Bill C-19

Budget Implementation Act, 2022, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures

Part 1 implements certain income tax measures by
(a) providing a Labour Mobility Deduction for the temporary relocation of tradespeople to a work location;
(b) allowing for the immediate expensing of eligible property by certain Canadian businesses;
(c) allowing the Children’s Special Allowance to be paid in respect of a child who is maintained by an Indigenous governing body and providing consistent tax treatment of kinship care providers and foster parents receiving financial assistance from an Indigenous governing body and those receiving such assistance from a provincial government;
(d) doubling the allowable qualifying expense limit under the Home Accessibility Tax Credit;
(e) expanding the criteria for the mental functions impairment eligibility as well as the life-sustaining therapy category eligibility for the Disability Tax Credit;
(f) providing clarity in respect of the determination of the one-time additional payment under the GST/HST tax credit for the period 2019-2020;
(g) changing the delivery of Climate Action Incentive payments from a refundable credit claimed annually to a credit that is paid quarterly;
(h) temporarily extending the period for incurring eligible expenses and other deadlines under film or video production tax credits;
(i) providing a tax incentive for specified zero-emission technology manufacturing activities;
(j) providing the Canada Revenue Agency (CRA) the discretion to accept late applications for the Canada Emergency Wage Subsidy, the Canada Emergency Rent Subsidy and the Canada Recovery Hiring Program;
(k) including postdoctoral fellowship income in the definition of “earned income” for RRSP purposes;
(l) enabling registered charities to enter into charitable partnerships with organizations other than qualified donees under certain conditions;
(m) allowing automatic and immediate revocation of the registration of an organization as a charity where that organization is listed as a terrorist entity under the Criminal Code ;
(n) enabling the CRA to use taxpayer information to assist in the collection of Canada Emergency Business Account loans; and
(o) expanding capital cost allowance deductions to include new clean energy equipment.
It also makes related and consequential amendments to the Excise Tax Act , the Children’s Special Allowances Act , the Excise Act, 2001 , the Income Tax Regulations and the Children’s Special Allowance Regulations .
Part 2 implements certain Goods and Services Tax/Harmonized Sales Tax (GST/HST) measures by
(a) ensuring that all assignment sales in respect of newly constructed or substantially renovated residential housing are taxable supplies for GST/HST purposes; and
(b) extending eligibility for the expanded hospital rebate to health care services supplied by charities or non-profit organizations with the active involvement of, or on the recommendation of, either a physician or a nurse practitioner, irrespective of their geographic location.
Part 3 amends the Excise Act, 2001 , the Excise Act and other related texts in order to implement three measures.
Division 1 of Part 3 implements a new federal excise duty framework for vaping products by, among other things,
(a) requiring that manufacturers of vaping products obtain a vaping licence from the CRA;
(b) requiring that all vaping products that are removed from the premises of a vaping licensee to be entered into the Canadian market for retail sale be affixed with an excise stamp;
(c) imposing excise duties on vaping products to be paid by vaping product licensees;
(d) providing for administration and enforcement rules related to the excise duty framework on vaping products;
(e) providing the Governor in Council with authority to provide for an additional excise duty in respect of provinces and territories that enter into a coordinated vaping product taxation agreement with Canada; and
(f) making related amendments to other legislative texts, including to allow for a coordinated federal/provincial-territorial vaping product taxation system and to ensure that the excise duty framework applies properly to imported vaping products.
Division 2 of Part 3 amends the excise duty exemption under the Excise Act, 2001 for wine produced in Canada and composed wholly of agricultural or plant product grown in Canada.
Division 3 of Part 3 amends the Excise Act to eliminate excise duty for beer containing no more than 0.5% alcohol by volume.
Part 4 enacts the Select Luxury Items Tax Act . That Act creates a new taxation regime for domestic sales, and importations into Canada, of certain new motor vehicles and aircraft priced over $100,000 and certain new boats priced over $250,000. It provides that the tax applies if the total price or value of the subject select luxury item at the time of sale or importation exceeds the relevant price threshold. It provides that the tax is to be calculated at the lesser of 10% of the total price of the item and 20% of the total price of the item that exceeds the relevant price threshold. To promote compliance with the new taxation regime, that Act includes modern elements of administration and enforcement aligned with those found in other taxation statutes. Finally, this Part also makes related and consequential amendments to other texts to ensure proper implementation of the new tax and to ensure a cohesive and efficient administration by the CRA.
Division 1 of Part 5 retroactively renders a provision of the contract that is set out in the schedule to An Act respecting the Canadian Pacific Railway , chapter 1 of the Statutes of Canada, 1881, to be of no force or effect. It retroactively extinguishes any obligations and liabilities of Her Majesty in right of Canada and any rights and privileges of the Canadian Pacific Railway Company arising out of or acquired under that provision.
Division 2 of Part 5 amends the Nisga’a Final Agreement Act to give force of law to the entire Nisga’a Nation Taxation Agreement during the period that that Taxation Agreement is, by its terms, in force.
Division 3 of Part 5 repeals the Safe Drinking Water for First Nations Act .
It also amends the Income Tax Act to exempt from taxation under that Act any income earned by the Safe Drinking Water Trust in accordance with the Settlement Agreement entered into on September 15, 2021 relating to long-term drinking water quality for impacted First Nations.
Division 4 of Part 5 authorizes payments to be made out of the Consolidated Revenue Fund for the purpose of addressing transit shortfalls and needs and improving housing supply and affordability.
Division 5 of Part 5 amends the Canada Deposit Insurance Corporation Act by adding the President and Chief Executive Officer of the Canada Deposit Insurance Corporation and one other member to that Corporation’s Board of Directors.
Division 6 of Part 5 amends the Federal-Provincial Fiscal Arrangements Act to authorize additional payments to the provinces and territories.
Division 7 of Part 5 amends the Borrowing Authority Act to, among other things, count previously excluded borrowings made in the spring of 2021 in the calculation of the maximum amount that may be borrowed. It also amends the Financial Administration Act to change certain reporting requirements in relation to amounts borrowed under orders made under paragraph 46.1(c) of that Act.
Division 8 of Part 5 amends the Pension Benefits Standards Act, 1985 to, among other things, permit the establishment of a solvency reserve account in the pension fund of certain defined benefit plans and require the establishment of governance policies for all pension plans.
Division 9 of Part 5 amends the Special Import Measures Act to, among other things,
(a) provide that assessments of injury are to take into account impacts on workers;
(b) require the Canadian International Trade Tribunal to make inquiries with respect to massive importations when it is acting under section 42 of that Act;
(c) require that Tribunal to initiate expiry reviews of certain orders and findings;
(d) modify the deadline for notifying the government of the country of export of properly documented complaints;
(e) modify the criteria for imposing duties in cases of massive importations;
(f) modify the criteria for initiating anti-circumvention investigations; and
(g) remove the requirement that, in order to find circumvention, the principal cause of the change in a pattern of trade must be the imposition of anti-dumping or countervailing duties.
It also amends the Canadian International Trade Tribunal Act to provide that trade unions may, with the support of domestic producers, file global safeguard complaints.
Division 10 of Part 5 amends the Trust and Loan Companies Act and the Insurance Companies Act to, among other things, modernize corporate governance communications of financial institutions.
Division 11 of Part 5 amends the Insurance Companies Act to permit property and casualty companies and marine companies to not include the value of certain debt obligations when calculating their borrowing limit.
Division 12 of Part 5 enacts the Prohibition on the Purchase of Residential Property by Non-Canadians Act . The Act prohibits the purchase of residential property in Canada by non-Canadians unless they are exempted by the Act or its regulations or the purchase is made in certain circumstances specified in the regulations.
Division 13 of Part 5 amends the Parliament of Canada Act and makes consequential and related amendments to other Acts to, among other things,
(a) change the additional annual allowances that are paid to senators who occupy certain positions so that the government’s representatives and the Opposition in the Senate are eligible for the allowances for five positions each and the three other recognized parties or parliamentary groups in the Senate with the greatest number of members are eligible for the allowances for four positions each;
(b) provide that the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate are to be consulted on the appointment of certain officers and agents of Parliament; and
(c) provide that the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate may change the membership of the Standing Senate Committee on Internal Economy, Budgets and Administration.
Division 14 of Part 5 amends the Financial Administration Act in order to, among other things, allow the Treasury Board to provide certain services to certain entities.
Division 15 of Part 5 amends the Competition Act to enhance the Commissioner of Competition’s investigative powers, criminalize wage fixing and related agreements, increase maximum fines and administrative monetary penalties, clarify that incomplete price disclosure is a false or misleading representation, expand the definition of anti-competitive conduct, allow private access to the Competition Tribunal to remedy an abuse of dominance and improve the effectiveness of the merger notification requirements and other provisions.
Division 16 of Part 5 amends the Copyright Act to extend certain terms of copyright protection, including the general term, from 50 to 70 years after the life of the author and, in doing so, implements one of Canada’s obligations under the Canada–United States–Mexico Agreement.
Division 17 of Part 5 amends the College of Patent Agents and Trademark Agents Act to, among other things,
(a) ensure that the College has sufficient independence and flexibility to exercise its corporate functions;
(b) provide statutory immunity to certain persons involved in the regulatory activities of the College; and
(c) grant powers to the Registrar and Investigations Committee that will allow for improved efficiency in the complaints and discipline process.
Division 18 of Part 5 enacts the Civil Lunar Gateway Agreement Implementation Act to implement Canada’s obligations under the Memorandum of Understanding between the Government of Canada and the Government of the United States of America concerning Cooperation on the Civil Lunar Gateway. It provides for powers to protect confidential information provided under the Memorandum. It also makes related amendments to the Criminal Code to extend its application to activities related to the Lunar Gateway and to the Government Employees Compensation Act to address the cross-waiver of liability set out in the Memorandum.
Division 19 of Part 5 amends the Corrections and Conditional Release Act to restrict the use of detention in dry cells to cases where the institutional head has reasonable grounds to believe that an inmate has ingested contraband or that contraband is being carried in the inmate’s rectum.
Division 20 of Part 5 amends the Customs Act in order to authorize its administration and enforcement by electronic means and to provide that the importer of record of goods is jointly and severally, or solidarily, liable to pay duties on the goods under section 17 of that Act with the importer or person authorized to account for the goods, as the case may be, and the owner of the goods.
Division 21 of Part 5 amends the Criminal Code to create an offence of wilfully promoting antisemitism by condoning, denying or downplaying the Holocaust through statements communicated other than in private conversation.
Division 22 of Part 5 amends the Judges Act , the Federal Courts Act , the Tax Court of Canada Act and certain other acts to, among other things,
(a) implement the Government of Canada’s response to the report of the sixth Judicial Compensation and Benefits Commission regarding salaries and benefits and to create the office of supernumerary prothonotary of the Federal Court;
(b) increase the number of judges for certain superior courts and include the new offices of Associate Chief Justice of the Court of Queen’s Bench of New Brunswick and Associate Chief Justice of the Court of Queen’s Bench for Saskatchewan;
(c) create the offices of prothonotary and supernumerary prothonotary of the Tax Court of Canada; and
(d) replace the term “prothonotary” with “associate judge”.
Division 23 of Part 5 amends the Immigration and Refugee Protection Act to, among other things,
(a) authorize the Minister of Citizenship and Immigration to give instructions establishing categories of foreign nationals for the purposes of determining to whom an invitation to make an application for permanent residence is to be issued, as well as instructions setting out the economic goal that that Minister seeks to support in establishing the category;
(b) prevent an officer from issuing a visa or other document to a foreign national invited in respect of an established category if the foreign national is not in fact eligible to be a member of that category;
(c) require that the annual report to Parliament on the operation of that Act include a description of any instructions that establish a category of foreign nationals, the economic goal sought to be supported in establishing the category and the number of foreign nationals invited to make an application for permanent residence in respect of the category; and
(d) authorize that Minister to give instructions respecting the class of permanent residents in respect of which a foreign national must apply after being issued an invitation, if the foreign national is eligible to be a member of more than one class.
Division 24 of Part 5 amends the Old Age Security Act to correct a cross-reference in that Act to the Budget Implementation Act, 2021, No. 1 .
Division 25 of Part 5
(a) amends the Canada Emergency Response Benefit Act to set out the consequences that apply in respect of a worker who received, for a four-week period, an income support payment and who received, for any week during the four-week period, any benefit, allowance or money referred to in subparagraph 6(1)(b)(ii) or (iii) of that Act;
(b) amends the Canada Emergency Student Benefit Act to set out the consequences that apply in respect of a student who received, for a four-week period, a Canada emergency student benefit and who received, for any week during the four-week period, any benefit, allowance or money referred to in subparagraph 6(1)(b)(ii) or (iii) of that Act; and
(c) amends the Employment Insurance Act to set out the consequences that apply in respect of a claimant who received, for any week, an employment insurance emergency response benefit and who received, for that week, any payment or benefit referred to in paragraph 153.9(2)(c) or (d) of that Act.
Division 26 of Part 5 amends the Employment Insurance Act to, among other things,
(a) replace employment benefits and support measures set out in Part II of that Act with employment support measures that are intended to help insured participants and other workers — including workers in groups underrepresented in the labour market — to obtain and keep employment; and
(b) allow the Canada Employment Insurance Commission to enter into agreements to provide for the payment of contributions to organizations for the costs of measures that they implement and that are consistent with the purpose and guidelines set out in Part II of that Act.
It also makes a consequential amendment to the Income Tax Act .
Division 27 of Part 5 amends the Employment Insurance Act to specify the maximum number of weeks for which benefits may be paid in a benefit period to certain seasonal workers and to extend, until October 28, 2023, the increase in the maximum number of weeks for which those benefits may be paid. It also amends the Budget Implementation Act, 2021, No. 1 to add a transitional measure in relation to amendments to the Employment Insurance Regulations that are found in that Act.
Division 28 of Part 5 amends the Canada Pension Plan to make corrections respecting
(a) the calculation of the minimum qualifying period and the contributory period for the purposes of the post-retirement disability benefit;
(b) the determination of values for contributors who have periods excluded from their contributory periods by reason of disability; and
(c) the attribution of amounts for contributors who have periods excluded from their contributory periods because they were family allowance recipients.
Division 29 of Part 5 amends An Act to amend the Criminal Code and the Canada Labour Code to, among other things,
(a) shorten the period before which an employee begins to earn one day of medical leave of absence with pay per month;
(b) standardize the conditions related to the requirement to provide a medical certificate following a medical leave of absence, regardless of whether the leave is paid or unpaid;
(c) authorize the Governor in Council to make regulations in certain circumstances, including to modify certain provisions respecting medical leave of absence with pay;
(d) ensure that, for the purposes of medical leave of absence, an employee who changes employers due to the lease or transfer of a work, undertaking or business or due to a contract being awarded through a retendering process is deemed to be continuously employed with one employer; and
(e) provide that the provisions relating to medical leave of absence come into force no later than December 1, 2022.
Division 30 of Part 5 amends the Canada Business Corporations Act to, among other things,
(a) require certain corporations to send to the Director appointed under that Act information on individuals with significant control on an annual basis or when a change occurs;
(b) allow that Director to provide all or part of that information to an investigative body, the Financial Transactions and Reports Analysis Centre of Canada or any prescribed entity; and
(c) clarify that, for the purposes of subsection 21.1(7) of that Act, it is the securities of a corporation, not the corporation itself, that are listed and posted for trading on a designated stock exchange.
Division 31 of Part 5 amends the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to, among other things,
(a) create regimes allowing for the forfeiture of property that has been seized or restrained under those Acts;
(b) specify that the proceeds resulting from the disposition of those properties are to be used for certain purposes; and
(c) allow for the sharing of information between certain persons in certain circumstances.
It also makes amendments to the Seized Property Management Act in relation to those forfeiture of property regimes.

