Accessible Canada Act

An Act to ensure a barrier-free Canada

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

Sponsor

Kirsty Duncan  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.

This enactment enacts the Accessible Canada Act in order to enhance the full and equal participation of all persons, especially persons with disabilities, in society. This is to be achieved through the realization, within the purview of matters coming within the legislative authority of Parliament, of a Canada without barriers, particularly by the identification, removal and prevention of barriers.
Part 1 of the Act establishes the Minister’s mandate, powers, duties and functions.
Part 2 of the Act establishes the Canadian Accessibility Standards Development Organization and provides for its mandate and structure and its powers, duties and functions.
Part 3 of the Act authorizes the Accessibility Commissioner to provide the Minister with information, advice and written reports in respect of the administration and enforcement of the Act. It also requires the Accessibility Commissioner to submit an annual report on his or her activities under the Act to the Minister for tabling in Parliament.
Part 4 of the Act imposes duties on regulated entities that include the duty to prepare accessibility plans and progress reports in consultation with persons with disabilities, the duty to publish those plans and reports and the duty to establish a feedback process and to publish a description of it.
Part 5 of the Act provides for the Accessibility Commissioner’s inspection and other powers, including the power to make production orders and compliance orders and the power to impose administrative monetary penalties.
Part 6 of the Act provides for a complaints process for, and the awarding of compensation to, individuals that have suffered physical or psychological harm, property damage or economic loss as the result of — or that have otherwise been adversely affected by — the contravention of provisions of the regulations.
Part 7 of the Act provides for the appointment of the Chief Accessibility Officer and sets out that officer’s duties and functions, including the duty to advise the Minister in respect of systemic or emerging accessibility issues.
Part 8 of the Act authorizes the Governor in Council to make regulations, including regulations to establish accessibility standards and to specify the form of accessibility plans and progress reports. It also provides, among other things, for the designation of the week starting on the last Sunday in May as National AccessAbility Week.
Part 9 of the Act provides for the application of certain provisions of the Act to parliamentary entities, without limiting the powers, privileges and immunities of the Senate, the House of Commons and the members of those Houses.
Parts 10 and 11 of the Act make related and consequential amendments to certain Acts.

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

Nov. 27, 2018 Passed 3rd reading and adoption of Bill C-81, An Act to ensure a barrier-free Canada
Nov. 27, 2018 Failed Bill C-81, An Act to ensure a barrier-free Canada (recommittal to a committee)

Accessible Canada ActGovernment Orders

May 28th, 2019 / 10:10 p.m.
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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, that was not something I had time to raise in my speech, but the member is exactly right. There were stakeholders at committee who raised this very issue. For example, Mr. Neil Belanger, the executive director of the British Columbia Aboriginal Network on Disability Society, was at committee. They were consulted as part of the process of developing Bill C-81, but when he looked at the bill when it was first presented, first nations were not mentioned anywhere in the legislation. My colleague, the MP for Battlefords—Lloydminster, put forward amendments to try to include first nations as part of Bill C-81, but they were refused by the Liberal members on the committee.

Accessible Canada ActGovernment Orders

May 28th, 2019 / 10:10 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I am a father of an adult child who has both cognitive and mobility disabilities. Our daughter, who is now 30, will live with us for the rest of her life. When I read Bill C-81 and think about a barrier-free Canada, I think of barriers in terms of accessibility, but also barriers to opportunity. I hear time and again that we are at the eleventh hour and we are trying to get this done just to get something done, which is better than nothing. It is a step in the right direction, but I would say that we are trying to do the best we can to remove all barriers so that regardless of the disability or encumbrance, people are able to realize every opportunity that comes their way.

One of the things I have noticed in Bill C-81 is that there is no mention of first nations. It is a marginalized community and it is not recognized in Bill C-81. I wonder if my hon. colleague could comment as to why first nations are not mentioned in Bill C-81 and if it was an oversight or intentional.

Accessible Canada ActGovernment Orders

May 28th, 2019 / 10:10 p.m.
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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, my colleague's question is getting a little off the Bill C-81 discussion, but I will say that when we look at the Auditor General's report on the call centres with the CRA and seeing millions of calls dropped, there is certainly a concern with how we are servicing all Canadians and not just Canadians with disabilities. However, I would like to keep my focus tonight in respect to the people who are watching and who may be here this evening on Bill C-81.

I would not call Bill C-81 an attack on people with disabilities. I think, as they would say, it is a step in the right direction. The interesting comment I have heard from stakeholders and those who have discussed this with us is that it is better than nothing.

When it comes to legislation, I think we really want to do things right. I did not work extremely hard to get elected to have royal assent on legislation that is better than nothing. I wanted to be here to ensure that when we enact legislation it is the best we can possibly do. However, one of things that we are seeing with some of the concerns that I have raised this evening is that, in some ways, it is not better than nothing. In some ways, it would actually make life more difficult for people with disabilities.

Accessible Canada ActGovernment Orders

May 28th, 2019 / 10:05 p.m.
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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, I apologize.

My intervention this evening was to talk about the concerns within Bill C-81. There is no question that I would say that I talked about the legacy of Jim Flaherty with the registered disability savings plan and the enabling accessibility fund. The previous Conservative government had a very strong track record when it came to legislation to address people with disabilities. However, the focus tonight is addressing some of the shortfalls within Bill C-81, and that is my discussion this evening.

Accessible Canada ActGovernment Orders

May 28th, 2019 / 9:45 p.m.
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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, I welcome this opportunity to speak on the Senate amendments with regard to a barrier-free Canada and this legislation, Bill C-81.

