Bev Oda

[Rosa Parks, October 25th, 2005]

Mr. Speaker, today we mourn the death of a great woman who changed the world with a simple gesture, Ms. Rosa Parks.

Fifty years ago she walked on to her regular bus to go home after work in Montgomery, Alabama. Only this time she did not go to the back of the bus. Her subsequent arrest for violating the segregation laws became the spark that lit the civil rights movement.

Today's visit of Secretary of State Condoleezza Rice is proof of Rosa Parks' victory over racial prejudice. As a young girl, Dr. Rice saw her own newly integrated school firebombed by racists, resulting in the death of four of her schoolmates. That hatred was overcome by the moral courage of women like Rosa Parks and Condoleezza Rice who rose above it to become one of the most powerful and respect women in the world today.

Ms. Parks was not only an icon for African Americans, but for marginalized people around the world. As a Japanese Canadian, I was born at a time when my own family and community were denied their basic rights as Canadians, including the right to vote.

[Lobbyists, October 21st, 2005]

Mr. Speaker, I think Canadians are not satisfied because the facts are that Richard Mahoney is a close friend of the Prime Minister. Richard Mahoney was in Regina with the entire Liberal caucus in August. Richard Mahoney was at the Prime Minister's cocktail party and two days later the government ruled in favour of Richard Mahoney's clients.

Friends of the Prime Minister can register a month after winning. The facts demand an investigation. The Conservative Party, the opposition, demand that the lobbyist registrar investigate the illegal activities of Richard Mahoney.

[Lobbyists, October 21st, 2005]

Mr. Speaker, Richard Mahoney is a friend of the Prime Minister. He engaged in lobbying his friend without registering. He was lobbying in Regina with the Liberal caucus in August. He was lobbying at the Prime Minister's cocktail party at 24 Sussex in September, but Richard Mahoney did not register until October 4 after winning a favourable decision for his client.

Is the Minister of Industry directing the lobbyist registrar to investigate Richard Mahoney?

[Law Enforcement, October 21st, 2005]

Mr. Speaker, yesterday in my riding of Durham I attended a Conservative Party crime and safety task force session chaired by Jim Flaherty, one of the national chairs of this task force.

It was attended by our new chief of police, the fire chief of Whitby, representatives of law enforcement and organizations who work in our community to keep our streets safe.

The input by the victims of crime had the most impact for me. As one young woman stated, she is a survivor of crime and a survivor she is.

This meeting was held on the 11th anniversary of a devastating crime in Port Perry that changed that community forever. We heard demands for stronger tools for our front line workers, more resources for alternative justice measures, the need to make the justice system more efficient, and the weaknesses of Correctional Service Canada and the parole system. Infringements of parole violations in fact are not criminal offences.

I want to thank the task force for its work and those who took part in the session. They all deserve our support because each day they are working to make Durham a safer community.

[Telecommunications Act, October 19th, 2005]

Mr. Speaker, I thank the member for his questions and his kind words regarding our time together on the heritage committee.

I hope I can give a little bit more information and my thoughts on the CRTC's role in managing and taking responsibility for the do not call registry. I noted one of the things that would be asked of the CRTC is to undertake a wide range of discussions. The CRTC could ask for input as to the best way to set up the do not call registry and have consultations with various interest groups. The CRTC is well-equipped and well-experienced in taking input from various interest groups and organizations.

It has also had years of experience in trying to set up a mechanism that has to be accountable down the road. If the CRTC were to be asked to develop an operational plan, in addition to a business plan, outlining key measures against which it would be willing for itself to be measured, that would enable Parliament or the committee to undertake its review.

The CRTC has certainly had experience in developing a mechanism to deal with, for example, complaints. It does receive a lot of complaints, not only about various telecommunications companies and cable companies but it does have a lot of experience in measuring the level of complaint and at what point it demonstrates inefficiency or a process that is not working. Consequently, I would say that the CRTC does have that experience.