Opposition Motion—Measures to Lower Food Prices

[Sukh Dhaliwal, Liberal, Surrey—Newton, BC]

Mr. Speaker, I am happy to participate in this debate on the NDP motion submitted by the hon. member for Cowichan—Malahat—Langford in relation to the price of essential foods and the conduct of grocery giants, such as Loblaws, Metro and Sobeys.

The proposed motion is timely, because by voting in favour of Bill C-59 last week, this House approved the latest initiative in the government's comprehensive modernization of the Competition Act. The relevant clauses were approved unanimously, showing the strong consensus here in this chamber on these issues.

The truth of the matter is that the government has been extremely active in promoting competition in all sectors of the economy, including in the grocery retail industry. It begins with resourcing. In budget 2021, the government increased the Competition Bureau's budget by $96 million over five years and $27.5 million ongoing thereafter. The increase in resources was a much needed boost to the bureau's capacity, and in its own words, “These funds enhance our ability to enforce the law and advocate for more competition. They help ensure we have the right tools to deal with Canada’s competition challenges now and in the future.”

Needless to say, law enforcement will not be effective if the enforcers are not able to carry out their tasks, and that is why this extraordinary increase was crucial to the bureau's functioning. The next step had to do with the legal framework under which the bureau operates, the Competition Act, which was aging and falling short compared to our international partners.

Through the 2022 budget bill, Bill C-19, we took the first step in remedying this, correcting some of the obvious issues. This included criminalizing wage-fixing agreements, allowing private parties to seek an order for abuse of a dominant position and raising maximum penalty amounts to be based on the benefits of anti-competitive conduct. This ensures that sanctions would no longer be a mere slap on the wrist for today's largest economic actors.

The government knew, however, that much more remained to be done. Where the solutions were less readily obvious, the minister turned to the public process, launching a comprehensive public consultation on the future of Canada's competition policy. The process ran from November 2022 through March 2023.

In response to a consultation paper released by Innovation, Science and Economic Development Canada, over 500 responses were received. This consisted of over 130 from identified stakeholders like academics, businesses, practitioners and non-government organizations.

While this feedback was being received, government officials also met with stakeholders in round table groups, allowing them to voice their views and to interact with each other as well. Stakeholders were not shy about sharing their opinions with us. They knew what sorts of outcomes they wanted to be delivered.

There was no shortage of proposals made, some highly concrete and detailed, others more directional in nature. What we heard, however, is that Canadians wanted more competition. Across many domains, the desire to strengthen the law, to enable the bureau to act and to align with international counterparts was evident.

Of course, many also expressed reservations about ensuring we get the details right and warned about overcorrection. The government took those to heart as well, taking inspiration from examples in other jurisdictions and recognizing the careful balancing that must be done when developing new legislation.

All told, the results of the consultation can be seen in two pieces of government legislation.

First, Bill C-56, the Affordable Housing and Groceries Act, was adopted in December 2023. It took some of the largest issues off the table. It eliminated the “efficiency exception”, which allowed anti-competition mergers to withstand challenge. It revised the law on abuse of dominant position to open up new avenues for a remedial order. It broadened the types of collaboration the bureau can examine, including those that are not formed between direct competitors. It established a framework for the bureau to conduct marketing studies, including the possibility of production orders to compel information. Work on this last amendment is already under way, as the bureau has announced an intention to launch a study into the passenger air travel industry.

Bill C-59, the fall economic statement implementation act, 2023, is the second legislative effort following the consultation. As we know, it is currently before the Senate, and the government looks forward to its quick adoption. The amendments to the Competition Act that it contains are incredibly comprehensive. I will provide some of the highlights.

The bill makes critical amendments to merger notification and review to ensure that the bureau is aware of the most important deals and would be able to take action before it is too late. It significantly revamps the enforcement framework to strengthen provisions dealing with anti-competitive agreements, and it broadens the private enforcement framework so that more people could bring their own cases before the Competition Tribunal for a wider variety of reasons; in some cases, they could even be eligible for a financial award.

Bill C-59 also helps address important government priorities by making it harder to engage in “greenwashing”, which is the questionable or false representation of a product or a business’s environmental benefits. It facilitates useful environmental collaboration that might otherwise have been unlawful. It helps to make repair options more available for consumers by ensuring that refusals to provide the necessary means can be reviewed and remedied as needed.

Finally, overall, Bill C-59 makes a number of critical but often technical updates throughout the law to remove enforcement obstacles and make sure that the entire system runs smoothly.

I cannot overstate how important these measures are. The competition commissioner has referred to this as a “generational” transformation. It is by far the most significant update to the law since the amendments in 2009, following the recommendations of the competition policy review panel; arguably, it is the most comprehensive rewrite of the Competition Act since it first came into effect in 1986. Our world has changed since then, and it became clear that the law needed to keep pace to enable institutions that can oversee fast-changing markets and landscapes.

After the passage of Bill C-59, we can guarantee that our competition law will work for Canadians in markets such as the one under scrutiny here, as well as the many other markets throughout our economy.

I am thankful for having been given the opportunity to share a few words.

Ways and Means Motion No. 19—Speaker's Ruling

[The Speaker, Greg Fergus]

I am now ready to provide the House with an explanatory ruling on the admissibility of Ways and Means Motion No. 19. On November 29, 2023, I ruled that the order for consideration of the motion, and the subsequent bill based thereon, be allowed to proceed further.

On November 28, 2023, the House leader of the official opposition challenged the admissibility of the motion. He pointed out that Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code (adoptive and intended parents), and Bill C-323, an act to amend the Excise Tax Act (mental health services), both currently in committee, were substantially the same as provisions covered in Ways and Means Motion No. 19, tabled earlier that day.

Concurrence in a ways and means motion constitutes an order to bring in a bill based on the provisions of the motion. This is indeed what happened with the subsequent introduction of Bill C-59, an act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023.

The House leader argued that the two private members’ bills had already been the subject of decisions of the House at second reading. The ways and means motion and Bill C-59 would violate a procedural concept, the rule of anticipation, which he described as the “same question rule”. Quoting from House of Commons Procedure and Practice, third edition, at page 568, the member seemed to suggest that a ways and means motion could not anticipate a matter already standing on the Order Paper and which was contained in another form of proceeding. He asserted that Bill C-318 and Bill C-323 were more effective tools to accomplish the desired intent than Ways and Means Motion No. 19. As such, both these bills should have priority over the motion.

He also cited precedents in relation to bills that could or could not proceed further, based on the fundamental principle that the same question cannot be decided twice within a session.

The member further suggested that Ways and Means Motion No. 19 be put in abeyance pending the outcome of Bill C-318 and Bill C-323, based on the rule of anticipation.

For his part, the parliamentary secretary to the government House leader countered that further consideration of Ways and Means Motion No. 19, as well as subsequent proceedings on an associated bill, was in order. He referenced past precedents about similar bills. He made the point that the provisions in Ways and Means Motion No. 19 contained numerous elements that are not found in Bill C-318 and Bill C-323, which indicates that the principle and scope of the ways and means motion are broader than what is found in either of the bills. As such, Ways and Means Motion No. 19, and the bill based thereon, constituted different questions.

In his intervention, the House leader of the official opposition quoted from page 568 of House of Commons Procedure and Practice, third edition, on the rule of anticipation. The Chair would like to read, from the same page, prior to the quoted passage. It states:

The moving of a motion was formerly subject to the ancient “rule of anticipation” which is no longer strictly observed.

Further down on the same page it says, “While the rule of anticipation is part of the Standing Orders in the British House of Commons, it has never been so in the Canadian House of Commons. Furthermore, references to past attempts to apply this British rule to Canadian practice are inconclusive.”

