Beth Phinney

[International Women's Day, March 4th, 1999]

Mr. Speaker, Canadians will join the world next Monday, March 8, in celebrating International Women's Day which grew out of women's struggle for better working conditions in the mid-19th century.

Women organized protests over low wages, long working days, lack of equal pay and inhuman work environments. Along with protest came progress and the realization that the battle for equality must continue.

In 1977 the United Nations passed a resolution calling for countries to celebrate a day for women's rights and international peace. Since that time women all over the world have come together to celebrate International Women's Day.

This day is a celebration of ordinary women as makers of history and is rooted in the centuries old struggle to participate in society on an equal footing with men.

As we celebrate international women's week in our workplaces, communities and homes, let us reflect on the challenges that we face before women reach full equality in our society.

[First Nations Land Management Act, March 1st, 1999]

Mr. Speaker, I would like to speak in support of Bill C-49, the first nations land management act, and in opposition to Motion No. 2 in which the hon. member for Saint-Jean wishes to provide an interim matrimonial real property regime.

As this House is aware, the 14 first nations that signed the framework agreement have agreed to spell out rules on matrimonial real property rights that were not included when the agreement was drafted. The bill before us and the agreement spell out that the signatory first nations must establish a community process that will develop rules and procedures for a matrimonial property regime within 12 months from the date the land code takes effect. The rules and procedures cannot discriminate on the basis of sex. In the case where a first nation has not addressed the matter the crown may invoke an arbitrary clause to seek closure from the first nation on its rules and procedures.

According to the bill before us extensive consultations must be taken during the development of the land code to inform and seek the opinions of the community membership. First nations have given strong assurances that as part of their first nations community process they will solicit the input of all on and off reserve members of their community, including aboriginal women. I point out that nothing precludes the community from addressing this issue at the beginning of the land code process. The important point is that the community decides how it will address the issue.

Under the new regime first nations will be able to develop their own rules and procedures on the use and occupancy of their lands by band members, non-band members and non-aboriginal people. As well, a dispute resolution mechanism will be available to both Canada and individual first nation members. Individuals can also challenge the rules before a court.

We should leave it to the first nations, using this process, to develop an appropriate regime to deal with matrimonial property in the case of marital breakdown. The hon. member for Saint-Jean, however, would like to provide for an interim solution while the first nations come to grips with the issue. He would amend the bill to provide an interim matrimonial real property regime until such time as the first nations themselves establish a regime within their land codes.

His motion would remove a basket clause respecting individual agreements that have been negotiated by the parties to cover any other elements to which the first nations and the federal government agreed. That clause is important as it would allow the first nations and Canada the opportunity to adjust for unforeseen circumstances that could arise during the negotiations of individual agreements.

However, the effect of the motion would be to make it mandatory for the first nations and the Government of Canada to include in the individual agreements elements contained in the new amendment. The effect of the amendment is to restrict the elements that would be included in the individual agreement. Therefore we cannot support this amendment.

The issue of the division of matrimonial property in the event of marital breakdown will be resolved by the first nations. The communities themselves will decide. But there is a larger issue at stake here, one that goes beyond the 14 first nations that have ratified the framework agreement and affects all first nations: what can be done to resolve the current vacuum concerning the division of matrimonial property in the Indian Act?

Last June the Minister of Indian Affairs and Northern Development announced that she was prepared to work in partnership with the aboriginal organizations to assess this issue and to establish a fact finding process with respect to the Indian Act. This process will examine the effects upon breakdown of a marriage on first nations members' rights to real property such as land and homes. Federal officials are now working to establish the fact finding process. Letters of invitation have been sent to the aboriginal partners to participate in a meeting where the terms of reference for the fact finding process will be discussed. The minister will make further announcements on this initiative in the near future.

Clearly then in Bill C-49 we have 14 first nations that will address the issue of real matrimonial property through a community process. Supporting this community process is the right thing to do, rather than having some imposed solution as proposed by these amendments.

[Justice, February 1st, 1999]

Mr. Speaker, Canadians were horrified when a judge in the B.C. supreme court recently ruled that it was legal to possess child pornography.

The B.C. government is appealing this decision and even though it is not binding on other provinces it could set a precedent for other jurisdictions to follow.