The business plan is an important part if we just allow the CRTC to go ahead. We may be told by the government that it will cost $2 million, like the gun registry, and three years later we find out it is $2 billion. That is not acceptable. We must ensure that we put in a mechanism in case there is an overage or whatever. It is sensible, good business planning. It is good handling and good responsible use of public money. If there is an unexpected overage, the CRTC should come before the committee, as a representative of Parliament, to explain the overage before it goes on and on.

[Telecommunications Act, October 19th, 2005]

Mr. Speaker, it is my pleasure to speak to Bill C-37. I commend the member for Edmonton—Leduc in his leadership and work on this bill. I also commend our other representatives on the committee.

How many of us have sat down to dinner or a relaxing evening and the phone rings and upon answering the phone we have heard a taped or live voice selling us carpet cleaning, driveway paving or a new roof? Other calls may have been for the purpose of fundraising on behalf of worthwhile charitable organizations. Still others may have been polls or surveys wanting our opinion on what food we eat, where we shop or a myriad of other subjects, even whom a person might vote for in the next election.

As we have all experienced, there are countless reasons, many legitimate purposes for these unexpected calls and for telemarketing. However, these calls are not necessarily a welcomed intrusion into the homes of many Canadians. According to a survey by Industry Canada, 97% of Canadians claimed to find these calls irritating and have a negative reaction to them, even after the CRTC has done a great deal to manage and improve the telemarketing practices in Canada.

When I was a commissioner of the CRTC I remember dealing with complaints, for example, automated diallers that would cause the phones by patients' beds in the hospital to ring one after another down a hallway. These irritants and other concerns have been dealt with by the commission, and yet still in the 2004 survey undertaken by Environics, Canadians indicated considerable support for another step, a national do not call registry. To date, we have companies and smaller organizations offering such a service on a company by company basis, but this bill introduces a national registry. The survey also showed that 66% of those surveyed said they would sign up for a do not call registry.

The Canadian Marketing Association itself supports a national registry. In its wisdom it recognizes that phoning people who do not want to be called is a waste of their time and resources. A responsible effective registry would benefit all marketers in their public relations and reputations.

The Conservative Party supports this bill insofar as it will respond to the demands of so many Canadians. We believe that a national do not call registry set up within the parameters outlined by Parliament would be in the public interest. We do, however, see the need for the amendments now associated with the bill. These are amendments that will balance the needs of telemarketers with the demands of the public in a simple and responsible way.

The amendments under consideration would in fact address a number of shortcomings not included in the initial bill introduced by the government. Even the CRTC, the agency to be given the responsibility, has asked for more information and details. The commission observed that there were serious flaws in the bill as introduced. It recognized that the job at hand was outside of its current abilities and responsibilities.

Many of the commission's concerns have been addressed in the amendments dealing with the power to impose fines, the delegation of various administrative duties and the introduction of categories allowed exemption to the registry. These amendments have been passed at committee and are part of the debate today.

A three year review once the registry comes into force has been set up. The CRTC is to undertake an investigation as to the best way of setting it up and the associated costs. I do have a concern that the business plan of the CRTC and of the registry should be reviewed prior to the three year review timetable. The public should know how this operation will be set up and what will be the projected cost to the public so that in three years we have something to measure against and we have accountability.

The review is essential because we have to also make sure that we have given the CRTC effective tools to enforce the registry requirements. We would expect careful monitoring of the rate of compliance and complaints received over the three year period.

We would see the effectiveness of the fines and the rates applied. These should be measured as to their ability to limit contravention of registry obligations.

Most importantly, we would caution the government and the CRTC that the government's history with registries is not stellar. We have seen the gun registry and had discussions earlier on it. A promise of a few million dollars now surpasses a billion dollars and at the same time there has been an increase in gun violence.

We must ensure that there will be public accountability in the cost of this registry. The cost presented to the committee for a Canadian do not call registry raises red flags when compared to the cost of the American registry to service a country 10 times the size of Canada. We should learn from the American experience. As the saying goes, “let's not re-invent the wheel”.

Although I support the amendments regarding the anonymity of the identification of the caller and the purpose of the call when surveys are being undertaken, I would ask for clarification by the government on this point. The amendment allows polling companies to make calls without identifying their clients or the purpose of the call.

