Budget Implementation Act, 2017, No. 2

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

This bill is from 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 has also written a full legislative summary of the bill.

Part 1 implements certain income tax measures proposed in the March 22, 2017 budget by
(a) removing the classification of the costs of drilling a discovery well as “Canadian exploration expenses”;
(b) eliminating the ability for small oil and gas companies to reclassify up to $1 million of “Canadian development expenses” as “Canadian exploration expenses”;
(c) revising the anti-avoidance rules for registered education savings plans and registered disability savings plans;
(d) eliminating the use of billed-basis accounting by designated professionals;
(e) providing enhanced tax treatment for eligible geothermal energy equipment;
(f) extending the base erosion rules to foreign branches of Canadian insurers;
(g) clarifying who has factual control of a corporation for income tax purposes;
(h) introducing an election that would allow taxpayers to mark to market their eligible derivatives;
(i) introducing a specific anti-avoidance rule that targets straddle transactions;
(j) allowing tax-deferred mergers of switch corporations into multiple mutual fund trusts and allowing tax-deferred mergers of segregated funds; and
(k) enhancing the protection of ecologically sensitive land donated to conservation charities and broadening the types of donations permitted.
It also implements other income tax measures by
(a) closing loopholes surrounding the capital gains exemption on the sale of a principal residence;
(b) providing additional authority for certain tax purposes to nurse practitioners;
(c) ensuring that qualifying farmers and fishers selling to agricultural and fisheries cooperatives are eligible for the small business deduction;
(d) extending the types of reverse takeover transactions to which the corporate acquisition of control rules apply;
(e) improving the consistency of rules applicable for expenditures in respect of scientific research and experimental development;
(f) ensuring that the taxable income of federal credit unions is allocated among provinces and territories using the same allocation formula as applicable to the taxable income of banks;
(g) ensuring the appropriate application of Canada’s international tax rules; and
(h) improving the accuracy and consistency of the income tax legislation and regulations.
Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures confirmed in the March 22, 2017 budget by
(a) introducing clarifications and technical improvements to the GST/HST rules applicable to certain pension plans and financial institutions;
(b) revising the GST/HST rules applicable to pension plans so that they apply to pension plans that use master trusts or master corporations;
(c) revising and modernizing the GST/HST drop shipment rules to enhance the effectiveness of these rules and introduce technical improvements;
(d) clarifying the application of the GST/HST to supplies of municipal transit services to accommodate the modern ways in which those services are provided and paid for; and
(e) introducing housekeeping amendments to improve the accuracy and consistency of the GST/HST legislation.
It also implements a GST/HST measure announced on September 8, 2017 by revising the timing requirements for GST/HST rebate applications by public service bodies.
Part 3 amends the Excise Act to ensure that beer made from concentrate on the premises where it is consumed is taxed in a manner that is consistent with other beer products.
Part 4 amends the Federal-Provincial Fiscal Arrangements Act to allow the Minister of Finance on behalf of the Government of Canada, with the approval of the Governor in Council, to enter into coordinated cannabis taxation agreements with provincial governments. It also amends that Act to make related amendments.
Part 5 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 5 amends the Bretton Woods and Related Agreements Act to update and clarify certain powers of the Minister of Finance in relation to the Bretton Woods institutions.
Division 2 of Part 5 enacts the Asian Infrastructure Investment Bank Agreement Act which provides the required authority for Canada to become a member of the Asian Infrastructure Investment Bank.
Division 3 of Part 5 provides for the transfer from the Minister of Finance to the Minister of Foreign Affairs of the responsibility for three international development financing agreements entered into between Her Majesty in Right of Canada and the International Finance Corporation.
Division 4 of Part 5 amends the Canada Deposit Insurance Corporation Act to clarify the treatment of, and protections for, eligible financial contracts in a bank resolution process. It also makes consequential amendments to the Payment Clearing and Settlement Act.
Division 5 of Part 5 amends the Bank of Canada Act to specify that the Bank of Canada may make loans or advances to members of the Canadian Payments Association that are secured by real property or immovables situated in Canada and to allow such loans and advances to be secured by way of an assignment or transfer of a right, title or interest in real property or immovables situated in Canada. It also amends the Canada Deposit Insurance Corporation Act to specify that the Bank of Canada and the Canada Deposit Insurance Corporation are exempt from stays even where obligations are secured by real property or immovables.
Division 6 of Part 5 amends the Payment Clearing and Settlement Act in order to expand and enhance the oversight powers of the Bank of Canada by further strengthening the Bank’s ability to identify and respond to risks to financial market infrastructures in a proactive and timely manner.
Division 7 of Part 5 amends the Northern Pipeline Act to permit the Northern Pipeline Agency to annually recover from any company with a certificate of public convenience and necessity issued under that Act an amount equal to the costs incurred by that Agency with respect to that company.
Division 8 of Part 5 amends the Canada Labour Code in order to, among other things,
(a) provide employees with a right to request flexible work arrangements from their employers;
(b) provide employees with a family responsibility leave for a maximum of three days, a leave for victims of family violence for a maximum of ten days and a leave for traditional Aboriginal practices for a maximum of five days; and
(c) modify certain provisions related to work schedules, overtime, annual vacation, general holidays and bereavement leave, in order to provide greater flexibility in work arrangements.
Division 9 of Part 5 amends the Economic Action Plan 2015 Act, No. 1 to repeal the paragraph 167(1.‍2)‍(b) of the Canada Labour Code that it enacts, and to amend the related regulation-making provisions accordingly.
Division 10 of Part 5 approves and implements the Canadian Free Trade Agreement entered into by the Government of Canada and the governments of each province and territory to reduce or eliminate barriers to the free movement of persons, goods, services and investments. It also makes related amendments to the Energy Efficiency Act in order to facilitate, with respect to energy-using products or classes of energy-using products, the harmonization of requirements set out in regulations with those of a jurisdiction. Finally, it makes consequential amendments to the Financial Administration Act, the Department of Public Works and Government Services Act and the Procurement Ombudsman Regulations and it repeals the Timber Marking Act and the Agreement on Internal Trade Implementation Act.
Division 11 of Part 5 amends the Judges Act
(a) to allow for the payment of annuities, in certain circumstances, to judges and their survivors and children, other than by way of grant of the Governor in Council;
(b) to authorize the payment of salaries to the new Associate Chief Justice of the Court of Queen’s Bench of Alberta; and
(c) to change the title of “senior judge” to “chief justice” for the superior trial courts of the territories.
It also makes consequential amendments to other Acts.
Division 12 of Part 5 amends the Business Development Bank of Canada Act to increase the maximum amount of the paid-in capital of the Business Development Bank of Canada.
Division 13 of Part 5 amends the Financial Administration Act to authorize, in an increased number of cases, the entering into of contracts or other arrangements that provide for a payment if there is a sufficient balance to discharge any debt that will be due under them during the fiscal year in which they are entered into.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-63s:

C-63 (2024) An Act to enact the Online Harms Act, to amend the Criminal Code, the Canadian Human Rights Act and An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service and to make consequential and related amendments to other Acts
C-63 (2015) Law Déline Final Self-Government Agreement Act
C-63 (2013) Law Appropriation Act No. 2, 2013-14
C-63 (2009) First Nations Certainty of Land Title Act

Votes

Dec. 4, 2017 Passed 3rd reading and adoption of Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Dec. 4, 2017 Passed 3rd reading and adoption of Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Dec. 4, 2017 Passed 3rd reading and adoption of Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Dec. 4, 2017 Passed 3rd reading and adoption of Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Dec. 4, 2017 Passed 3rd reading and adoption of Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Nov. 28, 2017 Passed Concurrence at report stage of Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Nov. 28, 2017 Failed Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
Nov. 28, 2017 Failed Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (report stage amendment)
Nov. 28, 2017 Passed Tme allocation for Bill ,
Nov. 8, 2017 Passed 2nd reading of Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Nov. 8, 2017 Passed 2nd reading of Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Nov. 8, 2017 Passed 2nd reading of Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Nov. 8, 2017 Passed 2nd reading of Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Nov. 8, 2017 Passed 2nd reading of Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures

Bill C-86—Proposal to Apply Standing Order 69.1--Speaker's RulingPoints of OrderGovernment Orders

November 6th, 2018 / 3:25 p.m.


See context

The Speaker Geoff Regan

Turning now to the point of order, the hon. member asked me to divide the question on the bill pursuant to Standing Order 69.1 on omnibus bills. He argued that specific measures in the bill, namely clauses 461 and 462 dealing with protections for workers, and clauses 535 to 625, dealing with the head of compliance and enforcement, did not appear to arise out of measures announced in the budget. Therefore, in his view, these sections should be separated out for a distinct vote. He felt that there were likely other matters contained in the bill that were unrelated to the budget, but the short timeline had not permitted him the opportunity to make a thorough review.

The hon. parliamentary secretary to the government House leader responded by saying that there was, indeed, a link between these measures and what was promised in the budget. In the case of the provisions relating to the head of compliance and enforcement, he indicated that the government had signalled its intention to amend and modernize the Canada Labour Code in last year’s budget and that these provisions were in response to that commitment.

Standing Order 69.1 allows the Speaker to divide the questions on the motions for second and third reading of a bill when there is no common element connecting the various provisions or where unrelated matters are linked. Paragraph (2) of that Standing Order provides an exemption for budget implementation bills, by which the question cannot be divided if the bill contains only provisions announced in the budget or referenced in the budget documents.

On November 8, 2017, in a ruling regarding Bill C-63 found at pages 15143 to 15145 of the Debates, I explained that:

I believe the purpose of the standing order is to allow such a division in relation to those matters which are unrelated to the budget, accepting that the purpose of the remainder of the bill is to implement the budget.

Therefore, the only question at issue is whether the provisions identified by the hon. member have any link to the budget presented in this place on February 27. If they do, then I would not separate them out for a distinct vote.

As I mentioned in the ruling last year, establishing such a link is not always obvious. The budget document is over 360 pages, accompanied by nearly 80 pages of supplemental tax information. Sometimes commitments are very specific and targeted, while other times the language may be vaguer. A generally stated policy intention may translate into a series of detailed and technical legislative amendments. Accordingly, a provision announced in a few sentences may require pages of legislative changes to implement. It is with this in mind that I have reviewed the provisions identified by the hon. member for New Westminster—Burnaby.

Clause 461 of the bill creates a new division VI.1 in the Canada Labour Code relating to temporary help agencies. The provisions seem to deal largely with matters relating to pay equity. Page 43 of the budget indicates that pay equity legislation will “include job types such as seasonal, temporary, part-time and full-time positions”. While this measure falls outside the pay equity act enacted by clause 416 and related measures in clauses 417 to 440, it seems reasonable to conclude that it is part of a series of provisions dealing with equal pay for equal work and fair treatment in the workplace, in line with the objective announced in the budget.

Clause 462 changes a heading in the Canada Labour Code relating to maternity leave and other types of leave. For many years, it was our practice that headings were not subject to amendment, as they were not considered to be part of a bill. However, in recent years, it has become more common to see clauses or amendments that change headings. In fact, this particular heading had previously been changed by Bill C-63.

The substance of the present change seems to be to group a list of different types of leave into a more concise heading. The parliamentary secretary noted that page 46 of the budget indicated that:

…the Government proposes to amend the Canada Labour Code to ensure that workers in federally regulated industries have the job protection they need while they are receiving EI parental benefits.

I am prepared to accept that the heading change flows, at least partially, out of this commitment.

Clauses 535 to 637 amend the Canada Labour Code to allow a minister to designate a head of compliance and enforcement and spell out this person’s powers and responsibilities. Some of these relate to harassment and violence in the workplace. Page 236 of the budget makes reference to “…protecting federally regulated employees from harassment and violence in the workplace” and at least some of these measures clearly align with that objective. However, the parliamentary secretary’s main argument for not separating out these provisions is that they fulfill a commitment made in budget 2017 to strengthen compliance and enforcement mechanisms in the Labour Code.

The parliamentary secretary’s contention is that the exemption in the Standing Order applies to a bill whose purpose is the implementation of “a budget”, inferring it need not be this year’s budget. I think this is a bit of a stretch.

The title of Bill C-86 references the “budget tabled in Parliament on February 27, 2018”. Clearly, the main purpose of the bill is to implement this year’s budget, not last year’s. I do not believe the intention of the Standing Order was to also exempt provisions from previous budgets.

Had the commitments been repeated in this year’s budget, I may have been inclined to accept his arguments, but that does not appear to be the case. For that reason, I am prepared to allow a separate vote on the provisions contained in subdivision B of division 15 of part 4.

Accordingly, given that a reasoned amendment has been moved, there will be three votes at second reading for this bill. The first will deal with the reasoned amendment. If it is defeated, the second vote will deal with all provisions relating to the head of compliance and enforcement in the Canada Labour Code, which includes clauses 535 to 625 of the bill, while the third will deal with all remaining provisions of the bill.

I thank hon. members for their attention.