As a member of the HUMA committee, I worked very hard with my colleagues from all parties to see this legislation through. I know there has been lots of discussion tonight about why there are so many Conservatives and members of the NDP and the Green Party speaking to this legislation. Now we have had a Liberal get up to speak about it. Many of us worked so hard on this legislation and we all want an opportunity to speak to it and the amendments put forward.

As I said several times today, this was a unique piece of legislation when it came through the committee. When I say it was unique, I mean that the members of the opposition parties, the Greens, Conservatives and NDP, almost tabled identical amendments. There were more than 60, almost 70, amendments that were almost identical word for word. It is pretty rare, I would say, when three opposition parties are so in sync with feedback from stakeholders. We absolutely support the intent of Bill C-81 and have all voted in support of it through the process.

Our opportunity here today is to talk about and shed light on some of the shortcomings of this legislation and highlight our hope that whomever is in government after the election this fall, they will work hard to address some of these gaps in Bill C-81 to try to strengthen the bill and meet some of the concerns that are still out there and that have been raised by our stakeholders, and certainly by members on the opposition benches.

I do have to admit that I am pleased that the minister has said she will support the more than 10 amendments brought forward by the Senate. I think these do go a long way toward addressing some of the key concerns raised by stakeholders during the discussion and debate at committee stage. However, I am a little frustrated that although we are supportive of Bill C-81, there are a lot of gaps and shortcomings in it as a result of the Liberal members on that committee not supporting our amendments. I think they supported three that dealt with grammatical changes to the legislation, and not really anything definitive or of any substance. However, the Senate's coming forward with these amendments, I think, is certainly a step in the right direction.

What makes me proud of the opportunity to speak on Bill C-81 is that it certainly continues the legacy of one of my favourite politicians, our former finance minister Jim Flaherty. He left a lasting legacy in the House and I think almost all members in this Parliament would agree. Mr. Flaherty brought forward the registered disabilities savings plan and the enabling accessibility fund. They are two key pillars and historic policies that have made significant differences for people across the country with disabilities. In fact, the minister of accessibility said at committee that these policies were a game-changer for Canadians with disabilities, who are able to live much easier lives as a result of these programs. Certainly, in saying that I think some of the policies and steps in Bill C-81 are going to build on that legacy, which is one of the reasons why the Conservative Party will be supporting Bill C-81, as we have through every step of this process.

I had the opportunity earlier this year to travel to Israel with a group of disabled Canadians from Ontario on a trip that was organized by Reena and March of Dimes. This was a unique experience for me and some of my colleagues. We have all had experience working with people with disabilities and critical organizations in our ridings, but this was the first time I have had an opportunity to spend an extended period of time with the people from these groups, Reena and March of Dimes, on such a long trip from Toronto to Israel and then while touring Israel. We saw how behind we are in Canada in removing barriers for people with disabilities. The whole idea of this trip was to see what Israel is doing to address some of their issues. It really was eye-opening to see what legislation and policy, and individual businesses, NGOs and charitable groups are doing to address their issues.

One facility that we toured was almost like a small town specifically for people with disabilities, where they had started small businesses that people with disabilities were able to operate and raise money. This reminds me of my colleague from Carleton and his opportunities bill, which he tried to put through earlier in this Parliament. His bill would have addressed something similar.

One of the examples in this community was a wine-making facility. The grapes were brought in and crushed to make the wine. Olives were brought into another area to make olive oil. The grinder was rejigged to make it accessible for people in wheelchairs. We were all given an opportunity to try it, and it was not easy. It was a challenge for us.

It just goes to show that when we allow groups and organizations that opportunity and ingenuity to really take things on themselves, and also put policies in place that encourage the removal of those barriers, it gets to the essence of Bill C-81.

I am also proud to say that on that trip I made some lifelong friends, people like YaYa and Joshua. If Joshua is watching tonight, I have not forgotten his invitation to tour his apartment in Toronto. I am really looking forward to doing that later this summer.

To see the excitement in the eyes of these Canadians as they toured Israel and saw some of the opportunities that are available there for people with disabilities but are not available to them here in Canada really showcased the fact that we have some work to do here in Canada. I am hoping that Bill C-81 will take us in that direction.

I do want to stress the fact that we do support Bill C-81, but we do want to take the opportunity in these discussions tonight to highlight some of the concerns that stakeholders have raised about the bill.

The first and almost unanimous one from stakeholders was the lack of any timelines within Bill C-81. I am happy to see that in one of the amendments by the Senate, they have asked that Canada be barrier-free by 2040.

As opposition members, we put forward an amendment asking for Canada to be barrier-free by 2021. The Liberals voted against that amendment, saying that having deadlines in the legislation as a result of these groups would not help federal departments be proactive in removing barriers until the very last minute.

I would argue that if we do not have a deadline, if we do not have metrics involved to measure success, how are we going to know if we are achieving anything? To see that timeline of 2040 in the Senate amendment is critical. I am pleased to see that the Senate paid attention to the amendments that we brought forward at committee, and from stakeholders.

I am going to talk about three or four amendments out of the more than 60 that were brought forward. Again, these came directly from stakeholders, directly from witnesses that provided critical testimony at committee.

The first one is critical. The minister and my colleagues across the way in the Liberal government have talked about a no wrong door policy. I appreciate what they are trying to say and their nice language. However, stakeholders are arguing that they do not want no wrong door; they want the right door. They want one door.

The issue here is that when people with disabilities want to file a complaint and have an issue with a federal department or a regulation that has been imposed, they may be confused about where to go. We certainly heard that from stakeholders.

If I am a Canadian with a disability and have an issue, I could go to the accessibility commissioner, the CRTC, the Canadian Transportation Agency, or the Federal Public Sector Labour Relations and Employment Board. The idea that the Liberals have put forward is that if people go to the wrong door, they will be redirected to the right door and that that door will help them with their concern or complaint, or their issue with the regulation.

