect of a motion to concur in a government bill at the report stage pursuant to Standing Order 76.1(9), where the bill has neither been amended nor debated at the report stage, shall be deferred in the manner prescribed by paragraph (b);

(h) for greater certainty, this Order shall not limit the application of Standing Order 45(7);

(i) no dilatory motion may be proposed after 6:30 p.m.;

(j) notwithstanding Standing Orders 81(16)(b) and (c) and 81 (18)(c), proceedings on any opposition motion shall conclude no later than 5:30 p.m. on the sitting day that is designated for that purpose, except on a Monday when they shall conclude at 6:30 p.m. or on a Friday when they shall conclude at 1:30 p.m.; and

(k) when debate on a motion for the concurrence in a report from a standing, standing joint or special committee is adjourned or interrupted, the debate shall again be considered on a day designated by the government, after consultation with the House Leaders of the other parties, but in any case not later than the twentieth sitting day after the interruption.

Mr. Speaker, I rise to speak to government Motion No. 14. For the benefit of members, the motion would extend the sitting of the House until we rise for the summer adjournment.

We have much to accomplish in the coming weeks. Our government has an ambitious legislative agenda that we would like to advance in order to deliver on the commitments we made to Canadians in the last election. Let me reflect on our recent legislative achievements before I turn to the important work that lies before us over the next four weeks.

In our last sitting week, the House and Senate were able to reach agreement on securing passage of Bill C-37, which would put in place important measures to fight the opioid crisis in Canada. I would like to thank members of the House for the thoughtful debate on this bill and for not playing politics with such an important piece of legislation. In particular, I would like to thank members of the New Democratic Party for co-operating with the government to advance this bill when it was in the House and for helping us dispense with amendments from the Senate. This was a high watermark for the House and I hope that we can take this professional and courteous approach forward. I would also like to thank senators for their important contributions to this bill.

I would also like to point out the passage of two crucial bills related to trade. The first, Bill C-30, would implement an historic trade agreement with the European Union. The second, Bill C-31, would implement a trade agreement with Ukraine, a country that is dear to many members.

I am proud that our government continues to open the doors to trade and potential investment in Canada to grow our economy and help build a strong middle class.

In looking forward to the next four sitting weeks, I would like to highlight a few priority bills that our government will seek to advance. I will start with Bill C-44, which would implement budget 2017. This bill is about creating good middle-class jobs today while preparing Canadians for the jobs of tomorrow.

I will provide some examples of the initiatives that will contribute to building a strong middle class. The budget makes smart investments to help adult workers retain or upgrade their skills to adapt to changes in the new economy and to help young people get the skills and work experience they need to start their careers.

The budget also provides for investments in the well-being of Canadians, with the emphasis on mental health, home care, and health care for indigenous peoples.

Bill C-44 would provide financing to the provinces for home care and mental health care. It would also create leave for those who wish to care for a critically ill adult or child in their family. These initiatives help build stronger communities.

I would also like to point to initiatives in the budget that deal with gender equality. The first-ever gender statement will serve as a basis for ongoing, open, and transparent discussions about the role gender plays in policy development. Our government has other initiatives that aim to strengthen gender equality. For example, Bill C-25 encourages federally regulated companies to promote gender parity on boards of directors and to publicly report on the gender balance on these boards.

Another bill, which I will discuss in greater detail later in my remarks, is Bill C-24, a bill that would level the playing field to ensure a one-tier ministry. The bill has a simple premise. It recognizes that a minister is a minister, no matter what portfolio he or she holds.

Our government has committed to legalizing and strictly regulating the production, distribution, sale, and possession of cannabis. I look forward to the debate on this important bill tomorrow. I will note that the bill would provide strong safeguards and deterrents to protect young people from enticements to use or access cannabis.

The government has taken a responsible approach in seeking to legalize cannabis by ensuring that law enforcement agencies have approved methods to test the sobriety of drivers to guard against cannabis use while operating a motorized vehicle. This afternoon, the House will continue to debate this bill, which, I will happily note, has support from all opposition parties in the House. I hope that we can agree to send this bill to committee on Wednesday.

Now I would like to return to our government's commitment to improving gender equality. Bill C-24, which stands in my name, seeks to formalize the equal status of the ministerial team. This bill is very straightforward in its nature. It is fundamentally about the equality of all ministers. We strongly believe that the Minister of Status of Women should be a full minister. We believe that the Minister of Science and the Minister of Democratic Institutions should be full ministers.

I am disappointed that the Conservatives do not share this fundamental belief in equality. I think we should send this bill to committee for a detailed study of what the bill actually does.

I would like to draw members' attention to another piece of legislation, Bill C-23, regarding an agreement with the United States on the preclearance of persons and goods between our two countries.

This bill is currently being studied by the Standing Committee on Public Safety and National Security. The principle of the bill is simple. It is about ensuring a more efficient and secure border by expanding preclearance operations for all modes of transportation. This will increase the number of trips and the volume of trade, which will strengthen both of our economies.

