Alan Tonks

[Canadian Content in Public Transportation Projects, February 14th, 2008]

Mr. Speaker, in this time of crisis in the manufacturing sector, we are missing once again an opportunity to support our Canadian workers.

I was disappointed, and I am sure members of the House were also, that in relation to our major trading partners, such as China, the United States, the EU and Mexico, Canada stands alone in the absence of a federal policy which ensures Canadian content in transportation projects that are funded through federal taxes.

I was even more surprised to learn that as I speak this is the first time that Canadian content requirements will have ever been debated in the House of Commons.

First, the government should ensure that public funds as a rule are not used to assist the transfer of jobs abroad. That is a first principle. At a time when the manufacturing sector has lost hundreds of thousands of jobs, every job we can keep in Canada counts.

The indirect economic contribution of manufacturing and exporting companies to the Canadian economy is significant. One out of every three jobs in Canada depends on our capacity to export our products abroad. Manufacturing businesses are responsible for two-thirds of goods and services exports and three-quarters of all the private sector research and development done in Canada.

Public investment in transportation equipment and infrastructure in Canada must be used to leverage business opportunities for Canadian industry, create a globally competitive business environment here in Canada, attract foreign investment, and generate the greatest possible economic benefit for Canadians.

Canadian manufacturers are being shut out of our markets by fierce competition and, on top of it, are not able to benefit from transportation projects in the EU, other G-8 nations and China, as these countries have implemented policies that set mandatory domestic content levels to ensure that their tax dollars create domestic growth.

In Canada, when the federal government funds infrastructure or transportation projects with taxpayers' money, the funding is not dependent on conditions that ensure even minimum local economic benefits. Unless the government views infrastructure investments as economic development tools and enacts a clear policy to make sure that Canadian manufacturers benefit economically, our manufacturing sector will not be able to compete.

Unfortunately, a company currently has a better chance of supplying the North American market from the United States rather than from Canada. Because of restrictions based on U.S. content, for example, the buy America act, and the absence of such rules in Canada, Canadian manufacturers in the construction products and public transit equipment manufacturing sector have a vested interest in moving their production activities to the United States.

The federal government announced that it will invest $33 billion in infrastructure over seven years, a significant proportion of which is directed to roads and highways, public transit and bridges. Provinces and municipalities have also announced significant investments in transportation infrastructure and mass transit over the coming decade.

Renewing Canada's infrastructure is a major opportunity to invest in this country's future. It also is a great opportunity to invest in Canadian manufacturing and industry.

Legislation should be in line with what Canada's main economic partners are doing domestically to support their industry, in particular, the United States, Mexico and the European Union. In order, therefore, to enable our transportation industry to be a global leader and a strong competitor in an increasingly tough market, there has to be legislation that mandates Canadian content levels for public transportation projects.

By favouring domestic companies, governments use public funds to stimulate the development of the local manufacturing industry while allowing competition that is based on fair rules for all vendors. What we are asking for here is not protectionism but fair trade.

Let us look at all the restrictions that a Canadian company has to face when trying to sell to a government procurement market in the United States. According to the Canadian Manufacturers and Exporters, if the United States government or one of its agencies awards a contract, Canadian companies can bid as equal partners only if the value of the contract being awarded is greater than approximately $8,000. This exemption was negotiated by the United States through NAFTA, and these contracts are exempt from NAFTA's chapter 10 and do not guarantee equal access to Canadian companies.

Other buy American provisions can also apply if the project concerns a public transit system, an airport, a road, a bridge, a ferry or other types of transportation. These contracts always include national preference rules and regulations and require certificates and the fulfillment of other conditions. Finally, under the buy American regime, if the project is funded by a state or local government, then they can impose their own conditions.

On the other hand, U.S. companies that want to sell to the Government of Canada face no such obstacles. Only provinces may impose local content restrictions if they wish to do so. More often than not, however, provinces do not use government procurement to favour Canadian industry or industry from their province.