My concern with having all of these different bureaucracies deal with a complaint is there would be very little, if any, consistency on how the complaint would be handled. If I go to the accessibility commissioner, would my concern or complaint be dealt with in one manner and if I go to the Federal Public Sector Labour Relations and Employment Board, would that complaint be dealt with in a different manner? If the CRTC puts forward one regulation or guideline on a barrier, would that be the same regulation or guideline as the CTA would put forward?

I will argue, and I think anybody who has dealt with the bureaucracy in government knows, that the more cooks in the kitchen, the more unlikely there will be any consistency in that recipe. Therefore, I am hopeful that, through the discussions we have had in these debates today and going forward, this will be one element of Bill C-81 that my colleagues across the way, or whoever is in government after October 21, will work hard to try and address.

This is not an amendment that was just raised by the Conservative, NDP and Green members who participated in the debate on this issue at committee. It was brought forward by just about every single stakeholder who provided testimony at committee.

I want to take a brief minute to read a quote directly about this issue. It is from a person who has been mentioned many times today, David Lepofsky. He is the chair of the Accessibility for Ontarians with Disabilities Act Alliance and is renowned in Ontario for his advocacy and work for people with disabilities. Ironically, he was also on our trip to Israel. The man is an unbelievable resource when it comes to Israeli history. I certainly enjoyed riding on the bus with him and picking his brain.

His comment on this is:

The federal government response to date has been inadequate. It simply said, “We'll have a policy that there will be no wrong door. Whichever agency you go to, no matter how confusing it is to figure it out—and believe me, it is confusing—if you go in the wrong door, we'll send you to the right door. Problem solved.” No, it isn't, because all that does is fix the problem of which door you go in. It does not solve the substantial problem that happens once you're inside that door. It means we have to lobby four agencies to get them up to the necessary level of expertise. It means we have to learn four different sets of procedures, because they may all use different procedures once you get inside the door. It means we have to go to agencies that may not have any expertise in disability and accessibility.

Further on he comments:

The fact is simply that the design of this bill, splintering among these agencies, serves only two interests: the bureaucracies that want to preserve their turf and those obligated organizations that would rather this law have weaker standards, slower implementation and weaker enforcement. That is not consistent with the federal government's commendable motivations and intentions under this legislation.

That is a direct quote from Mr. Lepofsky, the chair of the Accessibility for Ontarians with Disabilities Act Alliance, one of the foremost experts in Canada. He is talking about Bill C-81, the barrier-free Canada act, and his concerns with this key part of the legislation.

We are not raising this issue to try and delay this process. We are discussing these issues tonight to try to ensure we find ways in the future to strengthen this bill.

The next issue I want to raise which also was not addressed in the amendments that were brought forward by the Senate but was certainly a key amendment we brought forward at committee is the fact this legislation allows exemptions for different federal departments. We have heard tonight, and my colleague in his speech talked about it, that the government wants to ensure that every government department meets these regulations and standards.

The first problem with that is there are no regulations and standards in this legislation. It is very weak when it comes to any sort of metric to measure accountability or success. It also allows any federal government department, and this relates to only federally regulated entities, to request an exemption. Federal government departments would not have consistency across the board on how they implement whatever regulations or standards a future government imposes.

In my opinion, the federal government should be the one that is taking the lead and setting the example. Our hope in the committee, when we discussed this, was that the federal government would pass Bill C-81 which would send a message to the private sector and other entities across Canada that the federal government is taking this on and that they should be doing much the same.

What kind of message does it send to our stakeholders who took a lot of time out of their busy schedules to participate in this process? It sends the message that this is historic legislation but we are not going to ensure that it is measured the same across the government. Various departments, for whatever reason they bring forward, can request an exemption that could be granted by the minister. This sets a very poor example. We put forward amendments at committee to remove the ability for federal departments to request an exemption and those amendments were denied.

I am hoping we have a third chance. That was also discussed at the Senate but was not included in its amendments. I am hoping that we also have another opportunity in the future to address the exemptions. If we really want to talk about legislation that is historic and is a game-changer for Canadians with disabilities, we have to ensure that the federal government, and every department within that government, meets those standards. We cannot have a different playing field across the federal government. It again adds to that concern when it comes to the four different departments and those four different levels of bureaucracy that are going to be handling concerns and complaints.

The other issue I want to address as part of the discussion is the standards or the lack thereof. There are unknown timelines, no metrics to measure success and no accountability. We talked in committee about those things being added in the future.

My message today for my colleagues in this House is let us not forget that part of this bill. We do not want to pass this bill, have it get royal assent and then have it sit on a shelf somewhere. There is a lot of work left to put the meat on the bones of Bill C-81. I want to encourage my colleagues that we pick this up in the fall to ensure that we do that.

To that point, I want to mention a quote from another stakeholder who brought this forward. This is from Michael Prince, a professor of social policy at the faculty of human and social development at the University of Victoria. He said:

This bill, to me, with respect, reflects that it was written in the bubble of Ottawa. This is written from the point of view of traditional management focus, organizational focus. This is not people-centred. This is about departments making sure that in the negotiations and drafting of this bill, exemptions and deals were cut.

Further on he said:

This is basically a machinery-of-government bill. There's not much social policy or public policy in this bill. This should be about people front and centre. I get that we have to have administrative enforcement and compliance, and on that note I'd like to see a lot more about incentives and education.

That again just goes to the fact that there are concerns from stakeholders with this bill.

My colleague from Edmonton—Wetaskiwin talked a great deal about permissive language. I will not go into that in detail as my colleague has already done that.