As members may know, preclearance operations currently take place at eight Canadian airports, and immigration pre-inspection is also conducted at multiple locations in British Columbia in the rail and marine modes.

Once that bill comes back from committee, I hope that we can work together to send it to the other place.

In our last sitting week, our government introduced comprehensive modernization of our transportation systems. A strong transportation system is fundamental to Canada's economic performance and competitiveness. Bill C-49 does just that. The bill would enhance the utility, efficiency, and fluidity of our rail system so that it works for all participants in the system. Freight rail is the backbone of the Canadian economy. It moves everything from grain and potash to oil and coal, to the cars we drive, the clothes we wear, and the food we eat.

I would also like to draw to the attention of members provisions in Bill C-49 that would strengthen Canada's air passenger rights. While the precise details of the air passenger rights scheme will be set out in regulations, the objective is that rights should be clear, consistent, transparent, and fair for passengers and air carriers.

Finally, our government committed to creating a national security and intelligence committee of parliamentarians. Bill C-22 seeks to accomplish two interrelated goals, ensuring that our security intelligence agencies are effective in keeping Canadians safe, while at the same time safeguarding our values, rights and freedoms, and the open, generous, inclusive nature of our country.

I appreciate the work that was done in the House committee to improve the bill. The bill is currently before the Senate national security committee, and I look forward to appearing before that committee with my colleague, the Minister of Public Safety and Emergency Preparedness.

Sitting a few extra hours for four days per week will also give the House greater flexibility in dealing with unexpected events. While it is expected that the Senate will amend bills, it is not always clear which bills and the number of bills that could be amended by the Senate. As we have come to know, the consideration of Senate amendments in the House takes time. This is, in part, why we need to sit extra hours. I know that members work extremely hard balancing their House duties and other political duties. I expect that extending the hours will add to the already significant workload.

I wish to thank members for their co-operation in these coming weeks. As I reflect upon my time as government House leader, there were examples where members of the House came together, despite their political differences, and advanced initiatives that touched directly upon the interests of all Canadians. I hope that over the four remaining sitting weeks before we head back to work in our ridings, we can have honest and frank deliberations on the government's priorities and work collaboratively to advance the agenda that Canadians sent us here to implement.

In the previous Parliament, when the government decided to extend the sittings in June of 2014, Liberal members supported that motion. We knew then, as we know now, that our role as legislators is a privilege, and we discharge our parliamentary functions in support of our constituents.

There will be initiatives that the government will bring forward over the coming weeks that will enjoy the support of all members, and there will be issues on which parties will not agree. Our comportment during this time will demonstrate to Canadians that we are all in this together, despite our differences, for the good of this great country. Let us not lose sight of that.

I believe the motion before the House is reasonable. I hope opposition members can support sitting a few extra hours for four days a week for the next few weeks to consider important legislation for Canadians.

InfrastructureOral Questions

May 19th, 2017 / 11:50 a.m.
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Conservative

Ron Liepert Conservative Calgary Signal Hill, AB

Madam Speaker, the finance committee is currently studying the budget bill, Bill C-44, but this omnibus bill contains the Liberals' so-called infrastructure bank. We have had several witnesses appear before committee who have studied this scheme and are testifying that this bank is being set up to invest in high-risk projects.

My question is for the Minister of Finance. Why is he gambling with $35 billion of hard-earned taxpayer dollars?

May 18th, 2017 / 5:50 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Do you think something should be done about that?

It seems to me that the government, or at least the Liberal Party, had pledged to eliminate interest charges on student loans. Do you think that's something Bill C-44 is missing, something we should perhaps address later in our discussions?

May 18th, 2017 / 5:30 p.m.
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Angella MacEwen Senior Economist, Canadian Labour Congress

Thank you very much.

I'd like to thank the committee for the opportunity to appear before you today.

The Canadian Labour Congress is Canada's largest labour central, bringing together Canada's national and international unions, along with provincial and territorial federations of labour and 130 district labour councils. We represent 3.3 million Canadians who work in virtually all sectors of the Canadian economy, in all occupations, and in all parts of Canada.

The 300-page budget implementation act, or Bill C-44, which was introduced on April 11, implements a variety of commitments contained in budget 2017. There are too many that are relevant to workers in Canada for me to comment on them all. I want to briefly highlight a few concerns.

Bill C-44 strengthens the Special Import Measures Act in several areas, as Canadian steel producers and unions had urged, but disappointingly, no mention is made of improving the standing of trade unions and establishing their right to bring trade complaints, which was promised in the text of budget 2017.

Division 11 deals with amendments to the Employment Insurance Act and the Canada Labour Code maternity and parental leave and benefit changes announced in budget 2017. We have argued consistently that the best way of expanding real options for working families, and women in particular, is for the federal government to commit to long-term, stable funding for universal, affordable, high-quality child care across Canada. I want to emphasize that the changes to EI parental benefits that are proposed in the bill are no substitute for concerted action to address the child care crisis in Canada.

Division 18 of part 4 would 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. In our pre-budget submission, we suggested that the federal government could accomplish this in several ways.