Even though the notion of anticipation is described in our procedural authorities, and the expression is sometimes colloquially used in points of order and even some past rulings dealing with similar items, it is indeed a very difficult concept to apply in our context.

Establishing a hierarchy between bills and motions, or between categories of bills, and giving precedence to some, may prove difficult, except in very specific cases, detailed in House of Commons Procedure and Practice. Bills and motions are different by nature and achieve different ends.

What the Chair is seized with in reviewing the current matter is the rule forbidding the same question from being decided twice in the same session. It is different from the concept of anticipation and, in the view of the Chair, the one that should apply.

In his submission, the House leader of the official opposition cited various recent precedents, and the Chair thinks it pertinent to describe some of their procedural subtleties.

The first example, from the last Parliament, pertained to two bills not identical, but substantially similar: Bill C-218, an act to amend the Criminal Code regarding sports betting, a private members' bill, and Bill C-13, an act to amend the Criminal Code regarding single event sport betting, a government bill. Both were at second reading and both were very short bills touching the same section of the Criminal Code.

By adopting Bill C‑218 at second reading, the House had agreed to the larger principle of repealing the very portion of the Criminal Code that Bill C‑13 also sought to amend. This sequencing left the House with a situation where Bill C‑13 could not move forward as long as Bill C‑218 continued its course.

The second example, from earlier this session, described a budget implementation bill, Bill C-19, and a votable private members’ bill amending the Criminal Code regarding the promotion of anti-Semitism, Bill C-250. The latter, introduced on February 9, 2022, contained provisions that were subsequently included in Bill C-19, introduced on April 28, 2022. However, of the two bills, the government bill was the first to be adopted at second reading and referred to committee. One of the key differences was that the two bills were not substantially identical. Bill C-19 was much broader in scope than Bill C-250. By agreeing to Bill C-19, the House de facto agreed with the principles presented in C-250. No decision having yet been made on Bill C-250, the Chair ordered that it be held as pending business until such time as royal assent be granted to Bill C-19.

Finally, the member referenced rulings dealing with two votable Private Members’ Business items, Bill C-243, an act respecting the elimination of the use of forced labour and child labour in supply chains, and Bill S-211, an act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff. The two bills had the same objective and only one was allowed to proceed further. The Chair indicated at the time that the case involved an unusual set of circumstances, since normally one of them could have been designated as non-votable by the Subcommittee on Private Members’ Business had the sequence of events been different.

The House leader's main argument hinged on the question of whether provisions contained in Ways and Means Motion No. 19 and therefore Bill C-59 are similar or identical to Bills C-318 and C-323.

Bills C‑318 and C‑323 have been both read a second time and referred to committee, while no decision has yet been made on Bill C‑59. An exhaustive review of its provisions shows that it does contain some similar provisions found in the two aforementioned private members' bills. However, Bill C‑59 cannot be described as substantially similar or identical to them.

Its scope is vastly broader, containing many more elements than what is included in Bills C-318 and C-323, including taxation legislation and provisions requiring a royal recommendation

The bills are similar in part, but are not substantially the same. The principles of Bill C-318 and Bill C-323, as adopted at second reading, are indeed included in the broader Bill C-59, but the reverse is not true. Therefore, the decision the House will take on Bill C-59 will not be the same. Accordingly, there is no procedural reason to stop the bill from continuing its journey through the legislative process.

To be clear, when a government bill and a private member's bill or when two private members' bills are substantially similar, only one of them may proceed and be voted on. Once one of the two has passed second reading, a decision cannot be taken on the other within the same session. Where bills are only similar in part, the effect of adopting one might have a different impact on the other depending on their principle, scope and, of course, which bill is adopted first.

I note that the House leader of the official opposition rose earlier today on a different point of order considering the application of Standing Order 69.1 to Bill C-59. I wish to inform the member and the House that I am reviewing the matter closely and I do intend to come back with a ruling in a timely manner.

Nonetheless, for the time being, the Chair sees no reason to rule that Bill C-59 be put in abeyance. As for the two Private Members' Business items currently in committee, it seems premature for the Chair to intervene at this time.

I thank all members for their attention.

Ways and Means Motion No. 19

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, the second point of order is a little more detailed.

I rise to respond to a point of order raised on Tuesday, November 28, by the member for Regina—Qu'Appelle respecting the inadmissibility of the notice of Ways and Means Motion No. 19 and two items of Private Members' Business.

The crux of the argument by the member opposite is on the principle of a bill at second reading stage. This is the heart of the argument. I would humbly point to the purpose of the second reading debate and the vote at that stage, which is on the principle of the bill.

Before I get into the specific matters involved in the member's argument, I would like to remind my colleagues across the aisle of what a debate and vote on the principle of a bill entails.

Members of the House know that our Standing Orders and practices derive from those of Westminster. If a member would like to look into how debates at Westminster are handled at the second reading stage, they might be surprised. The British House of Commons has 650 members, yet the debate on any government bill at the second reading stage very rarely exceeds one sitting day.

Now I will go to the specific argument raised by my colleague across the way. The two bills in question that are subject to certain provisions containing Ways and Means Motion No. 19 are Bill C-318, an act to amend the Employment Insurance Act, and Bill C-323, an act to amend the Excise Tax Act (mental health services).

With respect to the first item, Bill C-318 requires a royal recommendation which would govern the entire scheme of a new employment insurance benefit for adoptive parents. As a result, the bill cannot come to a vote at third reading in the absence of a royal recommendation provided by a minister of the Crown.

The bill was drafted by employees of the law clerk's office who would have notified the sponsor of this requirement. While I would not want to speculate on the intentions of the member who sponsored this bill, there is little doubt that the member knew this bill would not pass without royal recommendation.

As a result of a ministerial mandate commitment to bring forward an employment insurance benefit for adoptive parents with an accompanying royal recommendation, the government has brought forward this measure for consideration of the House in a manner that raises no procedural obstacle to providing this important benefit for Canadians. It is the sole prerogative of the executive to authorize new and distinct spending from the consolidated revenue fund, and that is what is proposed in the bill that would implement the measures contained in Ways and Means Motion No. 19.

Now I will go to the point of a similar question. The example my colleague raised with respect to the Speaker's ruling on February 18, 2021, concerns Bill C-13 and Bill C-218 respecting single sports betting. Both bills contain the same principle, that being to allow certain forms of single sports betting. The approaches contained in Bill C-13 and Bill C-218 were slightly different, but achieved the same purpose. As a result, and rightly so, the Speaker ruled that the bills were substantially similar and ruled that Bill C-13 not be proceeded with.

The situation with Bill C-13 and Bill C-218 bears no resemblance to the situation currently before the House, and the member opposite has been again helpful in making my argument. The member cites the situation with Bill C-19 and Bill C-250 concerning Holocaust denial.

The case with this situation, and the case currently before the House, is instructional for the question faced by the Speaker, which is whether the principle of the questions on the second reading of Bill C-318 and Bill C-323, and the question on Ways and Means Motion No. 19, are the same.

The answer is categorically no. The question on both Ways and Means Motion No. 19 and the question should Ways and Means Motion No. 19 be adopted on the implementing of a bill are vastly different. The questions at second reading on Bill C-318 and Bill C-323 are specific questions on the principle of measures contained in those private members' bills.

The question on Ways and Means Motion No. 19 and the question at second reading on the bill to implement those measures is much broader. As the member stated in his intervention yesterday, Ways and Means Motion No. 19 contains many measures announced in the 2023 budget as well as in the fall economic statement. While the measures to implement the fall economic statement are thematically linked to the issue of affordability, they contain many measures to address the affordability challenges facing Canadians. As a result, the question at second reading on implementing legislation is a very different question for the House to consider.

In conclusion, while there have been precedents respecting similar questions on similar bills which propose a scheme for a specific issue, namely Bill C-13 and Bill C-218, this and other precedents do not in any way suggest that the questions at second reading on Bill C-323 and Bill C-318 in any way resemble the question on Ways and Means Motion No. 19 and the question at second reading on the implementing bill for the measures contained in the 2023 budget and the fall economic statement.

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Madam Speaker, I am rising on a point of order challenging the admissibility of Ways and Means Motion No. 19 concerning the fall economic statement implementation bill, which was tabled earlier today by the Deputy Prime Minister. It is my submission that the motion offends the rule against anticipation, sometimes also known as the “same question rule”. That rule is described on page 568 of House of Commons Procedure and Practice, which reads as follows:

The rule is dependent on the principle which forbids the same question from being decided twice within the same session. It does not apply, however, to similar or identical motions or bills which appear on the Notice Paper prior to debate. The rule of anticipation becomes operative only when one of two similar motions on the Order Paper is actually proceeded with. For example, two bills similar in substance will be allowed to stand on the Order Paper but only one may be moved and disposed of. If a decision is taken on the first bill (for example, to defeat the bill or advance it through a stage in the legislative process), then the other may not be proceeded with...If the first bill is withdrawn (by unanimous consent, often after debate has started), then the second may be proceeded with.

The rule against anticipation has been building a significant number of precedents in the past few years in light of the NDP-Liberal government's growing pattern of stealing common-sense Conservative private members' bills to add to their own legislative agenda. While our authorities suggest that such points of order should be raised only when the second question is actually proposed from the Chair, I recognize that in light of Ways and Means Motion No. 19 being an omnibus proposal, exceeding 500 pages in length, you, Madam Speaker, might appreciate having the evening to reflect on the issues I am about to discuss before the government intends to call it for consideration tomorrow.

In the present case, Ways and Means Motion No. 19 includes provisions that the House has already adopted in principle at second reading through two private members' bills.

On September 20, the House passed second reading Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code, sponsored by the Conservative hon. member for Battlefords—Lloydminster. The summary printed on the inside cover of the bill reads:

This enactment amends the Employment Insurance Act to introduce a new type of special benefits: an attachment benefit of 15 weeks for adoptive parents and parents of children conceived through surrogacy. It also amends the Canada Labour Code to extend parental leave accordingly.

Last week's fall economic statement on pages 43 and 42 states that:

The 2023 Fall Economic Statement proposes to introduce a new 15-week shareable EI adoption...Surrogate parents will also be eligible for this benefit.

The 2023 Fall Economic Statement also proposes to make amendments to the Employment Insurance Act, as well as corresponding changes to the Canada Labour Code, to ensure that workers in federally regulated industries have the job protection they need while receiving the EI adoption benefit.

Those provisions appear as clauses 342 to 365 of Ways and Means Motion No. 19. While the legislative language used varies, the ultimate policy objective and therefore the principle of the matter remains the same as a close examination of the two passages I quoted reveals.

The second private member's bill stolen by the government this week is Bill C-323, an act to amend the Excise Tax Act, mental health services, sponsored by the Conservative member for Cumberland—Colchester, which the House passed at second reading on September 27. My colleague's bill would amend sections 1 and 7 of part II of schedule V of the Excise Tax Act to exempt psychotherapy and mental health counselling from GST. Clause 137 of Ways and Means Motion No. 19 would do the exact same thing, except that the government refers to “counselling therapy” instead of Bill C-323's “mental health counselling”. That is, I would submit, a distinction without a difference.

Indeed, I would draw the Chair's attention to clause 144 of Ways and Means Motion No. 19 that makes coordinating provisions if each is enacted, which demonstrates the government also sees these as identical measures, but what is especially galling is subclause 144(5), “For greater certainty, if this Act receives royal asset then the other Act [Bill C-323] is deemed never to have produced its effects.” The government would prefer to toss my colleague's important bill down the memory hole. That is just shameful.

Your predecessor, on February 18, 2021, at page 4256 of the Debates, ruled that government Bill C-13 could not be proceeded with further following the House's adoption of Bill C-218, citing the rule against anticipation. In so ruling, the Chair said:

The House is now placed in an unusual situation where a decision was made on one of two very similar bills standing on the Order Paper.