Bill C-96—Proposal to Apply Standing Order 69.1Points of OrderOral Questions

October 31st, 2018 / 3:20 p.m.


See context

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, I am rising on a point of order. The point of order I want to raise is for you, Mr. Speaker, to apply Standing Order 69.1 to this bill. As a reminder to you, Mr. Speaker, and to all my colleagues, Standing Order 69.1 is as follows:

(1) In the case where a government bill seeks to repeal, amend or enact more than one act, and where there is not a common element connecting the various provisions or where unrelated matters are linked, the Speaker shall have the power to divide the questions, for the purposes of voting, on the motion for second reading and reference to a committee and the motion for third reading and passage of the bill. The Speaker shall have the power to combine clauses of the bill thematically and to put the aforementioned questions on each of these groups of clauses separately, provided that there will be a single debate at each stage.

The third edition of House of Commons Procedure and Practice states on page 730:

[An omnibus bill] seeks to amend, repeal or enact several Acts, and is characterized by the fact that it is made up of a number of related but separate initiatives. To render an omnibus bill intelligible for parliamentary purposes, the Speaker has previously ruled that such a bill should have “one basic principle or purpose which ties together all the proposed enactments”.

Given that definition, it is very obvious to me that Bill C-86, with its 850 pages, thousands of clauses and seven separate stand-alone pieces of legislation inside it, is an omnibus bill. However, in this specific case, because Bill C-86 is a budget implementation act, the Liberals have used the loopholes they have added to the Standing Orders in order to include all these measures unrelated to each other.

Standing Order 69.1(2) states:

The present Standing Order shall not apply if the bill has as its main purpose the implementation of a budget and contains only provisions that were announced in the budget presentation or in the documents tabled during the budget presentation.

Let me point out just a few of the elements we could not find anywhere in the budget presentation or in any of the documentation tabled with the budget. In clauses 461 to 462, better protection for workers, that is not found in the budget presentation or in the documentation.

Clauses 535 to 625, that deal with the head of compliance and enforcement, are not found in the documentation either.

As we have seen with previous bills, the administration will likely find other cases as well. This was certainly the case for Bill C-63, and as you will recall, you divided that bill for the purposes of votes.

Obviously, we cannot say for sure that this list is complete. This enormous bill was tabled only 48 hours ago, and the size of it prevents us from being able to take the time we would need to study it in depth, as we should be able to do as parliamentarians.

It is also important to note that we are not necessarily against these measures. We simply want to point out that since these measures were not mentioned in February's budget, Standing Order 69.1 should apply in this case.

Time Allotted for Consideration of Bill C-86PrivilegeOral Questions

October 31st, 2018 / 3:10 p.m.


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, the bill is 850 pages long. Last night, at the finance briefing, I asked how many clauses and subclauses were in the bill. Nobody there from the finance department was even able to tell us how many clauses and subclauses exist in this massive piece of legislation. When the finance department itself is unaware of just how many clauses and subclauses are in the bill, thousands surely, we have to wonder about the intention, which the Liberal government has clearly signalled, to ram the bill through the House as quickly as possible.

My contention is that the government wants to push it through with a scant few days of debate, which means, in terms of each clause, that at best, they would be getting a few seconds of parliamentary scrutiny.

As the House is well aware, we wear many hats in the House. We represent our ridings, each one of us, as members of Parliament, and we are proud to do so. I am proud to represent New Westminster—Burnaby. We represent our party caucus often, except for the independents. We represent the policies that have been put together by our respective parties, so there is a partisan part to the job we do.

A key part of our job is to vet government legislation, to go through that government legislation to make sure that the wording is right and to make sure that the legislation would do what it purports to do. That is a key part of the job of a member of Parliament, and has been since the very foundation of our country.

Vetting the laws, making sure that the amendments brought forward are well written, making sure that the changes the government seeks would accomplish what they are supposed to, is a key part of being a member of Parliament.

Many of us have seen a myriad of cases where legislation was not properly vetted. It had to go through the court system and was then returned to the House of Commons, because that vetting process, the work of members of Parliament to actively look through legislation and ensure that the legislation adopted would be effective legislation and well worded, was not done in that way. It went to the courts, and then it came back here.

Words matter. Actions matter.

What I am submitting today is that it is impossible to do our job effectively with the incredible size, the almost clownish size, 850 pages, of the legislation that was tabled by the government just 48 hours ago.

The government's intention to not even take the time to respect parliamentary procedure and work through the committee structure to allow for appropriate debate so that we get more than a few seconds of scrutiny of each clause and subclause, to my mind, indicates a breach of privilege.

On page 60 of House of Commons Procedure and Practice, third edition, it reads that contempt “does not have to actually obstruct or impede the House or a Member; it merely has to have the tendency to produce such results.”

On page 81, it also says:

Speaker Sauvé explained in a 1980 ruling: “…while our privileges are defined, contempt of the House has no limits. When new ways are found to interfere with our proceedings, so too will the House, in appropriate cases, be able to find that a contempt of the House has occurred”.

I would submit that this is a question of privilege that deserves the attention of the House.

Here is the recent history behind omnibus legislation in this place.

When Stephen Harper's government was in power and the Liberals were in opposition, they criticized, and rightly so, the undemocratic tactics of the Conservatives, who used omnibus bills on numerous occasions.

Here is what the current Minister of Public Safety had to say about the Conservatives' budget implementation act in 2012 when he was a member of the opposition.

This is what he said at the time:

On the procedural point, so-called omnibus bills obviously bundle several different measures together. Within reasonable limits, such legislation can be managed through Parliament if the bill is coherent, meaning that all the different topics are interrelated and interdependent and if the overall volume of the bill is not overwhelming. That was the case before the government came to power in 2006.

When omnibus bills were previously used to implement key provisions of federal budgets, they averaged fewer than 75 pages in length and typically amended a handful of laws directly related to budgetary policy. In other words, they were coherent and not overwhelming.

However, under this regime the practice has changed. Omnibus bills since 2006 have averaged well over 300 pages, more than four times the previous norm. This latest one introduced last week had 556 sections, filled 443 pages and touched on 30 or more disconnected topics, everything from navigable waters to grain inspection, from disability plans to hazardous materials.

It is a complete dog's breakfast, and deliberately so. It is calculated to be so humongous and so convoluted, all in a single lump, that it cannot be intelligently examined and digested by a conscientious Parliament.

That was the Minister of Public Safety speaking, and I could not agree with him more. The idea that we must intelligently examine legislation that is brought before us is something that is fundamental to our rights as parliamentarians and our responsibility as parliamentarians.