Canadians expect more from their government when it comes to protecting their jobs and the economic vitality of our country. The policies in place to protect and foster the Canadian transportation industry up to this point are inadequate and outdated. In our increasingly competitive global marketplace, it is crucial that we as lawmakers support the economic development of local industries.

In drafting legislation on Canadian content levels, we must strive to strike the right balance between promoting our manufacturers and respecting international trade obligations. Therefore, I call on my hon. colleagues to support Motion No. 183 for the benefit of all working Canadians and the future vitality and competitiveness of our manufacturing sector.

I would like to congratulate my colleague, the member from Thunder Bay, on his initiative. I have had deputations from the aerospace industry who equally have pointed out this inequity in terms of providing access to our Canadian markets but being shut out of aerospace opportunities that exist in the United States and in other countries.

This legislation is an attempt to find a balance, not to be protective and not to be hiding behind tariff barriers, but to give equity and the competitive ability to Canadian workers and to Canadian technology, which we know is so well placed in terms of it being state of the art.

Given a level playing field internationally, I know that the Canadian worker, the Canadian investor and the Canadian economy can compete and prosper, but this kind of legislation is absolutely needed as it applies to and bridges investments that Canadian taxpayers are making in the transportation sector. I hope this legislation and the proposals being put forward by my colleague will find the acceptance and the support of the members of this House.

[Canada Elections Act, February 14th, 2008]

Mr. Speaker, I did not address the issue around leadership, but on the last statement with respect to encouraging people to come into public life, I think the bureaucratic regime in the bill is going to make it more difficult for people and provide less of an incentive to actively get involved in public life. I do not think that is intended by the legislation, but I think that is what is going to happen.

[Canada Elections Act, February 14th, 2008]

Mr. Speaker, I am absolutely in favour of a level playing field, but I thought that what I had addressed was the point that I do not think it is a level playing field with respect to the ability to take out loans in the manner that has been presented in this legislation.

I think the emphasis should be on the reporting and the consequences if loans are not paid back. If there is a transparency with respect to who has loaned the money and the terms within which that must be paid back, why does it matter where it comes from if it is reported and on the record?

If that were the approach, with the emphasis on that, then I would think that through a consequential approach we would have a level playing field. I may be wrong, but at the end of the day I think that this is going to be a disincentive because it is not a level playing field for that very reason.

I believe that people should have the capacity to support the democratic process, and not with anything in mind that there would be some advantage sought from it. When they loan, if it is on the public record and it has to be paid back, why should it matter whether they are going to support a Conservative candidate, a Liberal candidate, the NDP or the Bloc?

The fact is that everyone knows and it is on the record that the money has been taken out, there is a cap on it and it has to be paid back. That is what the public wants to know.

[Canada Elections Act, February 14th, 2008]

Mr. Speaker, I have been following this debate and am very pleased to make a few comments with respect to Bill C-29 and try to make it understandable for the viewers watching the proceedings.

To do that, I would like to sum up from my perspective how I view the whole issue with respect to accountability in election financing.

The public knows that as it stands right now there are huge restrictions with respect to how a candidate can raise the funds necessary to run an election. The public should be aware that under the Election Expenses Act there is a cap on how much can be spent in an election. There is a very clear and very transparent reporting process that the chief financial officer has to go through.

In fact, in my riding, my chief financial officer, who is a layperson, a long-time dedicated person in the riding and not an accountant, has said that the reporting procedures are becoming so exhaustive that one almost has to be an accountant. That is the degree of scrutiny that this is given. My reply to it is that we have to work around that issue because it is in the public interest to be totally transparent.

We are also aware that under the former regime unions and corporations had a cap on what they could contribute. In the regime that is now being entrenched in this bill, unions and corporations cannot make contributions. Also, there is a very clear stipulation that the cap on personal donations is $1,100.

I review those things because I always thought that public life and public service was one of the highest honours that an individual could be involved in and that could be granted to an individual. Therefore, anything that deals with the mechanics of taking out loans or whatever should be so clear and so transparent, but accessible and easy to do, and it should not be a disincentive for individuals to come forward and want to be part of one of the greatest traditions, which is the democratic tradition of seeking office, be it municipal, provincial or federal, or at the school board level or in other elected office.