The Chair recognizes that both bills are not identical; they are, however, substantially similar as they both amend the exact same provision of the Criminal Code for similar purposes....

Consequently, as long as Bill C-218 follows its course through the legislative process during this session, Bill C-13 may not be proceeded with.

As for the technical differences between those two bills, the Speaker offered a common-sense solution to reconcile them: “the Chair notes that other avenues would be open to the House to achieve those same ends, such as through amendments proposed to Bill C-218 during the committee's study.”

I would respectfully submit that if the government has any concerns about the drafting of Bill C-318 or Bill C-323, the solution is to bring amendments to committee, not to bigfoot them by throwing them into an omnibus budget bill, but that is exactly what happened here. It is what happened last year when Bill C-250, sponsored by the hon. member for Saskatoon—Grasswood, was scooped up by the government and placed in Bill C-19, a budget implementation bill.

In a May 11, 2022, ruling at page 5123 of the Debates, the Deputy Speaker held:

Bill C-19 was adopted at second reading and referred to the Standing Committee on Finance yesterday. The House is now placed in a situation where a decision was made on one of the two bills that contain very similar provisions....

The Chair recognizes that these bills are not identical, as Bill C-19 is much broader in scope and contains other provisions related to the implementation of the budget.

However, in adopting Bill C-19 at second reading, the House has also agreed to the principle of that bill, and consequently, has agreed, among other things, to amend section 319 of the Criminal Code dealing with hate propaganda. As I explained a few moments ago, these are provisions substantially similar to the ones contained in Bill C-250.

Therefore, the question for the Chair is, should Bill C-250 be allowed to proceed further in the legislative process at this time? In the Chair's opinion, it should not be allowed. The House should not face a situation where the same question can be cited twice within the same session, unless the House's intention is to rescind or revoke the decision.

In the case of Bill C-250, the Deputy Speaker directed that it be held as pending business until the final fate of Bill C-19 could be determined. On September 20, 2022, your predecessor ordered Bill C-250 to be discharged and dropped from the Order Paper, given that Bill C-19 had by then received royal assent. A similar pair of rulings occurred on June 6, 2022, and May 11, 2023, in respect of Bill C-243 in light of its overlap with Senate Bill S-211.

While these rulings are all quite recent, they were not novel. Speaker Michener, on March 13, 1959, at page 238 of the Journals, reached the same conclusion for managing this sort of legislative traffic jam:

Thus I have come to the conclusion that this bill must stand, as well as the other bill in the same terms, or at least in terms for exactly the same purpose, until the bill which was first moved has been disposed of either by being withdrawn, which would open the door for one of these other bills to proceed, or by way of being approved, which would automatically dispose of these bills because the House would not vote twice on the same subject matter any more than it would debate the same subject matter twice.

Standing Order 94(1) empowers and directs the Speaker to, “make all arrangements necessary to ensure the orderly conduct of Private Members’ Business”. That standing order, I would submit, behooves you to safeguard the process of Private Members' Business as much as possible by drawing a firm and bright line for the government to stop poaching common-sense Conservative bills and claiming them as their own.

One final consideration I want to place before the Chair is one that did not arise in the context of the pairs of bills and the precedents I have cited. We are dealing here with a ways and means motion, not a bill. Bosc and Gagnon, at page 568, explain the relevance of this distinction in the role against anticipation:

According to this rule, which applied to other proceedings as well as to motions, a motion could not anticipate a matter which was standing on the Order Paper for further discussion, whether as a bill or a motion, and which was contained in a more effective form of proceeding.

The associated footnote points readers to other authorities for a fuller explanation, such as the U.K.'s Erskine May. That book's 25th edition, at paragraph 20.13, explains:

...a matter must not be anticipated if contained in a more effective form of proceeding than the proceeding by which it was sought to be anticipated, but it might be anticipated if contained in an equally or less effective form. A bill or other order of the day is more effective than a motion....

This principle was explained matter-of-factly by Speaker Casgrain on February 24, 1936, at page 68 of the Journals: “A Bill has the right-of-way and cannot be sidetracked by a Motion.”

In the circumstances, if the precedents and procedural authorities of this House are to be applied consistently, Ways and Means Motion No. 19 must be put into abeyance pending the outcome of Bill C-318 and Bill C-323. I would urge you, Madam Speaker, to so rule.

Sitting Resumed

[Claude DeBellefeuille, Bloc, Salaberry—Suroît, QC]

Madam Speaker, I am pleased to rise and speak this evening—although I must say the hour is late, almost 9 p.m.—to join the debate on Bill C-47.

Before I start, I would like to take a few minutes to voice my heartfelt support for residents of the north shore and Abitibi who have been fighting severe forest fires for several days now. This is a disastrous situation.

I know that the member for Manicouagan and the member for Abitibi—Baie-James—Nunavik—Eeyou are on site. They are there for their constituents and represent them well. They have been visiting emergency shelters and showing their solidarity by being actively involved with their constituents and the authorities. The teamwork has been outstanding. Our hearts go out to the people of the north shore and Abitibi.

Tonight, my colleague from Abitibi-Témiscamingue will rise to speak during the emergency debate on forest fires. He will then travel back home to be with his constituents as well, so he can offer them his full support and be there for them in these difficult times.

Of course, I also offer my condolences to the family grieving the loss of loved ones who drowned during a fishing accident in Portneuf-sur-Mer. This is yet another tragedy for north shore residents. My heart goes out to the family, the children's parents and those who perished.

Before talking specifically about Bill C-47, I would like to say how impressive the House's work record is. A small headline in the newspapers caught my eye last week. It said that the opposition was toxic and that nothing was getting done in the House. I found that amusing, because I was thinking that we have been working very hard and many government bills have been passed. I think it is worth listing them very quickly to demonstrate that, when it comes right down to it, if parliamentarians work together and respect all the legislative stages, they succeed in getting important bills passed.

I am only going to mention the government's bills. Since the 44th Parliament began, the two Houses have passed bills C-2, C-3, C-4, C-5, C-6, C-8 and C-10, as well as Bill C-11, the online streaming bill. My colleague from Drummond's work on this bill earned the government's praise. We worked hard to pass this bill, which is so important to Quebec and to our broadcasting artists and technicians.

We also passed bills C-12, C-14, C-15, C-16, C-19, C-24, C-25, C-28, C-30, C-31, C-32, C-36 and C-39, which is the important act on medical assistance in dying, and bills C-43, C-44 and C-46.

We are currently awaiting royal assent for Bill C-9. Bill C-22 will soon return to the House as well. This is an important bill on the disability benefit.

We are also examining Bill C-13, currently in the Senate and soon expected to return to the House. Bill C-18, on which my colleague from Drummond worked exceedingly hard, is also in the Senate. Lastly, I would mention bills C-21, C-29 and C-45.

I do not know whether my colleagues agree with me, but I think that Parliament has been busy and that the government has gotten many of its bills passed by the House of Commons. Before the Liberals say that the opposition is toxic, they should remember that many of those bills were passed by the majority of members in the House.

I wanted to point that out because I was rather insulted to be told that my behaviour, as a member of the opposition, was toxic and was preventing the work of the House from moving forward. In my opinion, that is completely false. We have the government's record when it comes to getting its bills passed. The government is doing quite well in that regard.

We have now come to Bill C-47. We began this huge debate on the budget implementation bill this morning and will continue to debate it until Wednesday. It is a very large, very long bill that sets out a lot of budgetary measures that will be implemented after the bill is passed.

I have no doubt that, by the end of the sitting on June 23, the House will pass Bill C-47 in time for the summer break.

What could this bill have included that is not in there? For three years, the Bloc Québécois and several other members in the House have been saying that there is nothing for seniors. I was saying earlier to my assistant that, in my riding of Salaberry—Suroît, we speak at every meeting about the decline in seniors' purchasing power. I am constantly being approached by seniors who tell me—

Senate Amendments to Bill C-11

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, I am rising on a point of order this morning respecting the government's Motion No. 2 concerning the Senate amendments to Bill C-11.

In my view, the notice of motion engages the rule of anticipation and cannot be proposed to the House later today.

Normally such a point of order should be raised when the motion is actually proposed to the House, but given that it is listed on the Projected Order of Business for consideration in an hour's time, the complexity of the issues involved and as a courtesy to you to find some time to prepare a ruling, Mr. Speaker, I wanted to rise as soon as the House opened this morning.

On March 8 and March 9, the House considered a government motion concerning the Senate's amendments, a motion which is now referred to as Motion No. 1 on the Notice Paper, to which my colleague, the hon. member for Lethbridge, has moved an amendment.

Flash forward to Friday evening, when today's Notice Paper was published, we see this new motion, Motion No. 2, from the Liberal government. They are both very long motions, so I will spare the Speaker and the House from hearing them each read out loud.

Suffice it to say, I studied them very closely to see what might be different between them. Lo and behold, the English versions of the motions are absolutely identical. When one refers to the French versions, one spots the difference, which is a single instance of a “1” and a “2”, in Roman numerals, being transposed. That is it.

Let me explain for the House briefly what that means. The Liberal government made a drafting mistake; it got its motion wrong. Now it wants a do-over. If one is a golfer, one might call it a mulligan. All this is on a policy Liberals are mistakenly pursuing on a bill they keep botching and on amendments they keep flubbing, and now a motion they cannot even get right, and those people want to control the Internet.

Setting that aside, I will get back to the procedural concern. The substantive effect of these two motions is identical. Indeed, the text in one official language is identical. The words used in the other official language are all the same. It is just two numbers that are transposed.

Having established these motions are, for all intents and purposes, identical, let me refer to page 568 of House of Commons Procedure and Practice, which explains the rule of anticipation. It reads:

According to this rule, which applied to other proceedings as well as to motions, a motion could not anticipate a matter which was standing on the Order Paper for further discussion, whether as a bill or a motion, and which was contained in a more effective form of proceeding (for example, a bill or any other Order of the Day is more effective than a motion, which in turn has priority over an amendment, which in turn is more effective than a written or oral question). If such a motion were allowed, it could indeed forestall or block a decision from being taken on the matter already on the Order Paper.

It goes on to say:

The rule is dependent on the principle which forbids the same question from being decided twice within the same session. It does not apply, however, to similar or identical motions or bills which appear on the Notice Paper prior to debate. The rule of anticipation becomes operative only when one of two similar motions on the Order Paper is actually proceeded with. For example, two bills similar in substance will be allowed to stand on the Order Paper but only one may be moved and disposed of. If the first bill is withdrawn (by unanimous consent, often after debate has started), the second may be proceeded with.... A point of order regarding anticipation may be raised when the second motion is proposed from the Chair, if the first has already been proposed to the House and has become an Order of the Day.

Though the government House leader might argue that questions about this rule do not come up often, there are a series of precedents through the years that are relevant to the issue before the Chair today.

Mr. Speaker Michener, on March 13, 1959, at page 238 of the Journals, held, in relation to the rule of anticipation concerning nearly identical pieces of legislation:

...I first considered whether the motion should be accepted to stand on the Order Paper at the same time. I am satisfied that this was quite in order, but I came to the conclusion that it would be quite improper to permit a second debate on identically the same subject matter as the subject matter of a debate which was already proceeding. In other words, the House is not going to occupy itself on two separate occasions under two separate headings with exactly the same business. That would not be reasonable, and I can find no support or authority for following such a course. Thus I have come to the conclusion that this bill must stand, as well as the other bill in the same terms, or at least in terms for exactly the same purpose, until the bill which was first moved has been disposed of either by being withdrawn, which would open the door for one of these other bills to proceed, or by way of being approved, which would automatically dispose of these bills because the House would not vote twice on the same subject matter any more than it would debate the same subject matter twice.