In 2015, the Prime Minister and the Liberal Party agreed with that point. Here is what was in the Liberal Party platform about omnibus legislation:

We will not resort to legislative tricks to avoid scrutiny....

Stephen Harper has also used omnibus bills to prevent Parliament from properly reviewing and debating his proposals. We will change the House of Commons Standing Orders to bring an end to this undemocratic practice.

As members know, the Standing Orders were changed slightly in June 2017. Standing Order 69.1 was supposed to be the Liberals' answer to the abuse of omnibus legislation. Unfortunately, since then, we have seen a number of new omnibus bills being tabled by the government. Bill C-63, the 2017 second budget implementation act, was divided for votes at second and third reading, because it contained many provisions that were not in the budget documents.

Then there was Bill C-74, the spring 2018 budget implementation bill. It was over 550 pages long and affected over 40 different acts. It dealt with matters as diverse as veterans' compensation, changes to the Parliament Act with respect to maternity and parental arrangements, and the establishment of the office of the chief information officer of Canada.

The second budget implementation act for 2018 is 850 pages long. It is without precedent, certainly in living memory. It has thousands of clauses to study. As I mentioned yesterday, no one is capable of telling us how many clauses and how many subclauses exist in this legislation. That indicates to all members of Parliament that there is a problem with legislation that might have been rushed.

We have an important job: to scrutinize, to examine and to review the legislation to make sure that it actually does what it purports to do. This massive bill, this clownishly sized bill, includes seven different stand-alone pieces of legislation inside the bill itself. Each one of them merits consideration. Each one of them merits review and examination. They have all been thrown together in a massive omnibus bill.

I would argue that we cannot simply qualify this bill as an omnibus bill. It is much more than that. The government tabled this monstrosity on Monday, and it expected the MPs in this House to be ready to start debating it and offering amendments only a few hours after it was tabled. It seems obvious to me that such measures are an obstruction to the performance of the parliamentary duties of all members of Parliament in this House.

Surely, Mr. Speaker, we have reached a point where you must intervene. We have reached the point where this is over the line of what is acceptable in any parliamentary democracy. We have to ask ourselves where this will end. If 850 pages and thousands of clauses are acceptable, could the government table a thousand-page bill or a two thousand-page bill, allocate a minimum amount of time for debate and then ram it through the House? If that would not be acceptable, then surely we can agree that there is a limit somewhere. I would argue that this limit has been reached with Bill C-86.

Therefore, Mr. Speaker, I hope that you will find a prima facie case of privilege here. If you do, I will be ready to move the appropriate motion.

Bill C-74—Proposal to Apply Standing Order 69.1Points of OrderPrivate Members' Business

April 23rd, 2018 / noon


See context

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, I would indeed like to raise a point of order.

I am rising today to ask you, Mr. Speaker, to apply Standing Order 69.1 to Bill C-74, the budget implementation act, 2018, no. 1.

In this corner of the House, we believe that this bill is an omnibus bill, as defined under Standing Order 69.1. As you know, Mr. Speaker, and have ruled in the past, Standing Order 69.1 was added to the Standing Orders last June and was supposed to be the government's answer to the abuse of omnibus legislation.

I will remind you, Mr. Speaker, though I know you are well versed in this, that Standing Order 69.1(1) says the following:

In the case where a government bill seeks to repeal, amend or enact more than one act, and where there is not a common element connecting the various provisions or where unrelated matters are linked, the Speaker shall have the power to divide the questions, for the purposes of voting, on the motion for second reading and reference to a committee and the motion for third reading and passage of the bill. The Speaker shall have the power to combine clauses of the bill thematically and to put the aforementioned questions on each of these groups of clauses separately, provided that there will be a single debate at each stage.

Since the adoption of the Standing Order, we have seen a number of new omnibus bills tabled by the government. Bill C-63, the previous budget implementation bill, was divided for votes at second and third reading, because it contained so many different provisions. Mr. Speaker, you ruled on that.

We also had a huge environmental bill, Bill C-69, that was split for the purposes of voting. Mr. Speaker, you will recall that you ruled that the section on the Navigable Waters Protection Act was distinct enough from the rest of that environment bill to split it.

We have serious concerns, and all parliamentarians should have serious concerns, about the use of omnibus bills in this place. It becomes increasingly difficult for members of Parliament to represent their constituents when governments table these massive bills, in which so many different things are lumped together.

Bill C-74 poses a particularly problematic situation. This massive bill is over 555 pages long and affects over 40 different acts. It is clearly an omnibus bill because it deals with matters as diverse as veterans' compensation, changes to the Parliament Act with respect to maternity and parental arrangements, and the establishment of the office of the chief information officer of Canada. This is, in fact, the most massive budget bill ever.

What worries us most, however, is that this budget implementation bill enacts the greenhouse gas pollution pricing act.

Mr. Speaker, you are aware, of course, that the second paragraph, Standing Order 69.1(2), stipulates:

The present Standing Order shall not apply if the bill has as its main purpose the implementation of a budget and contains only provisions that were announced in the budget presentation or in the documents tabled during the budget presentation.

We looked through the budget speech, the budget documentation, the tax tables, and everything else that was tabled with the budget in February. The only reference to carbon pricing in the budget documents is a few short paragraphs, including the following:

The Government recently released draft legislative proposals on the federal carbon pollution pricing system, as well as a regulatory framework outlining the approach to carbon pollution pricing for large industrial facilities, and intends to introduce legislation to establish that system.

In that short paragraph, there is an acknowledgement that the government actually was working on separate legislation that should properly be put to the House separately. Of course, in terms of the spirit of Standing Order 69.1, the fact that this draft legislation was developed separately, and that the government even seemed to indicate a propensity to introduce that legislation separately, should give cause for consideration in terms of Standing Order 69.1, because it has an impact on all of us as members of Parliament being able to adequately represent our constituents.

Because of those few paragraphs, the Liberals—the government—felt justified in including the brand-new greenhouse gas pollution pricing act, a bill that takes up 215 pages of the budget bill, 215 of 556 pages.

The issue is that the government intended to introduce legislation to establish this system. This indicates that the intention was to have separate legislation on the subject. A federal carbon pollution pricing system is a big step that deserves to be properly studied, looked at, and voted on by parliamentarians.

Mr. Speaker, I will remind you of your ruling of March 1, 2018, on Bill C-69, when you said the following:

the question the Chair must ask itself is whether the purpose of the standing order was to deal only with matters that were obviously unrelated or whether it was to provide members with the opportunity to pronounce themselves on specific initiatives when a bill contains a variety of different measures.