Child pornography is violence against children. It is child abuse and the possession of it must be treated as such.

There are many things that are illegal to possess, as well as illegal to produce. Child pornography should be no different. The full force of the government must be brought to bear against the possession of this filth.

The youth of today are this country's future and our responsibility. We have the duty to shield our children from the scourge of child pornography. I support the Minister of Justice in her efforts to quickly achieve intervener status in order to defend the legislation and protect our children.

[Canada Customs And Revenue Agency Act, December 8th, 1998]

Mr. Speaker, I do not have time to answer all those questions, but I will say that fairness is already included in the act and has been included for a number of years.

As far as accountability, there were five major accountability mechanisms already in the Revenue Canada Act and there are three new ones. Eight accountability mechanisms will be included in the agency.

[Canada Customs And Revenue Agency Act, December 8th, 1998]

Mr. Speaker, I did speak to a lot of people in the department, people across Canada and small businesses. I have some questions that they brought to my attention and the answers we were able to give them.

One of the questions I received from employees within the department was when would the two year employment guarantee begin. It will begin the day the agency becomes a separate employer and employees are transferred. In all likelihood this will be a few months after the passage of Bill C-43. Time is going to be needed to establish the board of management. All employees will be informed in writing with regard to the effective date of the transfer.

Another question that was asked was would employees be able to transfer to a government department after the two year guarantee. The simple answer is yes. Agency employees will most definitely be able to transfer with the same mobility rights that Revenue Canada employees currently possess.

We have also been asked by employees what employee benefits carry over to the agency. The job offer that employees will receive on the transition to agency includes the carryover of the salary, core benefits such as health and disability insurance and dental plan, accumulated sick leave and vacation credits, and pension benefits under the Public Service Superannuation Act. Years of services which are used for calculating leave entitlement and severance pay will also carry over.

A question that I was asked just last week is what unions will represent employees under the agency. On the given day that the agency is created and becomes a separate employer, currently existing collective agreements will remain in effect until they are renegotiated. Employees will continue to be represented by the same unions for a transitional period of 120 days or until the Public Service Staff Relations Board makes a ruling on the agency bargaining unit structure. After that time there will be unified certification processes.

[Canada Customs And Revenue Agency Act, December 8th, 1998]

Mr. Speaker, I will be sharing my time with the hon. member for Mississauga South.

It is with great pleasure that I rise to discuss Bill C-43, an act to establish the Canada customs and revenue agency. As we conduct this final House of Commons debate on Bill C-43, I would like to talk about the people who work at Revenue Canada. I would like to talk about the fellow citizens they serve, the fellow citizens we serve.

It is the minister's firm conviction and it is my firm conviction that the new Canada customs and revenue agency will be good for our current employees and the Canadian public. We need to show leadership. We need to create the conditions that will make it possible to streamline the tax system. That is what the agency will accomplish.

When I sit down with the department's employees, be it in Yarmouth, Nova Scotia, Hamilton, Niagara Falls, or Windsor, I am struck by their dedication and their determination to make the system better. They more than anyone understand the frustration of taxpayers when they are confronted with different auditors from different levels of government. They more than anyone see the need for new technology to permit most Canadians to cross the border with a simple Canpass so that time can be spent on higher risk areas. They more than anyone see the need for faster hiring practices and more flexible management of human resources.

The employees of Revenue Canada see better than anyone how taxpayers could benefit from a single window for taxes and one-stop shopping for tax information.

Those are the reasons why we are proposing the new agency. If we want a simpler system for taxpayers, we need to bring the provinces and territories on side. If we want faster hiring and more flexible human resources management, we need to create a separate body with the authority for such issues as classifications, training and development and terms and conditions of employment.

The new agency would have such authority. At the same time, it is critical to show that we value the Canadians who work at Revenue Canada and who will work at the new agency. That is why any personnel rules of the agency will be premised on fairness and equity.

Under Bill C-43, permanent employees of Revenue Canada are guaranteed two years of employment at the new agency. This guarantee is more than any employees of the federal public service now have. Collective agreements will remain in force. Pension and leave credits will remain intact. Employees will have the right to compete for jobs in the federal government departments.