I come from a very working class riding. When I reflect on my nearly 30 years of elected public office and reflect on the nature of support that I have been given, I can say that it has come from the people of our riding. At no time can I remember huge donations and so on.

However, I welcome a transparent regime. Having said that, I might say that this bill is transparent, that this is putting caps on amounts, tightening up and so on, but it gives me some concern. It gives the appearance that we are all equal and that we all have access to a bank and perhaps access to guarantors who have the means to do that. It gives the appearance that there is equity where in fact there is not. We know there is not.

When one wants to put on a cap of $1,100, how many members have constituents who can avail themselves of the cap? The reality is usually $100, $50 or $25. The reality is little fundraisers that raise perhaps $2,000 or $3,000 at the most, but often they raise $400 or $500. That is the reality. That reality is reported in the existing legislation.

Also, if an association takes out a loan, it or the party is going to be held liable, but it is the association in the first instance. It will be held liable. I would ask members about this. In their associations, how many people have the capacity to want to be liable if, let us say, a loan that is taken out is not repaid? It could happen for whatever reason, such as death. It could happen for a number of reasons.

If we are elected, we are accountable, because someone is going to come over and say to us, listen, that loan has not been paid back and that seat will be lost. That is a consequence. That sure would plug the gap that might exist if we were worried that candidates would not pay back the loan.

Mark you, Mr. Speaker, I am saying that it is very clear that one has to report it, so the issue is on consequence. If one did not get elected but still had exceeded and had not paid the loan, one's association is liable for it.

We know that the banks are going to come back for it. In this regime being put forward here, the banks are a lending institution at whatever the interest rate is. In my experience, I have had the opportunity to raise money from people and report it, people who have had confidence in me, as all my colleagues have experienced.

It seems to me that this legislation is wrong-headed in the sense that it looks as if we are all trying to circumvent the law. That was the characterization that was made, albeit in a different context: that we are trying to circumvent the reporting process. We are not. There is an exhaustive reporting process and yet we are coming forward and saying this because the consequences have not been implemented as clearly as they should be by the Chief Electoral Officer and a case was cited.

What is at fault is that the consequences should be laid out in a clearer way if we are not satisfied with the adjudication that took place, but that is not what is being done. What is being done is a whole new regime that looks like it treats us all fairly and equitably, but ignores the reality that right across this country, from coast to coast to coast, there are communities of very fragile and limited means. Yet the associations are going to be held liable if anything should go wrong.

It is almost a washing of hands with a bureaucratic mechanism. It is not intentional, but the end result will be the same. It will be a disincentive for people who want to be part of the process of being on an association, I would think, and I am saying this from the experience that I have had with the kinds of social and economic backgrounds of the people, God bless them, who sit on the executive of my association. I am sure that is the case in many of the constituencies.

There have been amendments made that I think are excellent. I will be supporting the bill, but I have to say that I think it places a cloud on this because there have been consequences that were disproportionate to what occurred with respect to the reporting, but the reporting is very comprehensive.

If there is any fault, it is that we just did not put down what the consequences would be if there were a deliberate circumventing of the law. What we have here, I think, is just overly bureaucratic and will not encourage people to be part of the democratic process in standing for candidacy or being part of local associations.

[Canada Elections Act, February 14th, 2008]

Mr. Speaker, I think the House would be particularly intrigued and interested in the member's response to the point he made with respect to the role banking institutions would play within the regime entrenched in the bill, particularly as it relates to the whole notion of the pecunious capacity of individuals to go to a bank and say that they want to borrow X amount of dollars toward a campaign.

What would the member's opinion be on to why the government is so concerned with the mechanism as opposed to a candidate being able to go to a number of people, as long as the reporting mechanisms were clear, transparent, reported to the Chief Electoral Officer and the whole issue with bankruptcy and unpaid loans was made transparently clear as to how the loan must be repaid and so on? Why is it so important for the banking institution? Is there something inherent in the banking institutions act that is a protector for the public purse, the public cause?