At that time, you answered very appropriately and courageously, establishing the precedent for separating that bill out so that members of Parliament could have the opportunity to adequately represent their constituents through that separate vote.

I also want to quote the Minister of Public Safety, who said the following with respect to the issue of omnibus legislation, and I could not agree with him more:

The Liberals did in fact condemn the Conservatives' repeated use of omnibus bills as undemocratic. Now that they are in power, they are using some of the very tactics they criticized. Here is what the Minister of Public Safety and Emergency Preparedness said about the Conservatives' 2012 budget implementation bill when he was in the opposition:

He further stated:

On the procedural point, so-called omnibus bills obviously bundle several different measures together. Within reasonable limits, such legislation can be managed through Parliament if the bill is coherent, meaning that all the different topics are interrelated and interdependent and if the overall volume of the bill is not overwhelming. That was the case before the government came to power in 2006.

That was the Minister of Public Safety, speaking in 2012, commenting on the previous Conservative government. He went on:

When omnibus bills were previously used to implement key provisions of federal budgets, they averaged fewer than 75 pages in length and typically amended a handful of laws directly related to budgetary policy. In other words, they were coherent and not overwhelming.

However, under this regime the practice has changed. Omnibus bills since 2006 have averaged well over 300 pages, more than four times the previous norm. This latest one introduced last week had 556 sections, filled 443 pages and touched on 30 or more disconnected topics, everything from navigable waters to grain inspection, from disability plans to hazardous materials.

That was the previous record before the budget implementation act of a few weeks ago.

TheMinister of Public Safety completed his comments by stating:

It is a complete dog's breakfast, and deliberately so. It is calculated to be so humongous and so convoluted, all in a single lump, that it cannot be intelligently examined and digested by a conscientious Parliament.

I could not agree more with the current Liberal Minister of Public Safety in condemning what the impact is on parliamentarians of having these dog's breakfast omnibus bills. As members know, the current budget implementation bill is the largest we have ever seen dumped on the floor of the House of Commons, and 215 pages are on carbon pricing. This clearly violates the spirit of Standing Order 69.1.

As the Speaker, it clearly gives you the opportunity, despite the loophole I am sure the government House leader or the parliamentary secretary to the government House leader will try to use, to justify what is unjustifiable.

There is long precedence in this place that we try to make sure that our votes count and that legislation is distinct enough so that as members of Parliament, we have the ability to truly represent our constituents.

This dumping in of 215 pages around carbon pricing to make the most massive budget implementation act in Canadian history simply violates to every degree the spirit and the principles around Standing Order 69.1.

You have ruled in the past on these important measures, Mr. Speaker. You have taken the opportunity to judge whether parliamentarians, or parliament, or ultimately Canadians are well served by this dumping in of legislation. It started under the previous government. Standing Order 69.1 was designed to give you the tools to counter that abuse by governments of dumping in separate legislation. There is no doubt that the government is violating the spirit of Standing Order 69.1 by dumping in carbon pricing into this massive bill.

What I ask you to do today, Mr. Speaker, is to take the time to consider what I have said, and other members may choose to join in as well, and ultimately to rule to separate out carbon pricing so, as members of Parliament, we can truly represent our constituents.

Bill C-69—Proposal to Apply Standing Order 69.1—Speaker's RulingPoints of Order

March 1st, 2018 / 3:05 p.m.


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The Speaker Geoff Regan

I am now prepared to rule on the point of order raised on February 27, 2018, by the hon. member for Berthier—Maskinongé concerning the second reading of Bill C-69, an act to enact the impact assessment act and the Canadian energy regulator act, to amend the Navigation Protection Act and to make consequential amendments to other acts, under the provisions of Standing Order 69.1.

I would like to thank the hon. member for having raised this question, as well as the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons for his intervention on this point.

The hon. member argued that Bill C-69 is an omnibus bill, as she feels it contains several different initiatives which should be voted on separately. She noted that the bill would delete two existing acts, would enact new ones, and would amend over 30 other acts. The hon. member requested that the Chair divide the question at second reading to allow for a vote on each of the three main parts of the bill.

Part 1 would enact the impact assessment act and repeal the existing Canadian Environmental Assessment Act.

Part 2 would enact the Canadian energy regulator act as well as repeal the National Energy Board Act. The hon. member argued that this second part deals more with natural resources than with the environment and should therefore be voted upon separately.

Part 3 consists of amendments to the Navigation Protection Act, which would be renamed the Canadian navigable waters act. As this deals with matters relating to transportation, she felt that this part should also be subject to a separate vote.

The hon. member helpfully identified which of the consequential and coordinating provisions, contained in part 4, she believed were associated with each of the other parts. I am grateful for her specificity in this regard. I would note that these consequential and coordinating amendments represent the changes to the 30 other acts referenced by the hon. member. In the vast majority of cases, the changes are to reflect updated terminology relating to the names of new agencies or statutes created by the bill. The fact that there is a large number of them is not a significant factor in determining whether or not this constitutes an omnibus bill.

The hon. parliamentary secretary to the government House leader agreed that the bill amends several acts, but argued that there is in fact a common element to link together all of the changes. He stated that the bill represents a comprehensive review of federal environmental and regulatory processes and that to consider them separately would create unnecessary uncertainty about the overall framework.

As members will recall, Standing Order 69.1 took effect last September. It gives the Speaker the power to divide the question on the second or third reading of a bill where “there is not a common element connecting the various provisions or where unrelated matters are linked”. The critical question for the Chair, then, is to determine to what extent the various elements of the bill are linked.

To date, I have been asked to apply this standing order on two instances. On November 7, 2017, I declined to allow multiple votes in relation to Bill C-56, an act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act, as I felt the two issues raised by the bill were sufficiently related and that they were essentially provided for under the same act. On November 8, I agreed to apply the standing order in relation to Bill C-63, the Budget Implementation Act, 2017, No. 2, as I considered that there were several issues contained in the bill that were not announced in the budget presentation. On November 20, in relation to Bill C-59, the national security act, 2017, I ruled that the standing order could not apply to a motion to refer a bill to committee before second reading, though I invited members to raise the issue again prior to third reading of the bill if necessary.

I would underscore, as I did in my ruling on Bill C-63, that the Chair does not have the power to divide a bill into different pieces of legislation to be considered separately. The Standing Order only allows me to divide the question on the motions for second and third reading for the purposes of voting.