What has been talked about is that the motto of Canadians with disabilities has been “nothing about us without us”. All of us in this House can agree with that. It is very important that we all support Bill C-81. We are doing that. It is also important that we remember that phrase “nothing about us without us”. We have to ensure that Canadians with disabilities are included in this bill. Unfortunately, in my opinion, many of the concerns that they raised, which we tabled as part of those dozens of amendments, were not passed and were ignored. I am hoping as we move forward we will remember “nothing about us without us”.

Accessible Canada ActGovernment Orders

May 28th, 2019 / 9:10 p.m.
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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, this has come up many times over the debate today, but I want to stress the fact that we are debating this because our stakeholders have told us that there are shortcomings within the legislation. As much as we support Bill C-81, there is no question that our stakeholders have told us there are still some gaps that they would like addressed. This was very clear when we had every opposition party in the House agree on more than 60 amendments to the bill. However, the Liberals at committee voted down each and every one of those amendments. In fact, we sat until midnight to try to get this through committee as quickly as possible. Therefore, I am thankful the Senate agreed with our amendments and that the minister has agreed to support some of them.

However, one amendment was not supported, and that was the fact that there were too many doors to try to address an issue. That was from stakeholders. For example, there is the Accessibility Commissioner, the CRTC, CTA, the Federal Public Sector Labour Relations and Employment Board. There will be no consistency in how these regulations or complaints will be addressed.

I would like my colleague to address one of those major concerns as brought up by our stakeholders.

Accessible Canada ActGovernment Orders

May 28th, 2019 / 8:50 p.m.
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Conservative

Mike Lake Conservative Edmonton—Wetaskiwin, AB

Madam Speaker, it is a pleasure to continue the speech I was making earlier. It is a little strange to continue after seven hours. I feel like I need to reiterate what I said before, but I will not tell all of the stories I told before.

It is very important to reiterate for people just tuning in to the debate on Bill C-81 that this is a rare situation in the House of Commons, in that the government has put forward legislation and all of the parties are supporting it. We have a great opportunity. As we are having the debate and as we are discussing the pros and cons of the legislation before us, stakeholders know that this bill will in fact pass. What we are doing right now is an important part of the process. It is an opportunity to have a conversation about it in the House of Commons and to bring up some of the concerns that stakeholders might have.

We are dealing with a bit of an odd situation this time around in that the purpose of the debate is to bring forward concerns and have the opportunity to talk about what we have heard from stakeholders. Most times we have the opportunity to actually ask the government questions in the process of the debate. However, what we have noticed over the last couple of hours of this debate, and anticipate tonight in the debate, is that the Liberal members of Parliament are not going to speak. They did not speak earlier.

There is an interesting consequence of that. I am being heckled by the government House leader right now saying that they want the bill to pass. However, everybody in the House knows that the bill is is going to pass. What we have before us now is an opportunity to debate the merits of the bill as amended, to talk about the benefits of it, to maybe talk about some of the challenges that have been brought up by stakeholders and have the opportunity to ask each other questions.

We would hope there would be Liberal members of Parliament willing to stand up to speak to the merits of the bill and then to take questions from the opposition members, from both the Conservative Party and the New Democratic Party, who have valid concerns that we have heard from stakeholders. These concerns will not be a surprise to the government, because the government has heard those concerns at committee.

The bill has been before committee. Stakeholders have reached out to members of all parties, presumably, to make their views known. There are still some concerns that remain. I will speak to a couple of those concerns. Most of the concerns revolve around the question of whether the bill, as supported by all parties, will create real action, meaningful action and have a meaningful impact for Canadians with disabilities.

While everybody agrees that the bill should be passed now so that we have something before the election, that this is indeed a step forward and everybody in the House agrees that this is a step forward, many of the stakeholders expressed concerns that the bill in fact could have been better.

This is an important part of the conversation, to have this discussion in the House of Commons and be able to go back and forth, talking about how we, as parliamentarians, might make life better for Canadians with disabilities, even moving beyond this bill. Some of us will be here in the next Parliament and will have further opportunities to improve the lives of Canadians with disabilities. This debate is an important part of the process. However, we do not have the opportunity, interestingly, in this debate to actually ask the government questions, because the government is not putting up any speakers in this conversation. That seems rather odd, given that everybody in the House knows that this bill is going to pass.

I would point out one of the questions from stakeholders. I will not even put it in my own words. I am going to refer to a brief from ARCH Disability Law Centre, which was posted after the Senate committee passed its amendments. In this brief, while the ARCH Disability Law Centre urged parliamentarians to pass the bill and, again, all of us are in favour of doing that, it stated:

A number of weaknesses remain in Bill C-81. One such weakness is the use of permissive language “may” rather than directive language “shall” or “must”. This language gives government and other bodies power to make and enforce accessibility requirements, but does not actually require them to use these powers. For example, the Bill allows the Government of Canada to make new accessibility regulations but does not require them to do so. Therefore, there is no assurance that such regulations, a cornerstone for advancing accessibility, will ever be made.

It goes on to state:

In addition to the amendments, the Senate Committee reported 2 observations to Bill C-81. The first addresses the concern expressed by many in the disability community that federal funding may continue to be spent on projects that perpetuate barriers. The observation encourages the federal government to ensure that any federal public money should not be used to create or perpetuate disability related barriers when it is reasonable to expect that such barriers can be avoided. The second observation emphasizes the importance of training in achieving a barrier-free Canada. It encourages the government to create standardized, effective training to ensure that all persons in Canada can expect the same level of access to all government services.

The brief from the ARCH Disability Law Centre goes on to say, “ARCH is pleased that in response to submissions by disability communities across Canada, the Senate made a number of important amendments to strengthen Bill C-81.”