Mr. Speaker Lamoureux, on July 7, 1969, said, in a ruling found at page 1317 of the Journals, concerning a government motion to amend the Standing Orders, anticipating a motion to concur in a report of the former standing committee on procedure and organization:

I might say, having taken into account the arguments advanced by members of the opposition, that if the honourable Member for Grenville-Carleton had moved his [concurrence] motion I would have recognized that the rule of anticipation would have given his motion precedence...to the motion that is now before the House in the name of the President of the Privy Council. I would have so ruled...

A much more recent predecessor of yours, Mr. Speaker, considered the matter of two committee instruction motions that varied by a difference of just five words. The Chair ruled, on June 11, 2014, at page 6649 of the Debates:

Upon examination of the section of O'Brien and Bosc, upon which both House leaders have relied extensively for their arguments, it seems to the Chair that the key concept is the question of whether or not the motions are substantially the same.

Upon examination of both motions on the notice paper, it does seem that the motions are substantially the same and that the principles cited by the government House leader as to the practice of the House are persuasive to the Chair. Accordingly, we will not be proceeding with the motion at this time.

The rule of anticipation is a concept which is not unheard of in the current Parliament, or to you, Mr. Speaker, for that matter.

On May 11, 2022, the Deputy Speaker, at page 5123 of the Debates, ruled that Bill C-250, the private member's bill proposed by my colleague, the hon. member for Saskatoon—Grasswood, could not be debated and would be rendered pending, following the second reading of Bill C-19, a budget implementation bill that contained clauses similar to my friend's bill, because:

The House should not face a situation where the same question can be cited twice within the same session, unless the House's intention is to rescind or revoke the decision.

After Bill C-19 had received royal assent, you made a further ruling, Mr. Speaker, on September 20, 2022, at page 7341 of the Debates, to discharge Bill C-250. In doing so, you said:

...there is a long-standing principle to keep or avoid having the same question from being decided twice within the same session

A similar case can be found in your June 6, 2021 ruling, at page 6142 of the Debates, whereby Bill C-243, sponsored by the hon. member for Thunder Bay—Rainy River, could not be proceeded with following the second reading of a Senate public bill, Bill S-211. Bill C-243 has been listed on the Order Paper every sitting day since, under the heading “Pending Business”.

To recap the current case, the government's Motion No. 1 concerning the Senate amendments to Bill C-11 was moved, as I mentioned, on March 8, and then became an Order of the Day. Therefore, Motion No. 2 may only be proceeded with if Motion No.1 has been withdrawn, as the various authorities would observe. Otherwise, proceeding with Motion No. 2 would offend the rule of anticipation and cannot be proposed to the House, as forecasted, at noon today.

Mr. Speaker Casgrain's ruling on February 24, 1936, at pages 67 and 68 of the Journals, explains a possible way forward for the government concerning its Motion No. 1:

The adjournment of the debate, last Thursday on the second reading of Bill No. 2...meant that the question shall again be considered at a future sitting when the order for Public Bills will be reached. This is what is called, in parliamentary procedure, appointing a matter for consideration by the House. [Erskine] May...gives many precedents showing that the discussion of an appointed matter cannot be anticipated by a motion...There is sufficient similarity in the Bill and the Motion to confine them to one debate...The difference in details between the two propositions may be dealt with by moving amendments... but it is not sufficient to justify a duplication of the debate. It is a well known principle that the same question cannot be raised twice in the same session.

The difference between the government's Motion No.1 and Motion No. 2 could be addressed by an amendment to Motion No. 1. It is that simple, really.

All the Liberal government needs to do is allow the debate to continue on the amendment moved by the hon. member for Lethbridge. Once that debate has eventually concluded and the vote taken, the government could, in the event that my colleague's thoughtful amendment is not adopted by the House, of course, once debate resumes on the main motion, move its own amendment to achieve the change Motion No. 2 contains, which would be up to the House to discuss and decide.

If you were to find my point of order to be well taken, Mr. Speaker, it would not be the first major procedural error the government has made in pursuing its flawed policy to control the Internet. On June 15, 2021, you ruled out of order many committee amendments made to Bill C-11's predecessor in the previous Parliament because the Liberals on the Canadian heritage committee had run roughshod over the rules and broke several of them in trying to rush the bill through Parliament before the opportunistic and unnecessary early election the Prime Minister called that August.

Now it seems that the Liberals are equally hasty in ramming their Internet control bill through the House once again. It is almost as if the government is in a rush to clear the decks for something to come.

I hope you will find in favour of my point of order, Mr. Speaker, and I look forward to your response.

Income Tax Act

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, in the statements the member has made, there are some aspects I agree with, and others I disagree with. When we talk about Bill C-241 itself, there are issues with tax fairness within the legislation. There is a lack of safeguards within the legislation that the member talks about supporting. There are some technical deficiencies within the legislation.

I think that, if we take a look, if I may, at Bill C-19, which was the federal legislation that was brought forward, we would see that, in moving forward with the labour mobility tax credit, it does allow for workers in the building and construction trades to deduct up to $4,000 in eligible travel and temporary relocation expenses, giving them a tax credit of up to $600 a year.

The labour mobility tax credit goes a long way in being supportive of an industry. The member made reference to the construction industry in the province of Quebec, and the construction industry in the province of Quebec is, in fact, very important to the government. We recognize that there are many ways and many areas in which, throughout the country, we can look at how we can further enhance and support the construction industry. There is a labour shortage. The member made reference to the kind of actions, and the number of jobs the government created. I think it is worthy of note.

Do members know that over 800,000 jobs have been created if we look at the number of jobs in Canada prepandemic? We can take a look at the number from before the pandemic started, and we can add about 825,000 or 830,000 new jobs since that time. I would ultimately argue that the government has been very successful at ensuring that Canada is in a great position to come back in a better and healthier way when it comes to the whole issue of jobs.

Yes, there is a huge demand for employees in the different regions of the country. There are certain sectors, and the construction area is one of them. That is one of the reasons why we look at other mechanisms we could put into place to support. Whether it is forgiving the interest for apprentices on federal loans, the enhancement of the labour mobility tax credit, or other initiatives, I believe that it is contributing and making a difference.

We also recognize that immigration can play a critical role in meeting our labour demands, not only for today but also into the future. Further to that, I have always argued that, if we look outside Canada to supply workers, we should also, at the same time, look at ways we can enable those workers to become landed immigrants to Canada. That is something that has been very important to the government.

We have been looking at ways in which we can add to the workforce by bringing in international students. This has had a positive impact in Canada, in many different ways, not only filling literally tens of thousands of jobs, but also adding to the social fabric in which we all live in and have grown to appreciate.

The numbers of, and I use this as an example, international students today, compared to what it was seven, eight years ago, have multiplied significantly, from the 35,000 or 40,000 to closer to 350,000. There are significant numbers of international students who are studying a wide spectrum of issues. The member spoke prior talked about construction jobs, and many of students are taking those types of construction jobs. They are getting an education at our colleges and, in some cases, universities, to work either directly or indirectly in the construction industry.

We are looking at ways to further enhance opportunities for those who want to enter the occupation. There are many examples of low-income families working in the industry. I am very pleased with the fact that we have the federal refund tax credit for the Canada workers benefit program. Tens of thousands of Canadians are directly benefiting from that credit. It is significant. An individual receives just over $1,400 and a family unit receives up to $2,400 to assist workers with a lower income.

We can look at the basic tax exemption. I talk about this because taxation policy does matter and does make a difference. The government has looked at the labour mobility tax credit within Bill C-19 and has addressed many of the shortcomings I pointed out in regard to Bill C-241. I had the opportunity to look into what Bill C-241 is proposing, and I would suggest there are too many technical deficiencies. There is an issue of taxation fairness in some of the areas. There is, in fact, a lack of safeguards, as I pointed out. The sponsor of the legislation can maybe sit down with ministers or others and expand on some of those points.

When it comes to apprenticeship programs and ways we can support labour enhancement, the government has been very progressive in trying to deal with that and enhance it. I have been with the Prime Minister in Manitoba on one or two occasions to look at how we can contribute to enhancing trade and labour in the province of Manitoba. We have wonderful organizations out there that are developing programs.

Earlier today we heard the Conservatives finally get on board with the idea of national opportunities for individuals to be recognized in health care professions and have mobility rights across Canada. They refer to it as a “blue seal”. I suspect they are taking that idea in part from the Red Seal program, which is for tradespeople. Whether it is someone international or someone who takes culinary arts to achieve the Red Seal, it has a profoundly positive impact for that individual.

When we look at the construction industry, there is potential growth in that area with regard to getting recognition from a national perspective. The government, through taxation policies, has been there and continues to be there for the construction industry in particular, but also, as I pointed out, for those who are on the low-income scale. Not all construction workers are able to collect the annual money necessary to provide for a full family or even themselves. That is why we have provided the enhancement of the Canada workers benefit program.

I believe it is important that we use our taxation policy as a mechanism to support families and individuals in different situations. One of those situations is looking at ways we can enhance our labour market and support the people who are working so hard to get ahead in life, particularly by upgrading their skills. Apprenticeship programs are an excellent example of that.

Immigration and Refugee Protection Act

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Mr. Speaker, it is always a great honour to stand in this place to speak on behalf of the residents and constituents of Edmonton Strathcona. I am particularly delighted to stand today to speak about our sanctions regime and the work that needs to be done to strengthen it and ensure it is as adequate and as strong as it can be.

We know that sanctions are one of the tools we have to hold governments and individuals around the world to the rule of law, to human rights, to democracy and to fairness and justice for their citizens. For a very long time, many members in this place have worked very hard and well together to try to increase the effectiveness of our sanctions regime and the ability of sanctions to do what we hope they will do, which is to change the course of governments and individuals, to change their behaviour and punish them for the harms they have caused without harming and punishing innocent people and citizens.

The act we are debating today is Bill S-8. This act would amend the Immigration and Refugee Protection Act, to make consequential amendments to other acts and to amend the Immigration and Refugee Protection Regulations.

The proposed legislation amends the Immigration and Refugee Protection Act, or the IRPA, and it provides Canada with much-needed abilities to better link government sanctions with authorities related to immigration enforcement. I think we can all agree that this means that not only will foreign nationals sanctioned due to the invasion of Ukraine be inadmissible to Canada, but it will also stop all previously sanctioned individuals from places like Iran, Myanmar or Burma, South Sudan, Syria, Venezuela and Zimbabwe among others.

I and the NDP are very supportive of the bill, but we need to consider, and most of my comments today will be on this, that this is a small piece of what needs to be done to strengthen Canada's sanctions regime.

The bill would not fix some of the things for which we have been calling for some time; for example, the absence of parliamentary oversight. We have very little parliamentary oversight of our sanctions regime, and I will speak to that a bit later.

This would also not fix the enforcement in areas that are not immigration related, for example, the seizure of assets. Again, I will speak to this in more depth later on, but I would raise again in the House that to date about $121 million has been seized from Russian oligarchs as part of our sanctions regime to force Russia to stop its illegal war in Ukraine. While that $121 million is an awful lot to me and probably an awful lot to most of us in this room and in the country, it is not an awful lot for Russian oligarchs.

The bill would also not fix the challenge that we as parliamentarians have with clarity. We still do not have a good system in this place that explains why the government chooses to add some people to the list to be sanctioned, how those decisions are made and how the timing of those decisions is determined. We know we work with our allies and other countries. That is very important for sanctions to be effective. However, as parliamentarians, we need to have more clarity on how those decisions are made.

As we go forward in looking at strengthening the sanctions regime, there are people in the House who have been doing very important work on this. I have to call out my colleague from the Conservative Party, the member for Selkirk—Interlake—Eastman, for his excellent work on the Magnitsky sanctions. The Deputy Prime Minister also did great work on ensuring the Magnitsky act was put in place. Of course, as some people have mentioned before, and my colleague from the Bloc mentioned just previously, the challenge is that putting a law in place does not actually matter if we do not enforce it or if we do not ensure it is adequately applied.