Bill C-69 does clearly contain several different initiatives. It establishes two new agencies, the impact assessment agency and the Canadian energy regulator, and makes a series of amendments to the Navigation Protection Act. One could make the case, as did the parliamentary secretary, that there is indeed a common thread connecting these various initiatives, in that they are all related to environmental protection. However, the question the Chair must ask itself is whether the purpose of the standing order was to deal only with matters that were obviously unrelated or whether it was to provide members with the opportunity to pronounce themselves on specific initiatives when a bill contains a variety of different measures.

In presenting arguments relating to Bill C-63, the hon. member for Calgary Shepard raised an interesting concept from the practice in the Quebec National Assembly. Quoting from page 400 of Parliamentary Procedure in Québec, he stated:

The principle or principles contained in a bill must not be confused with the field it concerns. To frame the concept of principle in that way would prevent the division of most bills, because they apply to a specific field.

While their procedure for dividing bills is quite different from ours, the idea of distinguishing the principles of a bill from its field has stayed with me. While each bill is different and so too each case, I believe that Standing Order 69.1 can indeed be applied to a bill where all of the initiatives relate to a specific policy area, if those initiatives are sufficiently distinct to warrant a separate decision of the House.

In this particular instance, I have no trouble agreeing that all of the measures contained in Bill C-69 relate to environmental protection. However, I believe there are distinct initiatives that are sufficiently unrelated that they warrant multiple votes. Therefore, I am prepared to allow more than one vote on the motion for second reading of the bill.

As each of the first two parts of the bill does indeed enact a new act, I can see why the hon. member for Berthier—Maskinongé would like to see each one voted separately. However, my reading of the bill is that the regimes set out in part 1, the impact assessment act, and part 2, the Canadian energy regulator act, are linked in significant ways, reflected in the number of cross-references. For example, the impact assessment act provides for a process for assessing the impact of certain projects, but contains specific provisions for projects with activities regulated under the Canadian energy regulator act. There are also obligations in the Canadian energy regulator act that are subject to provisions in the impact assessment act. Given the multiple references in each of these parts to the entities and processes established by the other part, I believe it is in keeping with the standing order that these two parts be voted together.

With respect to part 3, which amends the Navigation Protection Act, I find that it is sufficiently distinct and should be subject to a separate vote. While there are some references in part 2 to changes made in part 3, I do not believe they are so deeply intertwined as to require them to be considered together. There would be an opportunity to correct these references as part of the amending process if part 3 should not be adopted by the House.

As I stated earlier, part 4 of the bill is made up of consequential and coordinating amendments arising out of the other 3 parts. In my ruling on Bill C-56, I recognized that the analysis and division of a bill into different parts can sometimes be quite complex. Based on my reading of part 4, which differs slightly from that of the hon. member for Berthier—Maskinongé, clauses 85, 186, 187, and 195 seem to be related to part 3 and will be voted with that part. The remaining clauses in part 4, with the exception of the coming into force clause, specifically 196, appear to relate only to parts 1 and 2 and will therefore be grouped with those parts. The schedule relates only to part 1 and will also be grouped with it.

Federal Provincial RelationsOral Questions

December 8th, 2017 / noon


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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Mr. Speaker, on Monday and Tuesday, finance ministers will be meeting to negotiate the sharing of the cannabis tax. As members know, Quebec and the municipalities will be responsible for 100% of the costs. They should therefore receive 100% of the tax.

However, out of the blue, in Bill C-63, the government, here in Ottawa, quietly decided to keep all of the tax and then transfer a portion of it as it sees fit.

Does the government agree that the tax sharing arrangement should reflect the cost sharing tax revenues should be shared in accordance with how costs are shared, meaning 100% to Quebec and 0% to Ottawa?

Business of the HouseOral Questions

November 30th, 2017 / 3:10 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, today we will continue the debate on Bill S-3, indigenous registration. Tomorrow, we will take up third reading debate on Bill C-63, the budget legislation.

On Monday, we will have the last opposition day in a supply cycle, meaning that we will also vote on supplementary estimates (B) and the respective appropriation bill at the end of the day.

Tuesday, we hope to complete third reading debate on Bill C-58, concerning access to information reforms.

Wednesday afternoon, we will call C-61, the first nations education legislation.

We will round off the week with Bill C-24, the Salaries Act, at report stage.

I would like to take a moment to sincerely thank all hon. members in this House for coming together on the apology of the LGBTQ2 Canadians this week.

Finally, discussions have taken place between the parties, and if you seek it, I think you will find unanimous consent for the following motion:

That, notwithstanding any Standing Order or usual practice of the House, when the House begins debate on the second reading motion of Bill C-61, An Act to give effect to the Anishinabek Nation Education Agreement and to make consequential amendments to other Acts, a Member of each recognized party, a Member of the Bloc Québécois and the Member for Saanich—Gulf Islands may speak to the said motion for not more than 10 minutes, followed by 5 minutes for questions and comments, after which the Bill shall be deemed to have been read a second time and referred to a Committee of the Whole, deemed reported without amendment, deemed concurred in at the report stage, and deemed read a third time and passed.

Bill C-63--Time Allocation MotionBudget Implementation Act, 2017, No. 2Government Orders

November 28th, 2017 / 10:45 a.m.


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Liberal

Bill Morneau Liberal Toronto Centre, ON

Madam Speaker, as I have said in this House, it is important that we work together with the Ethics Commissioner to make sure that we do things exactly as prescribed, which is exactly what I have done.

The fabrication of processes that do not exist is completely unnecessary. What we are talking about today is how we can move forward on Bill C-63, making a real difference for Canadians. I fully understand why the member opposite does not want to talk about that. I fully understand that he is not interested in talking about how constituents of his and people across this country are doing better because of our policies. We understand that.

We are going to continue to move forward to make a real difference for Canadians, and we are not going to be taken off our game by fabrications.

Bill C-63--Time Allocation MotionBudget Implementation Act, 2017, No. 2Government Orders

November 28th, 2017 / 10:35 a.m.


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Liberal

Bill Morneau Liberal Toronto Centre, ON

Madam Speaker, I will continue to be absolutely transparent with the Ethics Commissioner. That is the way we work in the House.

No matter how many times members opposite talk about their superimposed approach on the approach that has been used in the House for decades, for ministers today and for ministers of yesterday, we will not accede to their fabrication of a process that actually does not exist.

The member for Barrie—Innisfil yesterday moved a motion to shut down this debate. What we are talking about today is moving forward on Bill C-63. We are moving forward, because we have had debate on this over the course of four days. More than 70 members have spoken. We are moving forward with a plan that will continue to improve the lives of Canadians. We know how important it is to keep on this track, because we are seeing real impacts now after two years of hard work.