Believe me, the minister is determined that all employees will be treated with fairness and decency. He will strengthen the legislation to do just that.

The Public Service Commission will have the power to review and report on the agency's staffing procedures. There will be a mandatory review of recourse mechanisms by an independent party after three years. And of course, there will be a five year legislative review by parliament.

Perhaps more importantly, the Minister of National Revenue will remain answerable for the actions of the agency on the floor of this House of Commons.

I am convinced that the new agency will offer meaningful new opportunities for employees. A reduction in the number of occupational groups and levels will make it easier for employees to move between jobs. There will be more career mobility. Vacancies will be filled in a few weeks rather than many months. A flexible agency will be able to adopt more extensive use of flexible hours or work at home arrangements.

There are untold numbers of new possibilities to expand programs and services for the provinces and territories. There are untold possibilities for new ways of performing work, especially with the growth of technology.

The critics say this is a downsizing exercise. I say with great respect that they are 100% wrong. This is an upsizing measure providing more opportunities for employees, more opportunities for growth and more opportunities to serve Canadians more effectively.

That brings me to the second half of the people equation: service to the people of Canada. The employees of the Canada customs and revenue agency will be better placed to serve the needs of Canadians.

The small business owners in my riding of Hamilton Mountain are, like millions of other Canadians, honest, hardworking people who are willing to pay taxes. What has frustrated them over the years is the paperwork from the federal government, from the provincial government, from the regional government, from the municipal government.

The new agency offers a genuine chance to bring an end to much of that overlap and duplication. It offers a genuine opportunity for all kinds of programs to be administered from a single source.

By simplifying the process, we can save millions upon millions of dollars for taxpayers. That too is a clear example of better service to Canadians.

In its presentation before the Standing Committee on Finance, the Public Policy Forum made a vital point. For big business the cost of filing tax or customs forms is relatively small in proportion to sales or profit. For small businesses however, that is not the case at all. The filing of forms and the costs of dealing with multiple audits is often a make or break situation for a smaller company. This new agency can be the first step on the road to righting that situation.

There is another way in which a new agency can help business flourish in our country. With the phenomenal growth of electronic commerce comes real concern about security and privacy. If governments work together through the new agency, we can make Canada the global leader in the development of the most secure software and hardware.

The agency can be on the cutting edge in developing the programs that will give Canadians the confidence to engage fully in electronic commerce.

That is what this bill is all about. Better service through savings in time. Better service through savings in money. Better service through wise use of technology. Better service through new opportunities for partnerships. Better service through more employee flexibility and autonomy. Better service through streamlining and simplifying. The people who work at Revenue Canada will be the better for the agency. The people of Canada will be better for the new agency.

Bill C-43 is a positive move for public servants and a positive move for the public. We have put people first in establishing the agency. We have put people first in the mandate of the agency. We have put people first in the operation of the agency.

I congratulate the Minister of National Revenue for this bill. I say to every member of parliament, let us pass this bill as quickly as possible. In the end, this bill is in the public interest. In the end, this bill serves the people of Canada.

[Opera Ontario, December 7th, 1998]

Mr. Speaker, I draw the attention of the House to the Hamilton based Opera Ontario, Canada's fourth largest opera company. In recognition of the significance of its achievements, Opera Ontario has been awarded for the second time in three years one of the six $25,000 lieutenant governor's awards.

I have had the supreme pleasure to see a number of the company's productions and I can without hesitation attest to the quality of its work.

The success and recognition given to such organizations as Opera Ontario show that there is a living, breathing arts community in Hamilton that is as sophisticated and dedicated to quality as any other in Canada.

I say congratulations to Hamilton's Opera Ontario. I look forward to seeing the company build on the success it has already achieved. I am convinced that it will continue to be a vibrant and growing contribution to life in Hamilton and surrounding communities in southwestern Ontario.

[Canada Customs And Revenue Agency Act, December 3rd, 1998]

Mr. Speaker, in response to hon. members who are asking for the deletion of a number of clauses in Bill C-43, an act to establish the Canada customs and revenue agency, I will explain why such an agency is needed. The most important reason is the demand of Canadians for streamlined and more responsive tax, customs and trade administration services.