A perfect example of this is that with the Magnitsky sanctions, we are supposed to do a five-year review. Five years is 2022. There is some review being done in the Senate, but we have not done any review within the foreign affairs committee or within this Parliament. For me, that is the challenge we have.

I spoke briefly about the need to strengthen our sanctions regime. For years, the NDP has been pushing for a stronger sanctions regime. We are happy to see some of the important changes that this bill would bring forward, but there are things we have been asking for for years, including in the 2017 foreign affairs committee study on Canada's sanctions regime. Many of the recommendations from that study have not been implemented. We look forward to the government moving somewhat faster than it has to date to make sure those are implemented, especially considering that right now what we are seeing in Ukraine is a vital need for sanctions to be a key piece of our response to the Ukrainian war.

Another example of why our sanctions regime has not been as effective as it could be is the waiver. We saw the government in the summer, in the middle of July, put a waiver in place that would cancel some of the important sanctions we put in place against Russia. I am not going to stand here and pretend that would not have been a very difficult decision for the government to make. Our German allies and Ukrainian allies were asking for different things, and that is a very difficult situation to be in. While I did not agree with the decision that was made by the government, I do accept it was a difficult decision to make.

That said, first of all, the pipeline the waiver was supporting was a piece of equipment returned to Germany to be returned to Russia, and Russia did not pick it up. The second thing is that the pipeline it was meant to be used on has now been blown up. There is no reason whatsoever for us to still have this waiver in place and still have this lessening of our sanctions against Russia, yet we still do.

The Government of Canada has still not cancelled the waiver, which is appalling. It is something it should be doing immediately. I know the foreign affairs committee will be recommending that, if we can get out of the filibuster that has been put in place by some of our colleagues in the Conservative Party.

The other piece of our sanctions regime that I want to know about is how we can double-check it to see that what is happening is adequate and being done properly. I have talked a bit about sanctions oversight, and we know that after Russia invaded Ukraine in February, sanctions were put in place. However, we also know that those sanctions trickled out after months and months. We learned that many oligarchs had the opportunity to move their assets from Canada so they would not have those assets seized. That is a missed opportunity since those assets were supposed to help rebuild Ukraine and help with the rebuilding initiatives.

We also know that the government has failed to provide the clarity on sanctions that we have hoped for. For example, I have asked about this multiple times in the House and through Order Paper questions to get more information and details on who is being sanctioned, what is being sanctioned, what has been seized, how it is being seized and what processes are being used. However, I have never been able to get an adequate answer from the government.

In fact, one of the Order Paper questions was returned to me with a response that said the government was not 100% sure that it would be able to give me accurate information, so it provided me with no information at all. That is an interesting tactic. I would love to see somebody try to say in a high school or university course that since they are not sure they are giving all the information, they will give none at all. That is something we have problems with. We still do not have that level of clarity.

I have another concern. When the government introduced the last budget implementation act, there was a change to the way that sanctions were dealt with. In the past, there was parliamentary oversight because the government needed to record the use of the sanctions regime or the sanctions act and needed to report it to Parliament. It needed to be tabled with Parliament.

In the Budget Implementation Act, that requirement was removed. Therefore, it is now no longer the government's obligation to tell Parliament what those sanctions are or what has been seized. We could find out if we took the government to court and used a judicial remedy, but we cannot find out just through parliamentary processes.

This is taking away the right of all parliamentarians to have that transparency and to have that understanding of how our sanctions are being chosen, how they are being enforced and if they are working. A sanction is not that useful if it is not being enforced. A sanction is not that important if countries or individuals understand that it will not be enforced in Canada.

There is an interesting thing I found out as I was doing some digging around sanctions. If we want to find out what goods are coming into Canada from Russia, we can look at Russian shipping records. We cannot find that out by looking at Canadian shipping records.

It is very interesting to me that there is transparency that can be found in the U.S., the U.K., the EU and Russia, but we cannot find it here.

That is another challenge I have with our sanction regime. As I said at the beginning, this particular bill would help with some aspects of our sanction regime. I am very happy to support this legislation. I am very happy to see that it would be fixing some of those holes around our sanction regime. However, this seems very much, to me, like tinkering around the edges.

We have heard from the Senate. One of the key quotations from the Senate hearings on Bill S-8, from Canada's foremost expert on sanctions policy, Andrea Charron, was this:

While there is nothing wrong with highlighting in the Immigration and Refugee Act that inadmissibility due to sanctions is possible, this repeats a pattern whereby Canada tinkers on the margins of legislation without addressing core policy and process issues. If we are to continue to sanction autonomously with allies, we need to fix fundamental issues of policy and [fundamental issues of] process.

I believe that we have many things we still need to do. We need to have a comprehensive review of Canada's sanction regime. The NDP has proposed a study at the foreign affairs committee on Canada's sanction regime. That study was meant to have taken place during this fall's session. We are very hopeful that it will take place very quickly once the winter session begins. I urge my colleagues in the Conservative Party to stop filibustering our committee so that we can get on with the very important work of foreign affairs.

We can ensure that our sanctions are being more effectively applied. We can bring forward legislation that would align with the recommendations in the 2017 foreign affairs committee report that called for greater transparency. It called for a review of our sanctions regime and called for a parliamentary body of all parties that would assist in identifying which names and which individuals should be on the Magnitsky list and should be sanctioned by the Government of Canada.

One of our biggest problems, and I have said this many times, is that if we cannot fix our sanction regime, our sanction regime very quickly becomes not as effective and not as useful as we need it to be.

I think that members of the House have brought up circumstances where that is the case. We know that, for example, in Ukraine, sanctions are one of the key tools we have to hold Russia to account for its illegal invasion in Ukraine. It is one of the key levers that Canada can pull to force the Russian Federation to rethink this horrific and illegal attack on civilians.

It is also one of the things that we can use when other human rights abuses are raised around the world. We are seeing horrific attacks on protesters in Iran. Just this morning, I woke up to another horrific example of a protester being executed because he was fighting for his freedom. We know that there are many Iranians who are in grave danger right now. If this sanction regime can be fixed and can help the people in Iran even a little bit, it has to be done.

I am interested in looking at sanctioning a whole range of characters around the world who we know have been responsible for atrocious human rights abuses, such as what we see in Yemen and from members of Saudi Arabia. We need to be ensuring that, as a country, we are standing up for human rights, using the tools we have at our disposal for those efforts.

I also want to point out that the sanctions regime is a tool we also have to use for our feminist international assistance policy and for the feminist foreign policy that we certainly hope the government tables in Parliament very soon. We know that a huge percentage of the people who are identified by the Magnitsky sanctions and the other SEMA sanction measures are perpetrating human rights abuses that are disproportionately impacting women and girls around the world. We know that sexual violence and gender-based violence have been used as a tool to silence journalists and human rights defenders around the world. We know that rape has been used. This violence does not align with a country like Canada, which has a feminist foreign policy and a feminist international assistance policy, and we need to be looking at our foreign responses through that lens.

I would like to end my comments with this. As I was travelling here from Edmonton yesterday, I took some time to read some of the speeches from the Nobel Peace Prize winners, and I want to read a quote to the House. It is by Oleksandra Matviichuk from the Center for Civil Liberties, the 2022 Nobel Peace Prize winner. She spoke to me about the need for sanctions and why it was so important that we work with our allies to make our sanctions regime stronger.

She stated:

Peace, progress and human rights are inextricably linked. A state that kills journalists, imprisons activists, or disperses peaceful demonstrations poses a threat not only to its citizens. Such a state poses a threat to the entire region and peace in the world as a whole. Therefore, the world must adequately respond to systemic violations. In political decision-making, human rights must be as important as economic benefits or security. This approach {must} be applied in foreign policy...

Fall Economic Statement Implementation Act, 2022

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I will begin by saying that I am sharing my time with my colleague from Jonquière.

I rise today to speak to Bill C‑32, on the 2022 fall economic statement. Unfortunately, this bill seems more impressive in form than in substance. Bill C‑32 contains maybe 25 various tax measures and a dozen or so non-tax measures. It may seem like a lot at first glance, but these are in fact two kinds of measures. Some are just minor amendments, like the ones this Parliament adopts on a regular basis, while others were already announced in the spring budget but had not been incorporated into the first budget implementation bill in June, Bill C‑19. In cooking we call that leftovers.

Simply put, like the economic statement of November 3, Bill C‑32 does not include any measures to address the new economic reality brought on by the high cost of living and a possible recession. This is a completely missed opportunity for the federal government. This bill will not exactly go down in history and its lack of vision does not deserve much praise either.

However, it does not contain anything “harmful” enough to warrant opposing it or trying to block it. The government often tends to bury harmful measures in its omnibus budget implementation bills, hoping they will go unnoticed, but that is not the case here. The bill contains no surprises, either good or bad.

As my colleagues can see, I am trying very hard to show some good faith. Bill C‑32 contains some worthwhile measures, but they were already announced in the last budget. I will go over them briefly.

An anti-flipping tax has been implemented to limit real estate speculation. That is a good thing. A multi-generational home renovation tax credit has also been created for those who are renovating their home to accommodate an aging or disabled parent. The Bloc has been calling for such a measure since 2015, as have many seniors' groups that have contacted me many times about this issue. I commend the government for introducing it.

There is also a first-time homebuyer tax credit to cover a portion of the closing costs involved in buying a home, such as notary fees and the transfer tax. It is hard to be against apple pie. There is also a temporary surtax and a permanent increase to the tax rate for banks and financial institutions, as well as the elimination of interest on student loans outside Quebec. Quebec has its own system, so it will receive an unconditional transfer equivalent to the amount Quebeckers would have received had they participated in the federal program.

In addition, a tax measure that supports oil extraction has been eliminated. It is just one drop in the bucket of subsidies, but it is a start. A tax measure is being implemented to promote mining development in the area of the critical minerals that are needed for the energy transition. In addition, assistance can be provided to a particular government. That is interesting. A total of $7 billion to $14 billion will be available for all foreign countries, when previously, it was $2.5 billion to $5 billion. While we are still far from the United Nations goal of 0.07% of gross GDP, the government is enhancing Canada's international aid, something the Bloc has been calling for for some time. As the status of women critic, I am regularly reminded that Canada can and must do more and better to safeguard the health of women and girls internationally.

Bill C‑32 sidesteps the big challenges facing our society, but there is nothing bad in it. It puts forward a few measures and does some legislative housekeeping that was necessary under the circumstances.

As such, I will reiterate, half-heartedly, what other Bloc members have said: We will vote in favour of Bill C‑32 even though the economic statement was disappointing. We take issue with an economic update that mentions the inflation problem 115 times but offers no additional support to vulnerable people and no new solutions despite the fact that a recession is expected to hit in 2023. The government seems to think everything will work out with an “abracadabra” and a wave of its magic wand.

Quebeckers concerned about the high cost of living will find little comfort in this economic update. They will have to make do with what is basically the next step in the implementation of last spring's budget, even though the Bloc Québécois did ask the government to focus on its fundamental responsibilities toward vulnerable people.

For the rest of my speech, I will therefore focus on the lack of increased health transfers, the lack of adequate support for people aged 65 and over, and the lack of much-needed genuine reform to EI, which, I should note, is the best stabilizer in times of economic difficulty. Sadly, the government dismissed our three requests, even though they made perfect sense. We can only denounce this as a missed opportunity to help Quebeckers deal with the tough times that they are already going through or may face in the months to come.