Members from all sides of the House who have spoken to this have commended the Senate committee for making those amendments and the Senate for passing them.

Of course, at that time, the Senate had not passed the legislation, but the brief from the ARCH Disability Law Centre urges the Senate and the House of Commons to act quickly to allow enough time for the bill to finish it journey through the legislative process, before the fall federal election is called.

That journey through the legislative process includes debate in the House. The bill was amended, it has come back before the House and we have an opportunity to debate it.

Again, the government is in full control of the House agenda. The government has used closure dozens of times to limit debate in the House and to force votes. It can certainly do that in this case if it chooses to do so. However, there is absolutely no question that the bill will be passed within the next couple of weeks for sure. It could be passed this week if the government so chooses to ensure it does get passed this week. However, there is absolutely no question and no debate that I have heard among parties, at least the parties that have official standing in the House, that the bill will pass. The bill has unanimous support in the House and it will absolutely pass and become the law of Canada.

It has taken three and a half years and four different appointments to the disability file, with respect to ministers in charge of this file, by the government. It is unfortunate that it has come down to the last month the House is sitting to get the bill passed. In fact, it is unbelievable. It is also unbelievable that after all that time, we are sitting in the House of Commons and we are being denied, as an opposition, the chance to question government members of Parliament on important views and important questions that stakeholders have with regard to the bill.

I am sure government members will have questions of me, and I am glad to take those questions. I would really like to have that opportunity. I cannot refer to the presence of government members in the House, but earlier today there had to be a quorum call to get the right number of members in the House to continue the debate.

My hope is that over the course of the next three hours, given that we are staying here later to discuss and debate legislation on the government agenda, government members will stand, debate the legislation, speak to the merits of it and then take questions from members of the opposition on it.

It is really important to me to reiterate the fact that when the legislation was before the House, we supported it then. We supported it at each reading. At committee, the Conservative members moved more than 60 amendments, amendments that had been brought forward by stakeholders and the Liberal government accepted three of the over 60 amendments.

I am getting corrected. Apparently, a Liberal member is now correcting me, saying it is actually 70 amendments. I do not know who is heckling me over there. It is hard to tell.

The fact is that we moved over 60 amendments and three of them were accepted. Those amendments were put forward by stakeholders. It is an important part of the debate to have the opportunity.

If the hon. government House leader wants to speak, Madam Speaker, perhaps she could get up at some point in this debate and defend her government's legislation and answer some questions from members of the opposition. She is heckling across the floor.

The House resumed consideration of the motion in relation to the amendments made by the Senate to Bill C-81, An Act to ensure a barrier-free Canada.

Extension of Sitting HoursGovernment Orders

May 28th, 2019 / 7:30 p.m.
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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, moving a motion to extend the sitting hours of the House is not a great way to close out the last session of the 42nd Parliament of Canada. We are not opposed to working late every evening. We want to work and make progress on files.

Once again, we take issue with the means the government is using to get all members to work a little harder because the session is ending and these are the last days of this Parliament. The other items in the motion do not concern the extension of sitting hours. We take issue with the government's approach, which prevents the opposition from doing its job properly. It is handcuffing the opposition and moving the government's agenda along as quickly as possible, not based on what parliamentarians may have to say, but on what the government wants.

This is not new to us, given how the government has handled the legislative process throughout its mandate. The government has been unable to advance a decent legislative agenda. I am the opposition agriculture and agri-food critic. I spoke to my predecessors, and we have been waiting for the Minister of Agriculture to introduce a bill to improve the lives of Canadian farmers since my appointment two years ago.

When I look at all the agriculture documents and bills this government has introduced since it was elected in 2015, it is clear to me that the government has achieved nothing. Absolutely no legislation was proposed to improve the lives of Canadian farmers.

However, numerous bills were introduced. Now, the government is saying that the situation is urgent and that we must move quickly and pass this legislation. A number of bills were not passed by the government, and now time is of the essence.

Of all of the bills that were not passed, some never even moved forward. We have, for example, Bill C-5, introduced on February 5, 2016; Bill C-12, introduced on March 24, 2016; Bill C-27, introduced on October 19, 2016; Bill C-28, introduced on October 21, 2016; Bill C-32, introduced on November 15, 2016; and Bill C-33, introduced on November 24, 2016. The Liberals have had four years to move these bills forward.

All of a sudden, the government claims that these bills need to be passed urgently. After the vote this evening we will debate Bill C-81, which was introduced on June 20, 2018. It has been nearly a year. We are being told that this bill is urgent and must absolutely be passed, but the government was unable to bring it forward earlier.

If this is so urgent, why did the government not bring up this bill more regularly in the House? Why did we not talk about it on a regular basis? All of a sudden, we need to pass it quickly because the Liberals have realized that they are going to run out of time. The government was unable to manage the House. It was unable to give parliamentarians an opportunity to do their work and to speak about important bills. The Liberals have realized at the last minute that they have forgotten this and that. There is an election coming up in the fall and now parliamentarians have to do the work to pass this or that bill.

The government chose to impose late sittings on the House for 18 days while also moving a time allocation motion, which means that we will not even have the chance to talk about it for long. If we refer to the Standing Orders, the government could have extended sitting hours for the last 10 days of the session, as provided for in our normal parliamentary calendar. That is what it could have done, and it would have been entirely doable.

I would like to talk about one of the Standing Orders. Even though the standing order that governs the extension of sitting hours in June has been in effect since 1982, it is not used every year. In some cases, special orders were proposed and adopted instead, usually by unanimous consent.

Parliamentarians are here to represent the people in their ridings. According to the Standing Orders, anyone who wants to change the rules to move things along has to seek the unanimous consent of the House.