I agree that the name of the client should be allowed to be withheld. I agree that the name of the client for whom the survey is being conducted may skew the response given, but total anonymity should not exclude the need to identify the surveying company or polling company. I do not see any problem with the caller saying, “We are calling from company X and are conducting a survey or poll”. The public deserves this much. Total anonymity is not acceptable, as far as I am concerned.

As to the other exemptions from the do not call registry, I agree that charities, existing business relationships and political parties should be exempted. We have been told how the effectiveness and challenges for charities, and very worthwhile organizations, would be more difficult if they did not receive this exemption. Consequently, in supporting their causes and supporting their work, I believe the exemption is deserved.

I recommend that the amendment regarding anonymity might be reconsidered to ensure that the underlining principles and purposes of the exemptions proposed would be considered, and that we do have a fair balance between the needs of the telemarketers and the public interest.

In conclusion, I ask that we have a public report as to the initial business plan that the registry might set out with, so that the public is aware of the cost and the tools that are being proposed. We would then have something to measure at the end of the three year review. I also ask that some thought be given in refining the anonymity consideration. I support all the amendments in the bill and I commend the member for Edmonton—Leduc and his work. I am sure he will take my suggestions into consideration.

I know that a national do not call registry would answer the needs of many Canadians, would be a mechanism that would be welcomed by many Canadians and I hope it would also allow many Canadians to finish their dinners.

[Airports, October 7th, 2005]

Mr. Speaker, Toronto city council, our own transportation committee and a huge cross-section of stakeholders, including the International Air Transport Association, the Air Transport Association of Canada and the Canadian Chamber of Commerce, all support rent cuts at Pearson airport, but the transport minister's latest airport rent reductions hurt Toronto.

Today, Pearson pays 66% of all airport rents in Canada with just 33% of the passengers.

How many seats in the GTA will the Liberals have to lose before the transport minister offers Pearson a fair deal?

[Amendment to Income Tax Act Regulations, October 6th, 2005]

Madam Speaker, in the 1994 budget, the then minister of finance promised too crack down on tax havens. The implementation of the budget cracked down on Liberia as a tax haven but other tax havens, such as Barbados, still qualified due to a loophole in the Income Tax Act.

The OECD defines a tax haven as any jurisdiction that “has no or nominal taxation on financial or other service income and offers or is perceived to offer itself as a place where non-residents can escape tax in their country of residence”. That is from “Tax Havens”, the Library of Parliament, 2004, page 5.

Barbados is one of the 36 countries identified by the Organisation for Economic Co-operation and Development in 2000 as a tax haven. Canadian FDI to Barbados increased from $1.5 billion to $24.7 billion between 1990 and 2003, making Barbados the third largest recipient of Canadian FDI in 2003 after the United States and the United Kingdom. The value of Canadian direct investment in Barbados now surpasses Barbados' GDP by a factor of six.

According to a Library of Parliament briefing, “as a general rule, Canada negotiates tax treaties only with countries that have comparable taxation rates, structures and information disclosure requirements. There are, however, some exceptions to this rule. Canada has tax treaties with three of the 36 countries listed as tax havens by the OECD in a 2000 report on harmful tax practices. These three “tax haven” countries are Barbados, Cyprus and Malta”.

In Barbados the general corporate tax rate and the rules for information disclosure are comparable to those of Canada. Canadian foreign affiliates can, however, choose to incorporate themselves as Barbados international business companies and, instead, to pay tax rates of between 1% and 2.5%. In Canada the combined federal-provincial-territorial corporate tax rate is typically between 35% and 40%.

There is a provision in the Canada-Barbados tax treaty that is supposed to prevent Canadian foreign affiliates from being able to take advantage of tax treaty protection and therefore from obtaining “exempt surplus” status, as the provision implies that any active income earned by a BIBC would be fully taxed when returned to Canada in the form of a dividend. However a provision in the Income Tax Act has served to override the preventative provision in the Canada-Barbados tax treaty. The Income Tax Act gives “exempt surplus” status to any company operating in any country with which Canada has a tax treaty regardless of the content of that tax treaty.