First, the Bloc Québécois asked the federal government to agree to the unanimous request of Quebec and the provinces to increase health transfers immediately, permanently and unconditionally. ER doctors are warning that our hospitals have reached breaking point, but the federal government is not acting. It clearly prefers its strategy of prolonging the health funding crisis in the hope of breaking the provinces' united front in order to convince them to water down their funding demand. It is the old tactic of divide and conquer.

I want to remind my colleagues that yesterday, at the Standing Committee on the Status of Women, on which I sit, during our study on the mental health of women and girls, the ministers of Women and Gender Equality and of Mental Health acknowledged that the national action plan concept, which seeks to impose national standards, was slowing down the process. Meanwhile, the women and girls who are suffering are being held hostage. The government's feminist posturing must end.

Second, people between the ages of 65 and 74 continue to be denied the increase to old age security, which they need more than ever before. Seniors live on fixed incomes, so they cannot deal with such a sharp rise in the cost of living in real time. They are the people most likely to have to make tough choices at the grocery store or the pharmacy, yet the government continues to penalize those who are less well-off and who would like to work more without losing their benefits. Unlike the federal government, inflation does not discriminate against seniors based on their age.

Currently, Canada's income replacement rate, meaning the percentage of income that a senior retains at retirement, is one of the lowest in the OECD. We cannot say that the government is treating seniors with dignity.

There is also the increase to old age security, which should prevent demographic changes from significantly slowing economic activity. Contrary to what the government says, starving seniors aged 65 to 75 will not encourage them to remain employed. That is done by no longer penalizing them when they work.

Not a day goes by that I do not receive a message from citizens about this. This morning, I again received comments from important seniors' groups such as AQDR and FADOQ, and they can be summarized in one word: disappointment. I do not even want to talk about the brilliant decision-makers who want to delay the pension process for 10% of seniors.

Third, let us remind the government that employment insurance is an excellent economic stabilizer in the event of a recession. While more and more analysts fear the possibility of a recession in 2023, the Canadian government seems to be backtracking on the comprehensive employment insurance reform that they promised last summer.

Essentially, the system has been dismantled over the years. Currently, six of 10 workers who lose their jobs do not qualify for EI. That is significant, it is a majority, it is 60%. Seven years after the government promised reform, time is running out. We must avoid being forced to improvise a new CERB to offset the shortcomings of the system if a recession hits.

During the pandemic, we saw that improvised programs cost a lot more and are much less effective. Above all, the government's financial forecasts show that it does not anticipate many more claims. In fact, the government is forecasting a surplus of $25 billion in the employment insurance fund by 2028, money that will go to the consolidated fund rather than improve the system's coverage. As for the 26 weeks of sick leave, the measure was in Bill C‑30 to update budget 2021, passed 18 months ago, even before the last elections. All that is missing is the government decree to implement it, but those who are sick are still waiting.

One last important thing: Last weekend, I attended the Musicophonie benefit concert for a foundation in our area, the Fondation Louis-Philippe Janvier, which helps young adults suffering from cancer. I was told that the organization does indeed have to make up for the government's lack of financial support. That adds to the unimaginable stress on those who are sick, who should instead be focusing on healing with dignity. Even 26 weeks is inhumane. A person cannot recover properly in that time frame.

In closing, the government is acknowledging the rising cost of living without doing anything about it. It is warning of difficult times ahead this winter without providing a way to get through them. It makes some grim economic predictions without ever considering any of the opposition's proposals as to how to prepare ourselves.

As a final point, I want to talk about supply chains. We learned how fragile they are during the pandemic. Last spring's budget document mentioned the problem 71 times. The budget update mentioned it another 45 times. Neither one includes any measures to tackle the problem, leaving business owners in limbo. The new Liberal-Conservative finance minister missed the opportunity to send a clear message of leadership and instead raised fears about potential austerity. The government is rehashing past measures, implementing what it already announced in the April budget, but there is no indication that it has a clear sense of direction, leaving the people who really need it out in the cold.

For those who lose their jobs, we need EI reform. For those who are sick, we need to increase health transfers. For our seniors, we need to give them more money so they can age with dignity.

Statement Concerning the Similarities Between Bill C-250 and Bill C-19—Speaker's Ruling

[The Speaker, Anthony Rota]

I would like to provide a short update regarding a statement I made on May 11, 2022, concerning similarities between two bills that were before the House at that time. They were Bill C-250, an act to amend the Criminal Code (prohibition—promotion of antisemitism), standing in the name of the member for Saskatoon—Grasswood, and Bill C-19, an act to implement certain provisions of the budget tabled in Parliament on April 7, 2022, and other measures.

As members will recall, clause 332 of Bill C-19 contained near identical text to Bill C-250. To be more specific, the two bills sought to amend section 319 of the Criminal Code pertaining to hate propaganda, for similar purposes. Both made it an offence to wilfully promote antisemitism by condoning, denying or downplaying the Holocaust through statements communicated other than in private conversation. There was only a minor difference in the wording of one of the acceptable defences.

As indicated in my earlier statement on this matter, there is a long-standing principle to keep or avoid having the same question from being decided twice within the same session. On May 11, 2022, the Chair had therefore ordered that, pending the fate of Bill C-19, Bill C-250 may not be called for its second hour of debate at second reading.

Bill C-19 received royal assent on June 23, 2022. Accordingly, I am ordering that the order for the second reading of Bill C-250 be discharged and that the bill be dropped from the Order Paper.

I thank all the members for their attention.

Order Respecting the Business of the House and its Committees

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

moved:

That, notwithstanding any standing order, special order or usual practice of the House, beginning on Friday, June 24, 2022, and ending on Friday, June 23, 2023:

(a) members may participate in proceedings of the House either in person or by videoconference, provided that members participating remotely be in Canada;

(b) members who participate remotely in a sitting of the House be counted for the purpose of quorum;

(c) provisions in the Standing Orders to the need for members to rise or to be in their place, as well as any reference to the chair, the table or the chamber shall be interpreted in a manner consistent with the virtual and hybrid nature of the proceedings;

(d) the application of Standing Order 17 shall be suspended;

(e) in Standing Orders 26(2), 53(4), 56.1(3), and 56.2(2), the reference to the number of members required to rise be replaced with the word “five”;

(f) the application of Standing Order 62 shall be suspended for any member participating remotely;

(g) documents may be laid before the House or presented to the House electronically, provided that:

(i) documents deposited pursuant to Standing Order 32(1) shall be deposited with the Clerk of the House electronically,

(ii) documents shall be transmitted to the clerk by members prior to their intervention,

(iii) any petition presented pursuant to Standing Order 36(5) may be filed with the clerk electronically,

(iv) responses to questions on the Order Paper deposited pursuant to Standing Order 39 may be tabled electronically;

(h) should the House resolve itself in a committee of the whole, the Chair may preside from the Speaker’s chair;

(i) when a question that could lead to a recorded division is put to the House, in lieu of calling for the yeas and nays, one representative of a recognized party can rise to request a recorded vote or to indicate that the motion is adopted on division, provided that a request for a recorded division has precedence;

(j) when a recorded division is requested in respect of a debatable motion, or a motion to concur in a bill at report stage on a Friday, including any division arising as a consequence of the application of Standing Order 78, but excluding any division in relation to the budget debate, pursuant to Standing Order 84, or the business of supply occurring on the last supply day of a period, other than as provided in Standing Orders 81(17) and 81(18)(b), or arising as a consequence of an order made pursuant to Standing Order 57,

(i) before 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the conclusion of Oral Questions at that day’s sitting, or

(ii) after 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, or at any time on a Friday, it shall stand deferred until the conclusion of Oral Questions at the next sitting day that is not a Friday,

provided that any extension of time pursuant to Standing Order 45(7.1) shall not exceed 90 minutes;

(k) if a motion for the previous question under Standing Order 61 is adopted without a recorded division, the vote on the main question may be deferred under the provisions of paragraph (j), however if a recorded division is requested on the previous question, and such division is deferred and the previous question subsequently adopted, the vote on the original question shall not be deferred;

(l) when a recorded division, which would have ordinarily been deemed deferred to immediately before the time provided for Private Members’ Business on a Wednesday governed by this order, is requested, the said division is deemed to have been deferred until the conclusion of Oral Questions on the same Wednesday, provided that such recorded divisions be taken after the other recorded divisions deferred at that time;

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

(n) when a recorded division is to be held, the bells to call in the members shall be sounded for not more than 30 minutes, except recorded divisions deferred to the conclusion of Oral Questions, when the bells shall be sounded for not more than 15 minutes;

(o) recorded divisions shall take place in the usual way for members participating in person or by electronic means through the House of Commons electronic voting application for all other members, provided that:

(i) electronic votes shall be cast from within Canada using the member’s House-managed mobile device and the member’s personal House of Commons account, and that each vote require visual identity validation,

(ii) the period allowed for voting electronically on a motion shall be 10 minutes, to begin after the Chair has read the motion to the House, and members voting electronically may change their vote until the electronic voting period has closed,

(iii) in the event a member casts their vote both in person and electronically, a vote cast in person take precedence,

(iv) any member unable to vote via the electronic voting system during the 10-minute period due to technical issues may connect to the virtual sitting to indicate to the Chair their voting intention by the House videoconferencing system,

(v) following any concern, identified by the electronic voting system, which is raised by a House officer of a recognized party regarding the visual identity of a member using the electronic voting system, the member in question shall respond immediately to confirm their vote, either in person or by the House videoconferencing system, failing which the vote shall not be recorded,

(vi) the whip of each recognized party have access to a tool to confirm the visual identity of each member voting by electronic means, and that the votes of members voting by electronic means be made available to the public during the period allowed for the vote,

(vii) the process for votes in committees of the whole take place in a manner similar to the process for votes during sittings of the House with the exception of the requirement to call in the members,

(viii) any question to be resolved by secret ballot be excluded from this order,

(ix) during the taking of a recorded division on a private members’ business, when the sponsor of the item is the first to vote and present at the beginning of the vote, the member be called first, whether participating in person or remotely;

(p) during meetings of standing, standing joint, special, special joint, except the Special Joint Committee on the Declaration of Emergency, and legislative committees and the Liaison Committee, as well as their subcommittees, where applicable, members may participate either in person or by videoconference, and provided that priority use of House resources for meetings shall be established by an agreement of the whips and, for virtual or hybrid meetings, the following provisions shall apply:

(i) members who participate remotely shall be counted for the purpose of quorum,

(ii) except for those decided unanimously or on division, all questions shall be decided by a recorded vote,

(iii) when more than one motion is proposed for the election of a chair or a vice-chair of a committee, any motion received after the initial one shall be taken as a notice of motion and such motions shall be put to the committee seriatim until one is adopted,

(iv) public proceedings shall be made available to the public via the House of Commons website,

(v) in camera proceedings may be conducted in a manner that takes into account the potential risks to confidentiality inherent in meetings with remote participants,

(vi) notices of membership substitutions pursuant to Standing Order 114(2) and requests pursuant to Standing Order 106(4) may be filed with the clerk of each committee by email; and

(q) notwithstanding the order adopted on Wednesday, March 2, 2022, regarding the Special Joint Committee on the Declaration of Emergency, until the committee ceases to exist and where applicable,

(i) the committee shall hold meetings in person only should this be necessary to consider any matter referred to it pursuant to subsection 61(2) of the act,

(ii) members who participate remotely shall be counted for the purpose of quorum,

(iii) except for those decided unanimously or on division, all questions shall be decided by a recorded vote,

(iv) in camera proceedings may be conducted in a manner that takes into account the potential risks to confidentiality inherent in meetings with remote participants,

(v) when more than one motion is proposed for the election of the House vice-chairs, any motion received after the initial one shall be taken as a notice of motion and such motions shall be put to the committee seriatim until one is adopted;

that a message be sent to the Senate to acquaint Their Honours that this House has passed this order; and

that the Standing Committee on Procedure and House Affairs be instructed to undertake a study on hybrid proceedings and the aforementioned changes to the Standing Orders and the usual practice of the House.