Unfortunately, this government does not really seem to care about unanimous consent. It does not really seem to care what the opposition thinks or has to say even though, just like MPs on government benches, we represent all the people of our ridings. The least the government could do, out of respect for Canadian voters, is respect people in opposition. We have a role to play.

Unfortunately, our role is not to agree all the time and say the government is doing a good job. On the contrary, our role is to try to point out its failings so it can improve. Basically, the opposition's role is to make the government better by pointing out its mistakes and bad decisions so the government can reflect on that and find better solutions for all Canadians. However, the government does not seem willing to take that into account.

On top of that, there are two opposition days left. I mentioned the negative effects of the motion. The government is proposing to extend the hours in the House, but what it failed to mention is that it is going to deny the opposition the opportunity to have two full opposition days to address situations that are very troubling to Canadians.

For instance, during a normal opposition day during which we might hear from a number of stakeholders, we could have talked about the canola crisis, which is affecting thousands of canola producers across Canada. This crisis, which involves China, is costing Canadian canola producers billions of dollars. For all members who have canola farmers among their constituents, it would have been an opportunity to express the concerns of their fellow citizens and farmers in their regions. Perhaps we could have convinced the government to take action, such as filing a complaint through the World Trade Organization to condemn China's actions or appointing an ambassador, for example. As peculiar as it may seem, Canada currently has no representative in China to speak with Chinese authorities.

We could have had such a debate here in the House.

The one thing that the members across the aisle seem to have forgotten is that members of the House are not the government. The government is the ministers, the cabinet members. In this chamber, people have the right to speak their minds in the hope of swaying the government.

It is true that the government is formed by the party with the most members elected to the House, but it is also up to backbench members of the ruling party to try to persuade their government and speak for the people they represent, such as the farmers in their ridings. Sadly, the members on that side of the House seem to be divorced from reality. They seem to be blind to the government's desire to crush Parliament, to crush the MPs who are trying to do a good job of representing the constituents of every riding. I think that is a real shame.

We have absolutely nothing against extending the sitting hours of the House, but if it is intended to cover up the government's mistakes and its inability to properly organize the work of the House, then I think that is disgraceful.

The government is using this kind of motion to not only make us work more, which, as I mentioned, we agree with, but also deprive us of our last remaining tools, like the voting marathons everyone remembers. We held those voting marathons to make the government realize it cannot do whatever it wants in the House of Commons. The House of Commons is not the tool of the government. This motion to extend the sitting hours also prevents us from using that tool, which was a powerful means for us to send the government a message.

After making such grand promises of transparency and openness, this government has failed spectacularly to deliver. Sadly, its latest motion on the rules of the House just proved beyond a shadow of a doubt that it has no respect for the work of the House. It saddens me to see a government ending its term on such a sour note.

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May 28th, 2019 / 5:20 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I suspect that if members were to review Hansard, they would find that legislation can pass very fast in the House. It can pass from second reading to committee stage to third reading virtually in one day, if it is deemed to be supported by both sides of the House through unanimous consent.

I am very sensitive to the Bill C-81 issue. If every member of the House were to speak for one minute, that would be 338 minutes. In terms of speaking, it is just not practical. That is the reason why we have caucuses and why we go to committee. There are plenty of opportunities.

I believe that those who want to get engaged could bring it to their House leadership, and even the independents are always afforded the opportunity if they go through the House leadership teams. It does not mean they have to go through the House leadership teams, but if it is something important, that is one of the things I would recommend. However, it is not compulsory. Everyone has the opportunity to stand and address the House when the floor is vacant.

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May 28th, 2019 / 5:20 p.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, my colleague pointed out that there are legitimate tools the government needs to use in order to pass legislation. He has talked about time allocation, extending the hours and things like this, but the frustration on the opposition side is that, if we count them, there are 20 bills the government wants to move forward and there are only 20 days remaining.

He brought up the example this morning of Bill C-81 regarding accessibility, saying there has been some obstruction on this side. I was in the House earlier today and would have liked an opportunity to speak to the bill. As many people in the House know, I have a son who has been diagnosed on the spectrum, and it is a very important bill. Sixty amendments were put forward at committee, and the government chose to include only three. Our job is to make it a better bill, and if we can do that, all of us win. I commend the government for bringing this legislation forward, because it is important legislation, and I will be supporting it. If it is not a perfect bill, it is a start, and we can move forward with that.

There are 20 days remaining, and there are 20 bills. Does my colleague really think there is enough time to properly debate these 20 bills in the next 20 days? Does he not think the government should have had better organizational skills to get these important bills passed?

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May 28th, 2019 / 5:15 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I have been a parliamentarian for almost 30 years. Most of those years were in opposition. I can tell the member that I know how to recognize a filibuster when I see a filibuster.

At the end of the day, the member will have to reconcile within his House leadership team why the Conservative Party chose not to pass Bill C-81 this morning. To try to imply that there are endless members who want to speak to it or that it was necessary to prolong the process, I would welcome a debate where we could both go into a community and have that endless debate. I feel very comfortable with the experience I have. He would have to justify it within his own House leadership.

For me, personally, I look at the behaviour of the official opposition. Let us keep in mind that the official opposition, on several occasions, has become tired of sitting and has attempted to adjourn the House. The opposition will cause the bells to ring to prevent debating bills or will attempt to adjourn for the day. They would adjourn debate on other pieces of legislation. These are all tools that are used to prevent legislation from passing.

I will give the Conservatives this much. They are very good at being the opposition and I hope they are going to stay in opposition for many years to come.

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May 28th, 2019 / 5:10 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, with all due respect, my friend's comments were even more ridiculous than usual.