The Auditor General has estimated that the existence of tax havens, including but not limited to Barbados, has resulted in hundreds of millions of dollars in reduced Canadian tax revenues.

According to Statistics Canada, Canadian assets in OFCs, offshore financial centres, increased eightfold, from $11 billion to $88 billion between 1990 and 2003. These centres include countries that are often referred to as tax havens. OFCs accounted for more than one-fifth of all Canadian direct investment abroad in 2003, double the proportion of 13 years earlier.

When companies transfer tax dollars out of Canada into tax havens, hardworking Canadian taxpayers are left to pay the difference. When companies transfer tax dollars out of Canada into tax havens they are evading their social responsibility. Those tax dollars could be used for health care, education or the armed forces. Tax havens deprive the Canadian government of tax revenue that could be used to fund social programs, to pay down debt or to provide tax relief.

One of the results of the government's uncompetitive corporate taxation levels is the desire of businesses to transfer tax dollars out of Canada into tax havens. As a result, the government must use a two-pronged approach when addressing tax havens. It should make Canada more attractive to investment by instituting competitive corporate taxation levels and reinvesting in strategic areas such as skills development and post-secondary education or research.

Closing tax loopholes that allow Barbados to operate as a tax haven for Canadian companies should be part of an overall strategy to restrict the use of tax havens. Merely closing tax loopholes that allow the Barbados to operate as a tax haven without addressing other tax havens will cause many companies to shift their operations to those other tax havens. More important, the government should make Canada more attractive to business by implementing competitive corporate tax levels. It should focus on productivity and make Canada a more attractive place to invest.

Our party is looking forward to the study which will be commissioned by the finance committee during the second week of December. The Conservative Party of Canada feels that it is important to stress that investment is mobile and will continue to move. The problem is serious. Canada is now a net exporter of capital. Neither Canadians nor foreigners are investing in our country. Our party welcomes that Canadians are investing outside the country but we must why they are not investing heavily in Canada.

Our party believes that overall tax reform with an emphasis on tax relief for large employers and reform of investment vehicles is necessary to ameliorate the situation in order that Canadians and other countries consider Canada as a good place to invest.

[Property Rights, October 4th, 2005]

Mr. Speaker, I want to thank the member for Yorkton—Melville for being persistent in trying to ensure that Canadians have their property rights. I want to make sure that we have a law in Canada that will be consistently applied to all Canadians and is not variable depending on what province or territory one might live in.

I rise this evening to speak to Motion No. 227 regarding primarily compensation and not the fundamental issue of property rights. I know that we will have another opportunity to debate that question.

I want to thank my fellow caucus members for the debate on this issue. In particular, I thank Mr. Garth Turner for his paper which provided me with many insightful and informed thoughts.

In my riding of Durham most of the residents are property and home owners. Many have lived on their properties for over 50 years, on farms that have been inherited generation after generation and which continue to be their daily lifeblood.

Others have come to Durham to enjoy the less urban lifestyle of a rural community. Even those who have moved into new homes built in new developments throughout the riding are brought to Durham because of the quality of life that my riding offers. Durham is growing and most have come to the area not only to enjoy the strong sense of community, but to live among the outdoor pleasures of rolling hills and wooded lands, and creeks, ponds and lakes.

Yet few of these property owners actually understand that in Canada they do not have the legal right to own the very assets that they treasure, work to maintain and improve with pride. These properties are their largest investments.

As Canadians, never before has such a massive share of our personal net worth been in property ownership, or the financial and retirement plans of so many been inextricably linked with the value of their homes and property.

Canadians today face an array of legislation that infringes on the right to own or use their properties. Landowners many times are restricted by the location of their property. Zoning laws dictate land use. Environmental protection laws can render land worthless overnight. Conservation authorities can prevent the construction of virtually anything on private property without any obligation to take over ownership of that land. Government can take land outright without any requirement to fairly compensate an owner.

Most of these limitations and restrictions are supported by most Canadians since they maintain aspects of the social good.

Governments pass laws which affect land use for environmental reasons, social benefit or to contain urban sprawl. However, many landowners are unaware of the impact new legislation has on their properties.