Is there not another way that would encourage democracy, encourage people to come forward? If they could avail themselves of the confidence of several Canadians to support them, is it not the process of reporting that is more important than the actual mechanism that they have to go to a bank?

[Senate Appointment Consultations Act, February 12th, 2008]

Mr. Speaker, our colleague from the Bloc has been characterizing the Senate as a political anachronism which is no longer applicable with respect to its original intent.

One of the things which I think is of interest to the Bloc is that the Senate continues to protect provincial rights. I would take it that the Bloc would be very much in support of a Senate that could be revamped to continue to protect provincial authorities and rights.

I use as an example the crime bill. There was a very eloquent presentation given by the Bloc pointing out that the crime bill was in conflict with the protection of language rights in the province of Quebec. In fact, that is where the Senate has focused on a very important and serious difference between the intent and spirit of the bill and its actual application in terms of guaranteeing French language rights in the courts in Quebec.

I wonder if our colleague would respond to that observation. What would the Bloc be looking for in terms of how the Senate, and it is argued that it is anachronistic, could be updated? What amendments could be sought to see the Senate perform part of its original intent, which was to protect provincial authorities and rights?

[Criminal Code, February 6th, 2008]

Mr. Speaker, I am very familiar with my colleague's experience with respect to Woodbine. Woodbine really is a premier facility. All Canadians can be proud of it.

My question is related to the point that my colleague has made with respect to illegal Internet betting. He has made it very clear that there is a lack of enforcement and that lack of enforcement is also compounded by the fact that there is not a clear definition of criminal activity and the linkage with the activity that is going on.

The banks could be given the responsibility under the code to report, and I think that is a good idea. How would it benefit Woodbine if there was not some form of licensing that it could apply for--and of course governments love to tax, as we know--so that all of the betting activity, even though I am not one to engage in that, would also be a source of revenue? How could that be enhanced such that the public could benefit not only from the enforcement but from the licensing provisions?

[Youth Criminal Justice Act, February 4th, 2008]

Mr. Speaker, I remember the last time we discussed this whole issue with respect to restorative justice, particularly within the context of alleged youth criminal activity. I was drawn at that time to the same points that our colleague from the Bloc has made.

The issues related to criminal and gang activity are of great concern to my community. I would like the member to elucidate a little with respect to what tools judges in Quebec have available to them when they are dealing with young people in terms of restorative justice in order to invoke the kind of positive response he indicated, with statistics showing lower criminal activity and a more positive impact in Quebec. I wonder if he could give us a brief outline of what tools judges have available to them in Quebec that may not be available in the rest of the country.

[Immigration and Refugee Protection Act, January 31st, 2008]

Mr. Speaker, I thank the minister for clarifying the difference between Criminal Code violations and the processes and the security certificate process. He also made it clear that the security certificate process does not relate to Canadians.

However, I have been asked by constituents to clarify with the minister with respect to the role of the special advocates. In the criminal process there is protection with respect to client-solicitor relationship. If during the process of certificate implications are made with respect to allegations against Canadians, is there the same degree of protection that exists under the Criminal Code and natural justice? Could the minister explain whether that similar client-solicitor relationship applies?

[Canadian Environmental Protection Act, 1999, January 30th, 2008]

Mr. Speaker, I am sure members of the House appreciate the overview that has been given by our colleague from the government.

There has always been a controversy with respect to our strategic plan and positioning between ethanol that is grain based and cellulose based. We should factor in to that particular question a recent comment made with respect to a worldwide projection of a grain shortage. Many countries are re-adapting their agriculturally based output of ethanol to a grain based technology. I wonder if the member would make a comment with respect to that.

We all agree with the objectives that the member has outlined with respect to the environmental implications and so on. Is there any cause for concern with respect to that kind of a strategy when those kinds of concerns in fact are being expressed by, and pardon the pun, seasoned commentators who are quite aware of what the implications could be?