When the government insists on debasing our institutions through its corruption, we will hold it to account, whether it is budget day or any other day. That is exactly what we did and what we will continue to do. Canadians expect us to defend the integrity of their institutions, whatever the issue of the day is.

I want to respond to some of the things the member said about Bill C-81. I think he should know better than to present misleading information about what actually took place with this bill.

The government waited until very late in the life of this Parliament to bring this bill forward. It rejected multiple opposition amendments at committee that would have strengthened this bill. The government therefore sent a flawed bill to the Senate, which necessitated amendments to be proposed by the Senate, which meant that after amendments were proposed, the bill would have to come back to the House.

Still, when the bill came back to the House, the government did not bring the bill forward at the earliest opportunity. It could have been brought forward last week. The government could have used Standing Order 53 to try to expedite it. I suspect there would have been interest in doing that from this side of the House.

However, to expedite the debate beginning, because the debate has to take place, the government chose, after all these mistakes, to bring this bill forward for the first time this morning. Absolutely, the opposition is prepared to debate and highlight the areas in which the government has fallen short, and ultimately to support the bill's passage. That is a certainty.

The member accused me of filibustering, but I think he knows that if I was trying to filibuster something, I would still be talking on it right now. I gave a speech. I delivered important points about the government's failures on the bill. Why is the government so upset? It did not want the bill to be criticized.

We support the bill but there are things that the stakeholder community believes needed to be included in it that were not included. The importance of the topic is precisely why these points have to be made. If it was not an important topic, we would not need to talk about it. However, given the critical importance of the topic, we needed to talk about it.

Could the member tell us why the government failed to bring forward this bill yesterday or last week? Why did it fail to bring forward the bill at the earliest opportunity it could?

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May 28th, 2019 / 5 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we had a very good example this morning with the member across the way.

Contrast that to another example where we had legislation which members of the New Democratic Party recognized that they actually liked. I think it was Bill C-37. I could be wrong on that but if members did a quick check of Hansard, they would be able to find out when members of the NDP supported time allocation. They wanted us to pass that legislation. They recognized the value and importance of that legislation. That is not the only time they did that. The NDP members on a couple of occasions have recognized that they like the legislation and want it to pass and have therefore supported our bringing in time allocation.

What we know is that all parties in this House actually support the concept of time allocation, if it is deemed necessary. Even when I sat in opposition, Peter Van Loan would bring in time allocation, and I remember standing in my place and supporting it, because if one is not getting the support and co-operation from opposition parties in particular and from the government at times, one may need to use time allocation. A lot depends on what is happening in the opposition benches.

I know the government House leader continues to want to work with opposition members. If the government House leader asks how many speakers a party would like to put forward on something or how quickly might we be able to get a piece of legislation through, it is not some sort of trap for the opposition parties. It is to allow for more debate on issues which the opposition members would like to have more debate on.

There are bills that are relatively non-controversial, like Bill C-81, which is historical legislation. I am not going to say that members should not be debating the bill, but based on my 30 years of parliamentary experience, when the will is there to see a bill pass, it passes really quickly as opposed to there being a filibuster. Maybe it would have been better to allow Bill C-81 to actually pass today. I would argue that would have been the right thing to do.

I listened very closely to the member for Sherwood Park—Fort Saskatchewan across the way. All he would say is that it will pass in due time and before the next election it will be passed. He indicated his support for it on behalf of the Conservative Party. The member is playing a game and he knows it. If the Conservative Party really wanted to, that bill could have passed and we could have been debating something else right now. We needed to get an indication to help facilitate debate inside the House.

There are many issues that I would like to debate and, in good part, I have been fortunate to have been afforded the opportunity to do that. The NDP House leader talked about an issue which I am very passionate about: pharmacare. That is not an NDP issue, although the NDP tries to claim it as one. Nothing could be further from the truth. It is an issue today because we have a Prime Minister who is committed to ensuring that we expand our health care system. That is the reason the NDP is talking about it today. It was years ago, when we first came in as government, through a standing committee that the idea started to really flourish.

I participate in a caucus and I have many discussions with my colleagues. We understand the value of it. We understand that we have to work with many different stakeholders. Then the NDP members catch wind of it and all of a sudden they say that they to get out in front of the Liberals on it. That is balderdash.

The NDP does not get credit for something of this nature. If anyone should get the credit, it is Canadians. It is Canadians who have been communicating, whether through the Prime Minister or through members of our caucus, about the importance of pharmacare. That is the reason we have prioritized it. We are looking forward to the report we will be getting toward the end of June.

NDP members talk about housing as if they are leading the file. Who are they kidding? I enjoy listening to the Parliamentary Secretary to the Minister of Families, Children and Social Development. He is one of the most able-minded individuals I know, and he understands the issues of housing in Canada.

In the last federal election, the commitment the NDP made with regard to housing pales in comparison to what this government has put into place. I find it somewhat humorous that the NDP has attempted to stake claim to an area in which this government has moved forward.

From day one, whether in regard to budgetary measures or legislative measures, this government and the Prime Minister have been focused on Canada's middle class. Let us talk about our first piece of legislation. Bill C-2 provided a tax cut to Canada's middle class. Hundreds of millions of dollars are going into the pockets of Canadians. At the same time, the legislation allowed for a special increase in tax for Canada's wealthiest 1%. By the way, the Conservatives and the NDP voted against that.

That was a legislative measure. In our very first budget, we committed to a tax-free Canada child benefit program. Again, this is putting hundreds of millions of dollars into the pockets of almost nine out of 10 families, although I could not tell members the actual percentage. That initiative literally lifted hundreds of thousands of children out of poverty, and the Conservatives and NDP voted against it.

That is why I say that from day one, this government, whether through budgetary measures or legislative measures, has been very active at ensuring we continue to move forward. However, in virtually every initiative we have undertaken, and Bill C-81 is more of an exception, opposition parties have fought us.