The agency is designed to improve services to Canadians, to businesses, and to provinces and territories. This will be accomplished in a number of ways. One way is expanding and improving the co-ordination and administration of federal and provincial revenue programs.

This will result in a number of benefits: a reduction of overlap and duplication among levels of government, a potential for significant reductions in costs to governments, a potential for significant reductions in costs to taxpayers in complying with tax laws, one level of tax collector that will create major advantages for businesses, and an improvement in the competitive position of Canadian businesses.

Another benefit of the legislation is that it will improve the management of the agency. The board of management will help to bring a client oriented focus to agency activities. The board will also help to bring a strategic perspective to management by using some private sector techniques to ensure efficient and effective management. The agency will be able to tailor its programs for administrative activities to meet its own needs. As a result of this improved efficiency, the agency will be able to reinvest productivity gains in programs for Canadians.

This improved management will also mean significant improvements for employees. Employee representatives will be able to bargain directly with the employer. This will result in more responsive and simplified staffing and classification systems. In addition, a new approach of recourse will focus on alternative dispute resolution mechanisms such as fact finding and mediation. This will also incorporate access to independent third party review.

Design teams comprised of employees, managers and unions have been involved in designing the new human resource regime for the new agency. The agency model proposed in the Canada customs and revenue agency is unique since it combines the strengths of both the public and private sectors while remaining fully accountable to parliament and the Canadian public.

In developing the Canada customs and revenue agency the department has been sensitive to the concern of the concentration of too much power in one place. Tax, customs and trade administration affect the lives and livelihoods of most Canadians. They want to be sure they are dealt with fairly and that their rights are protected.

In the design of the new agency the essential checks and balances that govern the activities and ensure the accountability of Revenue Canada have been maintained. For example, the enforcement powers of the new agency will be the same as those currently provided to Revenue Canada through legislation like the Income Tax Act or the Customs Act.

If there is a problem or a complaint, the minister will still be fully accountable to parliament and the public for the administration and enforcement of specific legislation. The minister will have the authority, as is currently the case, to answer questions in the House and to ensure the agency is acting properly in its dealings with the Canadian public. The existing provisions for accountability are being enhanced by the addition of three new accountability mechanisms.

The confidentiality of a taxpayer's personal information will be protected under the agency just as it is currently with Revenue Canada. The authorities governing confidentiality are clearly set out in the legislation and they will not be changed by the bill.

Bill C-43 will permit the agency to offer new and better services to the provinces and territories. For example, at the present time Revenue Canada can only collect provincial taxes that are harmonized with federal taxes. The new agency would be able to collect non-harmonized taxes, expanding the potential for single window tax collection with considerable savings for businesses and individual Canadians.

Greater co-ordination among the federal, provincial and territorial governments will simplify tax administration for Canadians and reduce costly overlap and duplication between governments. Increased operational flexibility in the management of internal resources is a major change that will allow the new agency to adopt a more client oriented approach.

The new legislation will allow the proposed agency to customize its own resources and administrative functions to meet the needs of Canadians as well as those of its employees. All of this means better service.

Doing something better is not an expansion of power but an extension of service, service to individual Canadians, service to businesses, and services to provinces and territories. Better service means savings in time and money, savings in compliance costs for businesses and savings in administration costs for government.

The intention of Bill C-43 is not to create an agency with unlimited powers but rather to establish a framework with all the checks and balances for a more efficient agency. The bill is important and beneficial, beneficial for the government, beneficial for business, and beneficial for individual Canadians. This is what is expected of good government.

[National Revenue, November 6th, 1998]

Mr. Speaker, fairness is a fundamental and core value of public service. The department is committed to fairness.

Revenue Canada is considered a world leader among its peers. Its fairness practices have been implemented around the world.

I want to assure the House that Revenue Canada has fairness at the very heart of how it is organized, the way it operates and the way it deals with Canadians. We are continuing to ensure these high standards by ongoing consultation and fairness initiatives.

[Marine Conservation Areas Act, October 29th, 1998]

Mr. Speaker, I rise on a point of order. I am wondering if the Chair feels that the words being expressed now by the hon. member have anything to do with the topic of the bill.