An ideal example is Ontario's move to freeze development in 1.8 million acres of rural land around the golden horseshoe in southern Ontario. In Durham we have seen how the actions to protect the Oak Ridges Moraine and greenbelt legislation have affected the rights and property usage of so many.

Residents in my riding support protecting the rural areas of Ontario. We are not reckless when it comes to the environment. In fact, I would maintain that they are the very residents for whom the environment and their rural community lifestyle is an essential part of why they have chosen to move to Durham and to remain there.

We recognize that we live in communities. Each of us is part of a larger society and we are willing to give to make our communities better for all. Because of this, we give governments the power to legislate for the good of all Canadians. However, we should recognize that the lives of some will be impacted and recognize that reasonable action must be taken when that impact significantly imperils the foundation of property ownership and personal land use.

In Ontario when the provincial greenbelt legislation was adopted, future land use was frozen, with only the barest of public consultation and in a process that lasted just 45 days. Without either consultation or compensation, my property owners saw their land devalued and reduced in commercial value. Farmers saw their property investments reduced by up to 90%.

I have heard from farmers in my area of Durham on this matter. As I have said, these are farmers who have been farming some of the best agricultural land in southeastern Ontario. They are farm families whose forefathers came to Durham in the latter part of the 1800s and who have worked the land from one generation to the next, despite the hardships and challenges faced by the agricultural sector, a sector which, due to the nature inherent in farming, provides few guarantees of prosperity and ongoing security. I have seen these families use much of their rewards to reinvest in the land and in their operations.

With one piece of provincial legislation, these families have seen their property values plunge. They have seen limitations on what they can do with their property. Consequently, the potential of the land, their future and that of their children are at risk.

Currently these families have no recourse. They have no security in knowing what the future or any future legislation may bring to further impact on their property values. Some have had their future put into jeopardy. They have seen the future financial security for themselves and that of the next generation cut drastically or destroyed.

Legislation such as the greenbelt legislation may, after due process and public consultation, be enacted in the public interest, but we must recognize the impact on families, their property and their future. We can ensure that governments move forward responsibly and move ahead for the greater good of all Canadians, but we must also recognize how governments' acts affect not only farmers, but the lives of all Canadians whose properties are affected. In these instances we should provide compensation for those Canadians and their families.

In conclusion, my colleagues have spoken of other properties and other categories of holdings and rights. I have focused on the property of land ownership and how particular types of legislation affect the future of those in the farming community in my riding.

I speak on behalf of all property owners in my riding and in Canada. Fair compensation is one way in which property ownership in Canada can work with the greater societal good. Fair compensation would recognize how Canadians take pride in their land and pride of ownership. It would recognize how property ownership for many is the major way in which Canadians look after their own future and retirement. This would find the balance needed to ensure that property ownership is respected and would allow for governments at all levels to act in the public interest.

This would enhance our sensibilities as a country working for the benefit of all without victimizing any one group, in this case Canadian property owners. I do recognize that in my area many have now joined a group and have become very vocal on respecting their property and their property values.

[Township of Uxbridge, October 3rd, 2005]

Mr. Speaker, this summer the Township of Uxbridge launched its bicentennial celebrations.

In 1805 a group of Quakers from Catawissa, Pennsylvania, came to Uxbridge, saw the beauty and potential bounty of the area, and settled. Many more Quaker families joined them over the following years, creating a heritage for Uxbridge of hard work, strong families and enduring community spirit.

The old township grew from a hamlet into a police village and then received official village status in 1885. The new Township of Uxbridge was formed in 1973 and today includes communities such as Altona, Goodwood, Siloam, Leaskdale and Zephyr. From those beginnings among the hills and valleys of the northern part of Durham, we now have a lively, warm and growing community.

I was proud to be part of their bicentennial parade and Settlers Day. I want to congratulate Mayor Gerry-Lynn O'Connor, her councillors and councillor Susan Self, along with countless volunteers who have organized a year of events to celebrate this historic occasion.

Congratulations to the Township of Uxbridge on its bicentennial year.