Let us recall the last federal budget. Before I comment on some of the content of it, do members remember the day of the federal budget? It was not a good day for parliamentarians. The Minister of Finance wanted to address the House and Canada. All sorts of stakeholders were waiting to hear about the budget. Do members remember the behaviour of members of the official opposition? They were yelling and slamming their desks. They did not want the Minister of Finance to be heard. In my 30 years of parliamentary experience, I had never witnessed that sort of inappropriate behaviour coming from the official opposition. It was embarrassing.

The Conservatives are very focused on trying to discredit the person of the Prime Minister. We can hear it in their speeches. It is the personal attacks, whether directed at the Prime Minister or the Minister of Finance. That is fine. It is the Stephen Harper type of politics, with more and more of Doug Ford's style getting into their caucus and in their policies. It is scary stuff.

One member opposite said that he is going to join our caucus. I believe that could happen sometime soon. If I were to speculate on the Conservative leadership at the end of the year or in 2020, I am thinking it could be Doug Ford, Jason Kenney, maybe the opposition House leader, and I do not know who else.

The bottom line is the Conservatives are so focused on character assassination instead of being a constructive opposition party. That is okay, because as they focus on that negativity, we will continue to focus on Canadians. The results are really showing in a tangible way.

I made reference to the hundreds of thousands of children, and there are also hundreds of thousands of seniors who have been lifted out of poverty as a direct result of this government's actions. In the last three and a half years, we have seen one million new jobs created by working with Canadians. We have seen incredible investments in infrastructure. In the last budget alone, there is a commitment to municipalities. In Winnipeg, I believe it is about 35 million additional dollars. If members were to drive around some of our streets, they would get a better appreciation of why that is such an important investment.

I started off talking about the historical legislation of Bill C-81. We have indigenous legislation that is before the House on language and foster care. These are critically important issues. It is historic legislation. These are two pieces of legislation that we still need to pass. That is why I am here standing in my place saying that we still have 19 days to go. Unlike the Conservatives and the New Democrats, we are prepared to work until the very last day. We are prepared to work late. We have a legislative agenda and we are committed to passing that legislation. We know that this government works for Canadians in every region of our country every day.

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May 28th, 2019 / 4:50 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, before I get under way with my comments, I want to reflect on the previous speaker's comments and address many aspects of them during my speech.

If we look at what has transpired over the last number of years, we have seen a great deal of change in committees. I sat in opposition when Stephen Harper was the prime minister, and I understand very clearly that when he was the prime minister, opposition members' amendments were never passed at committee. It just did not happen, unless one were a government member. Opposition members did not have their amendments passed during the time I was here under a majority Stephen Harper government.

However, to try to give the impression that this government has behaved in the same fashion is just wrong, because it is just not true. This government, on multiple pieces of legislation, has not only approached standing committees in a different fashion from the previous Stephen Harper government, but also, members will find that the current government has accepted numerous amendments to our legislation, whether they be from New Democrats, Conservatives or even the Green Party. That is something we did not witness under Stephen Harper, but something that we have seen here.

Also, in response to the opposition's effort to claim there has been no change, we can just look at the parliamentary secretaries. When I had sat on the procedure and House affairs committee, the Conservative parliamentary secretary was there and led the committee. As the parliamentary secretary related in regard to that particular committee today, I do not even attend that committee.

There is a substantial difference between this Prime Minister and Stephen Harper. There is a lot more transparency and accountability with this Prime Minister than the former prime minister on a number of different fronts.

However, for those who might be following, we are having this debate because the government has decided, as previous governments have done in the past, including Stephen Harper's, that as we get into June, there will at times be a need to have extended sitting hours. There is nothing new in that. As I said, Stephen Harper did so, and prime ministers before him have also done so. We have extended hours because, like Canadians, we believe that we should continue to work every day that we sit, and if we have to put in extra hours to pass more legislation, why not?

It is interesting listening to the Conservatives talk about last-minute legislation. What do they expect? We are now at the end of May. Do they just want the government to shut the doors and stop debate on all legislation? Maybe the NDP and Conservatives would like to operate that way, but we as a government are committed to working hard for Canadians every day, and members will see that with the different types of initiatives we have taken, whether it be legislative action, budget actions or just trying to build consensus.

Today is an excellent example, because we saw a lot of games being played by the opposition parties. They ask why we bring in time allocation or closure, and they challenge us, especially me when I stand to talk about the benefits of using time allocation. However, so that those listening can understand what is actually taking place, they need to recognize that there is legislation the government has introduced that the NDP will never, ever support, unless we delete the entire bill by way of an amendment. That is an absolute guarantee: there is legislation the NDP will never, ever support.

The trade agreement is a good example. We have had a number of trade agreements from this government, and every time, the NDP members vote against them. If it were up to them, agreements would never be allowed to go to a vote. Equally, there is legislation here that we have introduced that the Conservatives would never, ever support and have voted against. They will go out of their way to prevent the legislation from passing.

We could have the Conservatives saying no to legislation, with the NDP, the Greens and the government saying yes, but if the Conservatives wanted to, they could prevent the legislation from passing. All they have to do is to speak to the legislation, propose an amendment and speak endlessly. We had a good example of that today.

We are talking about disabilities and Bill C-81. What are the principles of the bill? The main principles are inherent dignity, equality, opportunity, barrier-free government, autonomy, inclusive design and meaningful involvement. This is legislation that every member in the chamber, I believe, will vote in favour of. No one is going to dispute it.

Then we had the first Conservative speaking to the legislation, the member for Sherwood Park—Fort Saskatchewan, who spoke for 95 minutes—