The government could issue green bonds in order to fund projects, such as the electrification of transportation, electric vehicle charging stations and networks, smart grid technology and transmission lines for renewable energy, and renewable energy storage. The government could also facilitate and fund innovative financing arrangements to ensure that financial institutions and utilities guarantee loans to municipal governments for property tax-based and utility-based “on-bill” financing for retrofits. The government could also develop a plan to re-establish postal banking through the Canada Post Corporation, and use this to finance green investments and spread local renewable energy generation in Canadian homes and small communities. The federal government could simply take advantage of its ability to borrow at remarkably low rates in order to provide low-cost access to capital for public infrastructure projects.

As many observers have pointed out, the case for the infrastructure bank, as it is described in budget 2017 and in this budget implementation bill, is not compelling. Yields on a 30-year Government of Canada bond currently sit at around 2%, which means Ottawa can borrow at much lower rates than those available in the private sector.

We agree there is a need for improved financing tools, but there is no case for a Canada infrastructure bank, which is simply a vehicle for massive and costly privatization.

There is further concern that the stated needs of pension funds for returns in the 7% to 9% range would mean increased user fees, which would be untenable for already expensive transit operations in most large urban centres.

Finally, infrastructure investment that is driven by the need for high returns would put socially useful investments in environmental infrastructure or affordable housing on the back burner for cash-strapped municipalities.

As CUPE economist Toby Sanger phrases it, “No homeowner in their right mind would commit to a...mortgage at a rate of 7 per cent or more when they can borrow at 2.5 per cent—especially when it involves locking in over 10, 20 or 30 years, and paying close to twice as much in total costs.” So, why would the federal government make the Canada infrastructure bank rely only on higher-cost private finance to fund what will have the public sector holding the risk if it fits, or if the right projects don't get funded?

Thank you very much.

May 18th, 2017 / 5:25 p.m.
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David Shepheard Director, Vancouver Film Commission, Vancouver Economic Commission

Thank you very much, Chairman.

I'm pleased to be here today on behalf of the Vancouver Economic Commission and our CEO, Ian McKay. He sends his direct apologies, but the Prime Minister is in Vancouver today and he's hosting him at some events, so I'm here on his behalf.

The Vancouver Economic Commission is the economic development platform for Vancouver. As many of you are aware, for several years now Vancouver has led the nation in GDP growth and in job growth, and it has the most diversified economy in Canada. In that context, we're delighted to speak in support of Bill C-44.

While most of my comments today will focus on division 20, on the invest in Canada act, I'd like to quickly address some of the components of the bill.

Regarding division 5 on the creation of a pan-Canadian artificial intelligence strategy, we support this initiative unequivocally. At the same time, to be clear and on the record, Vancouver and British Columbia boast some of the best world-class capacity in AI disciplines at the University of Victoria, UBC, and Simon Fraser University, as well as globally recognized clusters of quantum computing companies such as D-Wave and 1QBit. Vancouver is well positioned to lead the country in groundbreaking innovation in the quantum field, but most importantly from a national perspective, it's imperative that Canada continue to develop and retain some of the world's best researchers in the field of AI.

In the brief coming on division 8, on increasing the threshold of significance for the review, we support this measure. It's in line with previous practices, and is moving at a rate in line with GDP.

On division 20 regarding the invest in Canada act, the creation of a Canada-wide investment hub comes at a time when Canada's brand as a destination for global capital flows is at an all-time high. Political stability, fiscal strength, globally recognized post-secondary educational institutions, and a multicultural population have created a platform for 21st century innovation that is among the world's best.

Canada's ability and capacity to attract a bigger share of foreign direct investment must be a major priority for the Government of Canada, and the investment hub must demonstrate to the international investment community that Canada is a clear, cohesive, and comprehensive value proposition to attract further FDI.

While Canada's brand will undoubtedly open the door to conversations with investors from all over the world, the federal government's investment hub needs to be structured and resourced in a way that recognizes that investment capital lands in cities, regions, and communities across the country, and in most cases it is these local ecosystems and the regional clusters that make the investment possible. In that sense, Canada currently has 13 mini investment hubs, the big cities economic agencies alliance, and I know you just heard recently from Mike Darch, the president. Vancouver, through our CEO, who is the current chair of the CCCA, Consider Canada City Alliance, works closely with the trade commissioner service at Global Affairs Canada to brand Canada to international investors through our city-based platforms. It's a great partnership and a model that needs to be expanded and improved in the new investment hub.

In my own personal experience, I recently relocated from London to Vancouver to take on the role as its inaugural film commissioner. From that perspective, we're seeing how Canada's global brand value, equally weighted by Vancouver as a destination, is experiencing high levels of investment attraction from across the globe in the digital entertainment and technology sectors, based on big infrastructure projects and investment in companies.

VEC, through its daily work, is witnessing some of the same factors across all the main economic sectors that are part of the strategic focus for the city. The ongoing work of the city economic development agencies is delivering daily on what will surely be some of the key targets and outcomes for the investment hub. From that respect, it will be a valuable strategic partner for the success of this initiative.

Thank you very much for your time.