Bill C-63--Time Allocation MotionBudget Implementation Act, 2017, No. 2Government Orders

November 28th, 2017 / 10:35 a.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

The disruptions, Madam Speaker, are designed to thwart the voices of members in the House.

The relevance to Bill C-63 is this. The minister has shown a propensity to not be honest with Canadians and to not be honest with the House by not answering questions that are specific to him. How can we trust the minister with respect to the budget implementation bill, Bill C-63, if he will not answer those simple questions? How can we trust him when he suggests that he is not benefiting from this if he is not answering those questions? That is the relevance.

Bill C-63--Time Allocation MotionBudget Implementation Act, 2017, No. 2Government Orders

November 28th, 2017 / 10:30 a.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, again I rise on the issue of relevancy. There is an obligation on the part of the official opposition to be relevant to the debate. Today's debate is about a time allocation motion and Bill C-63. Issues related to something the opposition wants to create at this point in time are just not relevant to the debate we are supposed to be having.

Bill C-63--Time Allocation MotionBudget Implementation Act, 2017, No. 2Government Orders

November 28th, 2017 / 10:25 a.m.


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Liberal

Bill Morneau Liberal Toronto Centre, ON

Madam Speaker, I would like to remind the member that Bill C-63 has been debated extensively in the House and at the finance committee. We have seen four days of second reading debate, during which more than 70 members have spoken. That includes 23 members from the Conservative Party and 10 members from the New Democratic Party. The bill has also been studied at the finance committee for six hours. We have seen eight members speaking at report stage.

We want to move forward. This bill is clearly the next step in our continuing goal of making a difference for Canadians. I suspect that the member opposite should be pleased that his constituents are feeling much better because there is more employment across this country. We are seeing 500,000 new jobs. I hope the member opposite is pleased with the fact that nine out of 10 families are seeing more money because of the Canada child benefit. Because of the positive economic results we have seen, we are able to make sure that benefit will keep up with the costs of inflation.

That is the kind of work we are doing on behalf of Canadians. It is the kind of work we are committed to continue doing. This debate has been extensively elaborated upon, and now we would like to move forward to do the good work that Canadians asked us to do.

Bill C-63--Time Allocation MotionBudget Implementation Act, 2017, No. 2Government Orders

November 28th, 2017 / 10:15 a.m.


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Waterloo Ontario

Liberal

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

moved:

That, in relation to Bill C-63, A second 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 of the report stage and one sitting day shall be allotted to the third reading stage of the said bill; and

That fifteen minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of the report stage and on the day allotted to the third reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the bill then under consideration shall be put forthwith and successively without further debate or amendment.

Bill C-63—Notice of time allocation motionBudget Implementation Act, 2017, No. 2Government Orders

November 27th, 2017 / 6:15 p.m.


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Waterloo Ontario

Liberal

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

Madam Speaker, I would like to advise that agreements could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the report stage and third reading stage of Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures.

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

Access to Information ActGovernment Orders

November 27th, 2017 / 5:10 p.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, I listened to the minister speak, and as I sit in the House on a daily basis, as we all do, is it any wonder that we find it hard to believe that anything the government says it is going to do will actually come to fruition? We have seen broken promise after broken promise. If members do not believe me, just look at what some of those who are looking closely at Bill C-58 are saying. By ruling out the possibility to obtain information from ministers' offices and the Prime Minister's Office, the government is breaking its campaign promise to establish a government open by default. Moreover, the possibility to refuse certain access to information requests on an undefined basis jeopardizes the transparency and the openness of this government. That was from Katie Gibbs, the executive director of Evidence for Democracy group. However, there are more, and I will refer to more as I get through my speech today on Bill C-58.

I would be remiss if I did not go back a couple of hours, back to the future, and the egregious display of contempt for parliamentary democracy. It has been a practice in this place for many years that when opposition members ask questions directly and pointedly to the finance minister, as we did today, or to other ministers of the crown, that those answers are expected. They are expected on behalf of all Canadians. This is why we are elected to come to this place; it is to ask the type of hard questions that were asked today.

In the preamble to the movement of a motion to adjourn debate on Bill C-63, I will remind the House that we are talking about openness and transparency, which is something the government runs around saying. The Prime Minister stands up in front of microphones, posts on Twitter, Facebook, Instagram, and Snapchat that the government is more open and transparent than any other government in the history of Canada. I would suggest that nothing could be further from the truth.

I would again remind the House of what I said before I moved the motion to adjourn debate. I said to the Speaker that before I resumed my comments, I wanted to go back to question period and what I thought, quite frankly, was an egregious display of contempt for our parliamentary democracy. This minister was asked multiple times whether he had sold his shares in Morneau Shepell in advance of his tax reform announcement, and he failed to answer the question on multiple occasions.

Therefore, in the absence of the minister answering those questions on a bill that, quite frankly, he has influence over, I would call into question the ability of Canadians to have confidence in him conducting further business on the bill. It is confidence, and not just on this bill, but any bill. The Minister of Finance was asked a minimum of 14 times today in question period whether in fact he had sold his shares in Morneau Shepell in advance of his tax reform policies being announced, and each time he skirted the question. He would not answer. He went on about the middle class and those working hard to join it. Well, right now, it is a matter of the middle class and those working hard to stay in it because of the policies of the finance minister.

We are expected to sit in the House and accept not just what the President of Treasury Board talks about in terms of openness and accountability, but there are multiple people, stakeholders, who have a vested interest in what the President of Treasury Board is promoting and proposing in terms of this access to information legislation, and they are being critical of it. They are being as critical as we are being on the finance minister, because he needs to answer the questions.

The government needs to force the finance minister to answer the questions as to whether in fact he had any vested interest or knowledge of the sale of those shares. It speaks to credibility, to transparency, to accountability, which the government is good at talking about, but when it comes to implementing or living by that, it does not.

What was funny about Bill C-63 and the motion we put forward was that every single person, save one, I believe the member from the Green Party, voted in support of adjourning the debate on that bill. They did that because they do not want to talk about it.

All we are asking is that the minister answer the questions that have been asked of him by those who represent Canadians in this House, every single one of us who are not members of the Liberal Party.

We are actually hearing about Liberal members who are questioning their confidence in the ability of the finance minister to conduct the business of the country. Why? It is because he has failed to answer the questions. He has answered, but in generalities. He goes back to the fetal position of saying that they are working hard for the middle class and those working hard to join it. However, he refuses to answer the questions.