Madam Speaker, it is my pleasure to rise on this motion and talk about the extension of hybrid provisions for one year and the opportunity for the procedure and House affairs committee members to study the issue of either the use or the non-use of those provisions as they deem through their process and their recommendations thereafter.

I will take us back for a moment to March 2020. As the whole business of the pandemic was unfolding, it was about a week before this House shut down when I had a conversation with the House administration at that time asking what the pandemic plan was and what we had on the books. Of course, those who wrote it had put something together, but it became apparent very quickly upon looking at it that the intersection of what was planned with what happened in real life meant that the plan, frankly, was not of much use.

We then began a process, and I want to thank members from all parties, reflecting back on those early days in March 2020, as we attempted to find a way for Canada's Parliament to continue to do its business and to make sure that, notwithstanding the fact that we had this incredible public health emergency that sent people to their homes, Canadians knew that the seat of their democracy continued to function, continued to get bills passed and continued to put supports out there for them.

Before I talk about some of those supports, I want to take a moment to thank the House administration and officials who worked with us to create these tools and innovations to allow our democracy to continue to function. In an incredibly short period of time, an ability was developed to participate and vote virtually. This eventually led to a voting app and other refinements that have enabled members, whether or not they are sick, whether or not they are unable to be at the House for medical or other reasons, to continue to participate in the proceedings of the House and to make sure they are not disenfranchised and their constituents continue to be represented.

Members would remember that Canadians and businesses were reeling in those early days of COVID, and some three million jobs were lost. There was a real state of folks not knowing where things were going to go. Small businesses were left unable to serve their customers and wondering what their future would be. It was specifically because of the provisions we put in place, which all parties worked on with the House administration, that we were able to still get those supports adopted and make historic support available to make sure that businesses and individuals did not fall through the cracks.

Now we see the economy roaring back, and 115% of jobs lost during the pandemic have come back, compared to below 100% for the United States. We see us being a world leader in economic growth, number two in the G7 and trending towards being number one next year. It is absolutely evident that the supports that were put in place to make sure that Canadians did not fall through the cracks were what got us there.

When we think of the bravery of people opening a small business, taking a chance and putting themselves out in the world, putting their shingle out and hoping to survive, there are a lot of things they have to prepare for, such as the possibility that their product may not be as popular as they had hoped, or the long hours that they, and the people they employ, will have to put in to try to make the business successful. Of course, it is not reasonable for folks to expect that a global pandemic will be the thing that shuts them down. It was, in fact, those hybrid provisions that enabled people to get that work done.

The pandemic continues, but before I talk about the continuing pandemic, I will take a moment to talk about all the things that we got done, and not just those historic supports.

As the pandemic came and went, as we thought it was over last November and we thought that things might be returning to a sense of normalcy but we got hit by omicron, the flexibility of Parliament meant that we were able to continue to get the job of the nation done. We can take a look at how much Parliament was able to accomplish from January to June: 14 bills, not including supply, were presented, and we introduced seven bills in the Senate on a range of important issues. Many of the bills that we are passing now or that have just passed through the House are going to the Senate, and it is our hope and expectation, particularly with the great work that was just done on Bill C-28, that the Senate will be able to get that done as well before it rises for the summer. This was all done using the hybrid provisions.

Let us take a look at some of those bills.

Bill C-19 is critical to grow our economy, foster clean technology, strengthen our health care system and make life more affordable for Canadians in areas such as housing and child care.

Bill C-18 would make sure that media and journalists in Canadian digital news receive fair compensation for their work in an incredibly challenged digital environment.

Bill C-11 would require online streaming services to contribute to the creation and availability of Canadian stories and music to better support Canadian artists.

Bill C-21 would protect Canadians from the dangers of firearms in our communities, making sure that we freeze the market on handguns, attack smuggling at the border and implement red flag provisions to address domestic violence.

Bill C-22 was brought forward to reduce poverty among persons with disabilities in Canada and is part of a broader strategy that has seen more than one million Canadians lifted out of poverty. That is particularly remarkable when we think that it was this government that set the first targets ever for poverty reduction. After we set those goals, we have been exceeding them every step of the way, and Bill C-22 is a big part of that strategy.

Bill C-28, which I talked about a minute ago, deals with the extreme intoxication defence. It is a great example of Parliament in a hybrid environment being able to work collaboratively to ensure that we close an important loophole to make sure that the extreme intoxication defence is not used when murder has been committed.

These are just some of the bills that we have been able to put forward, and we have been able to do so in a way that empowered all members of Parliament to be able to participate, whether they had COVID or not.

To give members a sense of the challenges, not only was all of this done using the hybrid system and during the middle of a pandemic, but it was done while dealing with obstruction. We saw all the times the Conservatives obstructed government legislation. In fact, 17 times over the past 14 weeks, the Conservatives used obstruction tactics, using concurrence motions and other tactics to block and obstruct, in many cases, legislation that was supported by three out of the four official parties here. They took the opportunity to obstruct, yet despite that, we have been able to make great progress.

The Conservatives support Bill C-14, yet we ended up spending a night because they were moving motions to hear their own speakers. At the MAID committee looking at medical assistance in dying, where there was incredibly sensitive testimony, witnesses were not able to testify because of the tactics and games that were happening here in this place. However, despite all that, in a hybrid environment we have been able to move forward.

Let us look at last week. Last week there were five members of the Liberal caucus who had COVID, and one of these people was the Prime Minister. I do not know how many members there were in other caucuses, but all were still able to participate in these proceedings. Every day, unfortunately, thousands of Canadians across the country continue to get COVID. Sadly, many of them are in hospitals and, even more tragically, many of them are dying. This pandemic is still very much a reality.

What we have seen over the last two years is that every time we try to start a parliamentary session, we spend weeks debating whether we should or should not continue using the hybrid system. Parliament deserves stability. People are still getting COVID. They have the right to be able to participate in this place, and as has been demonstrated by the incredible amount of work we have been able to get done during the pandemic, from historic supports in the deepest, darkest time of the pandemic to the more recent times dealing with a whole range of legislation that is absolutely critical to Canadians, these provisions allow us to continue to do the work of this nation in extraordinary times.

I do not think we should be in a position such that every time we start Parliament, we continue to have this debate. Canadians need predictability, as we do not know where this pandemic or public health circumstances are going. Canadians need predictability until the House of Commons, through a committee process, can evaluate the utility and usefulness of the provisions outside of a pandemic reality to see if they should be extended or used. We need to have a proper, thorough debate in that venue, hearing from witnesses, hearing from parliamentarians, taking a look at what was accomplished and at what could be done better or differently.

We are already seeing big improvements in everything, from the services that are being delivered to interpretation. I look forward to PROC's work to see whether or not these provisions have utility, but until then, this measure would give us the stability for PROC to do its report and for Parliament to continue to function in incredibly challenging times.

That is why I think it is only prudent to pass this measure now. It is so that Parliament will have the stability to do its work, so Canadians will know this work will not be interrupted, and so we can focus instead on the business of the nation.

Government Policies

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Mr. Speaker, airports are in chaos. The passport office is snowed under. Inflation is out of control. Ministers are misleading Parliament. The government's current priorities are an incoherent mess.

Bill C-5 would drop sentencing requirements on violent offenders and drug traffickers and open the door for sex offenders to serve community sentences near their victims. Bill C-21 pretends to address gun violence, but literally only affects people who obey Canada's existing strict firearms laws. Bill C-19 would remove any pretense of fiscal control from the undisciplined and unserious government. Bill C-11 is a bill that would give the CRTC the power to control what Canadians find and post on the Internet. None of these bills would do anything to fix any of Canada's serious problems.

If these are the government's priorities for the next two weeks, I suggest it quit now and spend the summer coming up with a real agenda to help Canadians.

Concurrence in Vote 1—Department of Justice

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, if the member opposite is having a difficult time following the logic here, I would suggest that she leave the chamber or not listen, as opposed to interrupting.

This is in fact very relevant. We have the opposition focusing their attention on an issue, but the government of the day is focused on the issues that are facing Canadians. Whether it is today or during the budget debate or debate on Bill C-19, we have been consistent on these types of issues. It is the official opposition that has not been consistent. The opposition has not been focused on these important budgetary measures because it has been focused on other issues to try to stir the pot.

I am using the issue of the mandates as a tangible example. The wannabe leader of the Conservative Party was out saying, “Let us end the mandates”, and the minions within the chamber who are supporting that leader are espousing the same policy. To say that this issue is not relevant is ridiculous, because those are the types of issues they were talking about during the budget debate. Even when the Province of Quebec still had a curfew in place, the Conservatives were focused on ending mandates.

The member for Carleton made reference to the Bank of Canada and its governor. It was very discouraging. When we talk about issues of inflation and what is happening in our economy today and the person who is likely the new leader of the Conservative Party is going around diminishing the value and the importance of the Bank of Canada and its governor, we should all be concerned. That person has not won yet, and maybe he will not win, but he is definitely supported by a majority of the members opposite in the Conservative Party, and these are important budgetary-type issues, because the Bank of Canada does play an important role. It is supposed to be arm's length.

The Conservatives are more interested in playing political games than in dealing with the issues. We have indicated very clearly that we are going to deal with the real issues that Canadians are facing day in and day out. When Conservatives talk about inflation, they try to give the impression that the sky is falling and that Canada is going straight downhill. They put their collective heads in the sand, not recognizing what is happening in the world.

Conservatives talk about inflation. The Prime Minister and every member of the Liberal caucus are all concerned about inflation, and we all understand the reality of what is happening in our environment that goes beyond our borders. It is affecting our inflation rate. If we could stop the war in Europe, we would do that. We do not have that kind of influence. We do have a great deal of influence in working with our allied countries. However, to deny the impact of what is taking place in Europe in the illegal Russian war that is happening to Ukraine is highly irresponsible. That war is having an impact on inflation.

To try to click our heels and think that mandates and the coronavirus would be gone and we would have nothing more to worry about would again be irresponsible. We just have to take a look at what is happening internationally.

Even today some members will say that someone can be on a boat for 24 hours but that cannot be done on a plane. Have members ever been a boat, compared to a plane? There is a big difference between being in a fuselage, where there are 220 people or whatever number of people, and being on a ferry between, let us say, Vancouver Island and the city of Vancouver.

We within the government benches continue to review and look at the situation, listen to what science is telling us and work with health experts. That is what is dictating our policies. Remember, the Conservatives have been saying to end mandates for months now.

Opposition Motion—Measures for Immediate Financial Relief

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Madam Speaker, I thank my colleague for his speech. I have a great deal of respect for him.

I am disappointed because today the Conservative Party has an omnibus motion for us after they slammed Bill C‑19 for being an appalling mammoth of a bill, and that was echoed by the Bloc Québécois. Now they present us with this motion in a sort of giant lump. There is so much in there that I am surprised it does not say “build more pipelines” somewhere. It is mind-boggling.

There are a bunch of issues we agree on, such as fertilizer and the real estate market. It really upsets me that we cannot vote on those issues because they are all lumped together with many other things, such as scrapping the carbon tax, for example.

Here is my question for the member: Does he really expect to get support for this motion, or is this just a ploy to make all the other parties look like the bad guys?

Bill C-19—Time Allocation Motion

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Madam Speaker, the work and the time in this chamber are precious. If the Conservatives decide to waste it and slow down the work on behalf of Canadians, Canadians will decide their fate in a future election. They can hold us to account for the work we are doing for them. That is why Bill C-19, the budget implementation act, is so important. Affordability, growing the economy, making sure that Canadians can make ends meet and making sure we are at the top of the G7 are what the BIA is all about.