If we are talking about openness and transparency, and this government is proposing Bill C-58, why is the finance minister not being open and transparent with Canadians? We can speculate that perhaps he knows that Canadians will not be happy with the answers. They will not be happy with the villa in France and why he hid that from the Ethics Commissioner, that he had complete control over Morneau Shepell shares and shares in various corporations, or that perhaps he was the one who sold that $10 million worth of shares just ahead of making that announcement. Openness and transparency: what an absolute joke.

I also want to talk about some other individuals who have concerns about what the government is proposing in Bill C-58. The bill proposes a good amendment, and I will give some credit here, by requiring more proactive publication of some information by giving the Information Commissioner the power to order the publication of some information, but it does nothing to fill the huge gaps in the act, as was promised by the Liberals.

We need more changes to have a government that is transparent and open by default. Again, the Liberals talk about openness and transparency, but they do not act in that way.

"The bill is a step backwards in allowing government officials to deny requests for information if they think the request is frivolous or made in bad faith. Public officials should not be given this power, as they will likely use it as a new loophole to deny the public information it has a right know.” Dale Conacher, the co-founder of Democracy Watch, said that.

Stephane Giroux, the president of the Fédération professionnelle des journalistes du Québec said, “The most interesting fact for us was to have access to documents from ministers' offices. False alarm. It was too good to be true.”

In spite of the fact that the President of the Treasury Board is standing up and saying that all these changes have occurred within Bill C-58, the reality is that there are still significant concerns. I think there is concern among Canadians. This past weekend, I had lots of events in my riding, and one of the things I kept hearing about is confidence in the finance minister to continue to do his job, given the circumstances and the besieged state he has been in over the last while. The fact that every single member of the Liberal caucus voted to adjourn debate on this issue calls into question not just Canadians' confidence in the finance minister but the Liberal backbenches' confidence in the finance minister.

The Hill Times today reported that there are concerns among Liberal backbenchers that this is going to affect them in 2019. Do members know the reason they gave for that concern? Many of them will have been here for one term of four years. They are concerned about their pensions. That is what it said in the paper.

How about being concerned about the process of democracy in this country and making sure that no one benefits from having holdings, in the case of the finance minister, that they have not brought forward and been transparent about?

Never mind pensions, we should be focused on what the finance minister is doing by not being transparent and accountable to Canadians and question whether some of the legislation he is putting forward, such as Bill C-27, actually benefits him.

I would remind the House as well that it is not just a matter of benefiting him. What about the benefit to his family? What about his wife? What about his kids? What about his father? How many Morneau Shepell shareholders, or anyone directly or indirectly associated with that family, are benefiting as a result of the policies the finance minister is putting forward? We talk about being open and transparent, but the finance minister has been anything but, and we certainly saw that egregious display today in the House.

As parents, we teach our kids about the difference between right and wrong. We tell our kids what they cannot do and explain it to them. We tell them what they can do and explain the reasons why. We talk often to our kids about character. School systems, through the policies of education, speak about character. They speak about honesty and integrity, yet the finance minister is showing none of those character traits to Canadians with his actions.

We are dealing with a piece of legislation, Bill C-58, that, quite frankly, is difficult to support for many reasons, the least of which is the government not showing any strong movement toward openness and transparency. It is a very top-down approach by the government.

The former information commissioner, from 2007 to 2008, said, “there's no one [in government departments] to review what they choose not to disclose, and I think that goes against the principle of the statute. They've taken the commissioner out of the loop. If you ask for these briefing notes...[and parts of them had been blacked out], you had someone to appeal to.”

This is no longer the case with Bill C-58.

He went on, “We can't even go to a court. It's one step forward, two steps back.”

We have seen a lot of one step forward and two steps back with the government. My fear is that the openness and transparency the Liberals ran on are not there anymore. We have seen that the finance minister cannot even answer a simple question. He will not even answer a simple question. Quite frankly, after seeing this display we have been seeing over the course of the last several months to questions being asked, how can we have any faith? If the finance minister will not even answer a simple question, how can we expect the whole of government to be open, honest, and transparent?

I am saddened by what I see, quite frankly, as a new parliamentarian. I know the other side is going to say that there were circumstances in the past when similar issues happened. We are not talking about circumstances in the past. The Liberals were the same opposition that stood and talked about the egregiousness of the actions of previous governments. They ran to be different. They said that they were going to impose real change. We have seen nothing to suggest anything different. We are seeing a government that is more inward. We are seeing a government that is controlled from the top down. We are seeing a government where the Prime Minister's Office runs everything. Not just on this issue but on multiple issues, anything but what they said has come true.

Conservatives are not going to support Bill C-58. I certainly call into question the finance minister. I call into question his ability to manage the financial affairs of the country, given the circumstances we have seen over the course of the last several months.

Despite their campaign promises, the Liberals have failed to increase government openness and transparency with this bill. As I have said, it is no surprise. This is effectively a government that chooses to publish when it is accountable to Canadians. It is not being accountable all the time. It is going to pick and choose when it wants to be accountable to Canadians. In practice, what the Liberals have effectively done is give themselves the power to refuse to respond to access to information requests they find embarrassing. Under the principle of openness and transparency, should not everything be responded to?

I understand that there might be matters of national security that are not in the public interest, but this is something different from what they ran on, as far as openness and transparency goes. With the changes proposed by the Liberals, less information would be available to Canadians. Moreover, the Liberals would do nothing to address unacceptable delays, so we would continue to see that information punted down the field and would have unacceptable delays in when that information would be put forward to Canadians.

I spent some time talking about Bill C-58, but in the context of openness and transparency, I cannot emphasize enough the egregious nature of the issue we have been dealing for the last couple of months with the finance minister. Again today there was zero accountability, zero transparency, and zero openness. It is a pattern that has evolved with the Liberal government over the course of the last two years. It should concern all of us. It certainly concerns stakeholders who have an interest in this. However, it is not just a concern to all of us who are here to represent Canadians. It is a concern to all Canadians, because it is the small stuff that leads to the big stuff. If we cannot get simple answers to simple questions in this place of openness and transparency, how can we expect to get that information from a government that proves, day after day, that it is not interested in openness? It is not interested in transparency and accountability, in spite of the fact that it ran on that very thing.

They said they were going to be different. The reality is, and we have seen it over the course of the last two years, that nothing could be further from the truth. With the display of the finance minister over the course of the last couple of months, and certainly today, there is not much faith in the ability of the government to be open, transparent, and accountable. That is why Bill C-58 is flawed. We continue to be concerned about the actions of the finance minister and how the Liberal government and these Liberal backbenchers can continue to endorse the display we are seeing here on a daily basis.